REDEVELOPMENT AGENCY OF THE CITY OF

SAN DIEGO, CALIFORNIA

THE AMENDEDRULES AND REGULATIONS

FOR IMPLEMENTATION OF THECALIFORNIA RELOCATION ASSISTANCE LAW

Date Adopted: April 3, 1990Amended: March 3, 1998

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TABLE OF CONTENTS

Page

I. § 101] GENERAL....................................... 1A. [§ 101] Purpose.................................. 1B. [§ 102] Authority................................ 1C. [§ 103] Effective Date; Applicability............ 2D. [§ 104] Extent of Relocation Payments............ 2E. [§ 105] Exceptions from Relocation Requirements.. 3

1. [§ 106] Acquisitions Not Induced by Agency. 32. [§ 107] Rent Restrictions at Nonprofit. 3

F. [§ 108] Priority of Federal Law.................. 4G. [§ 109] Severability............................. 4

II. [§ 200] DEFINITIONS.................................. 4A. [§ 201] Acquisition.............................. 4B. [§ 202] Agency................................... 4C. [§ 203] Appraisal................................ 5D. [§ 204] Average Annual Net Earnings.............. 5E. [§ 205] Average Monthly Income................... 5F. [§ 206] Business................................. 5G. [§ 207] City..................................... 6H. [§ 208] Comparable Replacement DwellingI. [§ 209] Condominium.............................. 9J. [§ 210] Decent, Safe and Sanitary Dwelling....... 9K. [§ 211] Department.............................. 10L. [§ 212] Displaced Business...................... 10M. [§ 213] Displaced Farm Operation................ 10N. [§ 214] Displaced Person........................ 10O. [§ 215] Displaced Resident...................... 13P. [§ 216] Dwelling................................ 13Q. [§ 217] Economic Rent........................... 14R. [§ 218] Elderly Household....................... 14S. [§ 219] Family.................................. 14T. [§ 220] Farm Operation.......................... 14U. [§ 221] Federal Project......................... 14V. [§ 222] Gross Income............................ 14W. [§ 223] Handicapped Household................... 15X. [§ 224] Initiation of Negotiations.............. 15Y. [§ 225] Last Resort Housing..................... 15Z. [§ 226] Manufactured Home or Mobilehome...... 16AA. [§ 227] Mortgage................................ 16BB. [§ 228] Nonprofit Organization.................. 16CC. [§ 229] Ownership............................... 17DD. [§ 230] Person.................................. 17EE. [§ 231] Personal Property....................... 17

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FF. [§ 232] Post-Acquisition Tenant................. 18GG. [§ 233] Prepaid Expenses........................ 18HH. [§ 234] Project Area Committee.................. 18II. [§ 235] Public Use.............................. 18JJ. [§ 236] Relocation Appeals Board................ 19KK. [§ 237] Small Business.......................... 19LL. [§ 238] Tenant.................................. 19MM. [§ 239] Unlawful Occupancy...................... 19

III. [§ 300] RELOCATION ADVISORY ASSISTANCE.............. 19A. [§ 301] Advisory Assistance to be Provided by... 19B. [§ 302] Informational Program................... 22

1. [§ 303] General Information............... 222. [§ 304] Personal Contact.................. 233. [§ 305] Information Statement: Relocation. 234. [§ 306] Notice of Eligibility Status...... 255. [§ 307] Language of Informational Material 256. [§ 308] Method of Delivery of............. 25

C. [§ 309] Determination of Relocation Needs....... 261. [§ 310] Interviews........................ 26

a. [§ 311] Information to be Obtained.. 26b. [§ 312] Coordination with Other

Agencies.................... 27c. [§ 313] Interview after Person Moves .

without Notice.............. 282. [§ 314] Relocation Records................ 283. [§ 315] Updating Information.............. 28

D. [§ 316] Relocation Site Office.................. 28E. [§ 317] Contracting for Relocation Services..... 29F. [§ 318] Coordination of Relocation Assistance... 29

IV. [§ 400] RELOCATION PLANS............................ 29A. [§ 401] Overall Relocation Plan................. 29

1. [§ 402] Contents of Plan.................. 29a. [§ 403] Report to City Council...... 29b. [§ 404] Additional Plan Elements.... 30

2. [§ 405] Procedure for Preparation......... 31B. [§ 406] Supplemental Relocation Plans........... 31

1. [§ 407] Required Generally................ 312. [§ 408] Contents of Plan.................. 32

a. [§ 409] Analysis of Replacement.......Dwelling Needs.............. 33

b. [§ 410] Analysis of Replacement .....Dwelling Resources.......... 34

c. [§ 411] Method of Providing Last .....Resort Housing.............. 35

d. [§ 412] Information Required........ 36

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3. [§ 413] Review of Supplemental RelocationPlan............................ 37

C. [§ 414] Conformance to General Plan............. 38D. [§ 415] Update of Relocation Plans.............. 38

V. [§ 500] ASSURANCE OF COMPARABLE REPLACEMENT DWELLING 38A. [§ 501] Requirement Generally .................. 38B. [§ 502] Procedure for Identifying Comparable .

Replacement Dwellings .................. 391. [§ 503] Survey of Available Replacement

Dwellings....................... 392. [§ 504] Information to be Obtained...... 39

a. [§ 505] Survey Area................. 39b. [§ 506] Gross Number of Comparable

Replacement Dwellings....... 39(1) [§ 507] Standard Generally ...... 39(2) [§ 508] Uncompleted New

Construction orRehabilitation .......... 39

(3) [§ 509] Publicly Subsidized Housing ................. 40

c. [§ 510] Adjustment for Concurrent... 41d. [§ 511] Adjustment for Housing

Turnover.................... 413. [§ 512] Review of Survey Results........ 42

C. [§ 513] Offers of Replacement Dwellings ........ 42D. [§ 514] Temporary Move ......................... 42

1. [§ 515] Use of Temporary ReplacementHousing......................... 42

2. [§ 516] Relocation Assistance andPayments........................ 43

3. [§ 517] Assurance Prior to TemporaryMove............................ 43

E. [§ 518] Provision of Last Resort Housing ....... 441. [§ 519] Authorization; Methods.......... 442. [§ 520] Nondiscrimination; Affirmative

Action.......................... 463. [§ 521] Conformity with Statutes and

Regulations..................... 474. [§ 522] Monitoring Housing Production... 475. [§ 523] Retention of Benefits upon Move

to Last Resort Housing.......... 47F. [§ 524] Move to Substandard Dwelling Unit ...... 47G. [§ 525] Waiver of Requirement for Replacement

Dwelling Prior to Displacement ......... 48

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VI. [§600] RELOCATION PAYMENTS TO DISPLACED RESIDENTS... 49A. [§ 601] Payments Required ...................... 49B. [§ 602] Actual Reasonable Moving Expenses ...... 49C. [§ 603] Alternate Payments ..................... 50D. [§ 604] Replacement Housing Payments for

Displaced Homeowners ................... 501. [§ 605] Amount of Payment............... 502. [§ 606] Eligibility3. [§ 607] Computation of Replacement Housing

Payment......................... 54a. [§ 608] Reasonable Cost of Comparable

Replacement Dwelling........ 54b. [§ 609] Increased Interest Cost..... 55c. [§ 610] Expenses Incident to the

Purchase of the ReplacementDwelling.................... 55

4. [§ 611] Multi-Family Dwelling........... 565. [§ 612] Homeowner Retention of

Dwelling........................ 576. [§ 613] Lease of Condominium............ 57

E. [§ 614] Replacement Housing Payments for Tenants and Certain Others ..................... 57

1. [§ 615] Amount of Payment............... 572. [§ 616] Eligibility..................... 583. [§ 617] Computation of Replacement Housing

Payment......................... 60a. [§ 618] Rent Differential Payment... 60b. [§ 619] Downpayment................. 62

4. [§ 620] Rental Payments for DisplacedHomeowners and Dependents....... 63

a. [§ 621] Homeownersb. [§ 622] Dependents.................. 63

F. [§ 623] Payments to Residents Displaced fromManufactured Homes and Mobilehomes ..... 63

1. [§ 624] Payment Required................ 632. [§ 625] Moving Expenses: Retention and

Move of Manufactured Home orMobilehome...................... 63

3. [§ 626] Replacement Housing Payments.... 64G. [§ 627] Proration of Payment ................... 66

VII. [§ 700] RELOCATION PAYMENTS TO DISPLACED BUSINESSES. 66A. [§ 701] Payments Required ...................... 66B. [§ 702] Moving Expenses; Loss of Property;

Search Expenses ........................ 671. [§ 703] Actual Reasonable Moving

Expenses........................ 67

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2. [§ 704] Actual Direct Losses of TangiblePersonal Property............... 70

3. [§ 705] Actual Reasonable Expenses inSearching for a ReplacementBusiness........................ 71

4. [§ 705.5] Actual Reasonable Expenses toReestablish a Small Business orNonprofit....................... 71

C. [§ 706] Alternate Payments ..................... 731. [§ 707] Determination of Payments....... 73

a. [§ 708] Amount of Payment........... 73b. [§ 709] Determination of Number of

Businesses.................. 742. [§ 710] Eligibility..................... 74

a. [§ 711] Business (Other thanNonprofit Organization)..... 74

b. [§ 712] Nonprofit Organization...... 76

VIII. [§ 800] RELOCATION ASSISTANCE AND PAYMENTS TO CERTAIN OTHERS............................. 77A. [§ 801] Displaced Farm Operations .............. 77

1. [§ 802] Requirement Generally........... 772. [§ 803] Eligibility for Alternate

Payment......................... 773. [§ 803.5] Continuation of Lease for

Farming......................... 77B. [§ 804] Displacement for Code Enforcement,

Rehabilitation or Demolition by the Agency ................................. 781. [§ 805] Authorization for Assistance and

Payment......................... 782. [§ 806] Rent Increase Resulting from

Rehabilitation.................. 793. [§ 807] Temporary Housing for Persons

Displaced by Rehabilitation..... 794. [§ 808] Option to Relocate in

Rehabilitated Dwelling.......... 795. [§ 809] Amount of Payment............... 796. [§ 810] Obligation Conditional Upon

Availability of Federal or StateFunds........................... 80

C. [§ 811] Temporary Displacement for Rehabilitation of Affordable Apartments ............... 80

D. [§ 812] Hardship Moves ......................... 81

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IX. [§ 900] ADDITIONAL PAYMENT FOR PROPERTY AFFECTED BY .AIRPORT.................................... 82

A. [§ 901] Payment Required ....................... 82B. [§ 902] Eligibility ............................ 82

X. [§ 1000] CLAIM AND PAYMENT PROCEDURES............... 82A. [§ 1001] Filing of Claims ....................... 82B. [§ 1002] Documentation in Support of Claim ...... 83

1. [§ 1003] Moving Expenses................. 83a. [§ 1004] Evidence of Moving Expenses. 83b. [§ 1005] Self Moves.................. 83c. [§ 1006] Exemption from Public Utilities

Commission Regulations...... 832. [§ 1007] Loss of Property................ 843. [§ 1008] Proof of Earnings............... 84

C. [§ 1009] Payment of Moving Expenses ............. 841. [§ 1010] Advance Payment................. 842. [§ 1011] Direct Payment.................. 843. [§ 1012] Methods Not Exclusive........... 84

D. [§ 1013] Payments for Replacement Dwellings ..... 851. [§ 1014] Payment for Purchase of Comparable

Replacement Dwelling............ 85a. [§ 1015] Disbursement................ 85b. [§ 1016] Provisional Payment Pending

Condemnation................ 85c. [§ 1017] Certificate of Eligibility.. 85

2. [§ 1018] Rent Differential Payments...... 86E. [§ 1019] Assistance and Payments to Persons Moving

without Notice ......................... 86F. [§ 1020] Termination of Relocation Assistance ... 86

XI. [§ 1100] GRIEVANCE PROCEDURES...................... 87A. [§ 1101] Right of Review ........................ 87B. [§ 1102] Notification of Decision ............... 87C. [§ 1103] Stages of Review 87

1. [§ 1104] Request for Further Written Information..................... 88

2. [§ 1105] Informal Oral Presentation...... 883. [§ 1106] Formal Review and

Reconsideration................. 88a. [§ 1107] Request for Review.......... 88b. [§ 1108] Notice of Procedures........ 89c. [§ 1109] Review by Relocation Appeals .

Board....................... 89d. [§ 1110] Scope of Review............. 89e. [§ 1111] Findings and Recommendations

by Relocation Appeals Board. 90

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f. [§ 1112] Final Determination by Agency Board....................... 91

(1) [§ 1113] Scope of Review 91(2) [§ 1114] Final Determination 91

D. [§ 1115] Time Limit for Requesting Review ....... 92E. [§ 1116] Stay of Displacement Pending Final ......

Determination .......................... 92F. [§ 1117] Joint Complainants ..................... 93G. [§ 1118] Right to Counsel ....................... 93H. [§ 1119] Review of Files by Claimant ............ 93I. [§ 1120] Recommendations by Third Party ......... 93J. [§ 1121] Effect of Determination on Other

Persons ................................ 94K. [§ 1122] Judicial Review ........................ 94

XII. [§ 1200] ACQUISITION PRACTICES...................... 94A. [§ 1201] Acquisition of Property by Negotiation . 94B. [§ 1202] Appraisal of Property .................. 94C. [§ 1203] Notice of Decision to Appraise ......... 95

1. [§ 1204] Contents of Notice.............. 952. [§ 1205] Information Statement: Property

Acquisition Procedures.......... 95D. [§ 1206] Establishment of Just Compensation ..... 97

1. [§ 1206.1] Generally...................... 972. [§ 1206.2] Exception for Property Offered

by Owner....................... 983. [§ 1206.3] Exception for Property or

Compensation Donated by Owner... 98E. [§ 1207] Uneconomic Remnant ..................... 99F. [§ 1207.5] Nonprofit, Special Use Property...... 99G. [§ 1208] Initiation of Negotiations ............. 99

1. [§ 1209] Written Offer2. [§ 1210] Statement of the Basis of Just

Compensation................... 100H. [§ 1211] Tenant Property Interests; Notice Re:

Loss of Goodwill ...................... 101I. [§ 1212] Compensation for Loss of Goodwill ..... 102

1. [§ 1213] Compensation Generally......... 1022. [§ 1214] Notice of Intent to Claim Loss of

Goodwill....................... 1033. [§ 1215] Conference to Discuss Eligibility

to Receive Compensation for Loss .of Goodwill.................... 103

4. [§ 1216] Business Records; Authorization toNegotiate...................... 103

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5. [§ 1217] Calculation of Net Amount of Just Compensation for Loss of Goodwill for Negotiation Purposes....... 104

6. [§ 1218] Notice to Owner; Written Offer. 1047. [§ 1219] Eminent Domain................. 104

J. [§ 1220] Negotiations; Eminent Domain .......... 105K. [§ 1221] Notice of Decision Not to Acquire ..... 106L. [§ 1222] Incidental Expenses ................... 106M. [§ 1223] Purchase Price as Public Information .. 107N. [§ 1224] Service of Notice ..................... 107

XIII.[§ 1300] PROPERTY MANAGEMENT PRACTICES............. 107A. [§ 1301] Short Term Rental ..................... 107B. [§ 1302] Notice to Vacate ...................... 107C. [§ 1303] Eviction .............................. 107D. [§ 1304] Status of Post-Acquisition Tenants .... 108

1. [§ 1305] Notice of Status............... 1082. [§ 1306] Notice to Vacate............... 1083. [§ 1307] Eligibility for Relocation

Assistance and Payments........ 1094. [§ 1308] Hardship Cases................. 1095. [§ 1309] Move from Permanent Housing.... 109

E. [§ 1310] Service of Notice ..................... 109

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RULES AND REGULATIONSFOR IMPLEMENTATION OF THE

CALIFORNIA RELOCATION ASSISTANCE LAW

I. [§ 101] GENERAL

A. [§ 101] Purpose

The purpose of these Rules and Regulations is toimplement the California Relocation Assistance LawGovernment Code, Section 7260, et seq.). These Rules andRegulations have also been formulated to the extentapplicable with reference to the Relocation Assistance andReal Property Acquisition Guidelines adopted by theDepartment of Housing and Community Development pursuant toHealth & Safety Code Section 50460 (the “Guidelines”).

The Rules and Regulations are designed to carry outthe following policies of the Relocation Assistance Lawwith respect to activities of the Agency:

1. To ensure that uniform, fair and equitabletreatment is afforded persons displaced fromtheir homes or businesses as a result of theactions of the Agency, in order that suchpersons shall not suffer disproportionateinjury as a result of action taken for thebenefit of the public as a whole; and

2. In the acquisition of real property by theAgency, to ensure consistent and fairtreatment for owners of real property to beacquired, to encourage and expediteacquisition by agreement with owners of suchproperty in order to avoid litigation andrelieve congestion in courts, and to promoteconfidence in public land acquisition.

B. [§ 102] Authority

These Rules and Regulations have been adopted byresolution of the Agency pursuant to Section 7267.8(a) ofthe Government Code, and are in conformity with theRelocation Assistance Law.

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C. [§ 103] Effective Date; Applicability

The effective date of these Rules and Regulationsshall be the date of their adoption by the Agency. TheseRules and Regulations shall be applicable to alldisplacement and acquisition occurring after their adoptionby the Agency. Any provisions of the Relocation AssistanceLaw which became effective prior to the adoption oramendment of these Rules and Regulations shall govern anyconflicting provision hereof.

To the extent that these Rules and Regulations arefrom time to time amended, the amendments shall beeffective prospectively from the date that they areadopted, or from an otherwise applicable effective date.Any such amendments shall not be construed retroactively toapply to any action undertaken by the Agency prior to theireffective date where the purpose of the action was tofulfill obligations imposed by the Relocation AssistanceLaw and the action is in compliance with the requirementsof the Relocation Assistance Law and the existing Rules andRegulations. The term “action” as referred to above shallinclude, but is not limited to: the provision ofinformation, notice, other assistance, comparablereplacement housing, payments and other benefits; thepreparation of relocation (including last resort) housingplans, including the survey and analysis of needs andresources; the processing of grievances; and the varioussteps taken in connection with the acquisition of propertyfor public use.

The amendments to these Rules and Regulationscorresponding to the changes made in Sections 7260, 7262.5and 7264 of the Government Code, by Chapter 597 of theCalifornia Statutes of 1997, shall apply prospectively onlyfrom January 1, 1998, and shall apply only to the extentthat they do not adversely affect existing rights ofpersons or households entitled to benefits under theseRules and Regulations on or before December 31, 1997.

D. [§ 104] Extent of Relocation Payments

The Agency shall provide relocation assistance andshall make all of the relocation payments required by law,including the making of such payments financed by thefederal government. In addition, the Agency may make anyadditional relocation payments which in the Agency's

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opinion may be reasonably necessary under the circumstancesof the particular case to carry out the purposes of aredevelopment plan for any redevelopment project.

E. [§ 105] Exceptions from Relocation Requirements

1. [§ 106] Acquisitions Not Induced by Agency

The requirement to provide relocation assistance andbenefits shall not apply to a purchase of property which isoffered for sale by the owner, property being sold atexecution or foreclosure sale, or property being soldpursuant to court order or under court supervision if theproperty in any of the foregoing situations is eitheroccupied by the owner or is unoccupied, and if the offerfor sale is not induced by Agency disposition, plannedcondemnation, or redevelopment of surrounding lands, and ifthe sales price is fair market value or less, as determinedby a qualified appraiser, and if no federal funds areinvolved in the acquisition, construction, or projectdevelopment. “Offered for sale” means either advertisedfor sale in a publication of general circulation publishedat least once a week or listed with a licensed real estatebroker and published in a multiple listing, pursuant toSection 1087 of the Civil Code.

At the time of making an offer to acquire propertyunder this Section, the Agency shall notify the propertyowner in writing, of the following:

a. The Agency's plans for developing theproperty to be acquired or thesurrounding property; and

b. Any relocation assistance and benefitsprovided pursuant to state law whichthe property owner may be foregoing.

2. [§ 107] Rent Restrictions at NonprofitFacilities

Nonprofit facilities subsidized pursuant to anyfederal or state program for the benefit of low-incometenants that restrict rent increases based on operatingcost increases, and that also receive state funds forrenovation and rehabilitation involving the temporaryrelocation of those tenants, shall be exempt from any

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restrictions on rents imposed pursuant to the RelocationAssistance Law and these Rules and Regulations.

F. [§ 108] Priority of Federal Law

With respect to a federally funded project, the Agencyshall make relocation assistance payments and providerelocation advisory assistance as required under federallaw. The Agency may make any relocation assistancepayment, or may make any relocation assistance payment inan amount which exceeds the maximum amount for such paymentauthorized by these Rules and Regulations, if the making ofsuch payment, or the payment in such amount, is requiredunder federal law to secure federal funds.

G. [§ 109] Severability

If any provision of these Rules and Regulations or theapplication thereof to any person or circumstances is heldinvalid, such invalidity shall not affect other provisionsor applications of the Rules and Regulations which can begiven effect without the invalid provision or application,and to this end the provisions of the Rules and Regulationsare severable.

II. [§ 200] DEFINITIONS

A. [§ 201] Acquisition

“Acquisition” means obtaining ownership or possessionof real property by purchase, eminent domain, or any otherlawful means.

B. [§ 202] Agency

“Agency” means the Redevelopment Agency of the City ofSan Diego, a public body, corporate and politic, organizedand existing under Chapter 2 of the Community RedevelopmentLaw of the State of California, and any agency, staff,consultants, assignees, delegates and City departments whomay be assigned the duties and responsibilities forimplementing the Relocation Assistance Law pursuant tothese Rules and Regulations, or any entity acting on behalfof the Agency when acquiring real property, or any interesttherein.

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C. [§ 203] Appraisal

“Appraisal” means a written statement independentlyand impartially prepared by a qualified appraiser settingforth an opinion of defined value of an adequatelydescribed property as of a specific date, supported by thepresentation and analysis of relevant market information.

D. [§ 204] Average Annual Net Earnings

“Average annual net earnings” means one-half of anynet earnings of a business before federal, state and localincome taxes, during the two taxable years immediatelypreceding the taxable year in which such business movesfrom the real property being acquired, or during such otherperiod as the Agency determines to be more equitable forestablishing such earnings, and includes any compensationpaid by the business to the owner, his or her spouse, orhis or her dependents during the two-year or other period.

The term “owner” as used herein includes the soleproprietor in a sole proprietorship, the principal partiesin a partnership, and the principal stockholders of acorporation, as determined by the Agency. For purposes ofdetermining a principal stockholder, stock held by ahusband, his wife and their dependent children will betreated as one unit.

E. [§ 205] Average Monthly Income

“Average monthly income” means gross income divided by12.

F. [§ 206] Business

“Business” means any lawful activity, except a farmoperation, which lawful activity is not in unlawfuloccupancy, conducted for any of the following:

1. Primarily for the purchase, sale, lease, orrental of personal and real property, andfor the manufacture, processing, ormarketing of products, commodities or anyother personal property;

2. Primarily for the sale of services to thepublic;

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3. Primarily by a nonprofit organization; or

4. Solely for the purpose of Section 700 ofthese Rules and Regulations, for assistingin the purchase, sale, resale, manufacture,processing or marketing of products,commodities, personal property or servicesby the erection and maintenance of anoutdoor advertising display, whether or notsuch display is located on the premises onwhich any of the above activities areconducted.

G. [§ 207] City

“City” means the City of San Diego.

H. [§ 208] Comparable Replacement Dwelling

“Comparable replacement dwelling” means any dwellingthat is all of the following:

1. Decent, safe, and sanitary.

2. Adequate in size to accommodate theoccupants.

3. In the case of a displaced person who is arenter, within the financial means of thedisplaced person. A comparable replacementdwelling is within the financial means of adisplaced person if the monthly rental costof the dwelling, including estimated averagemonthly utility costs, minus any replacementhousing payment available to the person,does not exceed 30 percent of the person'saverage monthly income, unless the displacedperson meets one or more of the followingconditions, in which case the payment of themonthly rental cost of comparablereplacement dwelling, including estimatedaverage monthly utility costs, minus anyreplacement housing payment available to theperson, shall not exceed 25 percent of theperson's average monthly income:

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a. Prior to January 1, 1998, the displacedperson received a notice to vacate fromthe Agency, or from a person having anagreement with the Agency;

b. The displaced person resides onproperty that was acquired by theAgency, or by a person having anagreement with the Agency, prior toJanuary 1, 1998;

c. Prior to January 1, 1998, the Agency,or a person having an agreement withthe Agency, initiated negotiations toacquire the property on which thedisplaced person resides;

d. Prior to January 1, 1998, the Agency,or a person having an agreement withthe Agency entered into an agreement toacquire the property on which thedisplaced person resides;

e. Prior to January 1, 1998, the Agency,or a person having an agreement withthe Agency, gave written notice ofintent to acquire the property on whichthe displaced person resides;

f. The displaced person is covered by, orresides in an area or project coveredby, a final Supplemental RelocationPlan that was adopted prior to January1, 1998;

g. The displaced person is covered by, orresides in an area or project coveredby, a proposed Supplemental RelocationPlan that was required to have beensubmitted prior to January 1, 1998, tothe Department or to a Project AreaCommittee, or for which notice wasrequired to have been provided tooccupants of the property prior toJanuary 1, 1998;

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h. The displaced person is covered by, orresides in an area or project coveredby, a proposed Supplemental RelocationPlan that was submitted prior toJanuary 1, 1998, to the Department orto a Project Area Committee, or forwhich notice was provided to the publicor to occupants of the property priorto January 1, 1998, and the person iseventually displaced by the projectcovered in the proposed SupplementalRelocation Plan;

i. The displaced person resides onproperty for which a contract foracquisition, rehabilitation,demolition, construction, or otherdisplacing activity was entered into bythe Agency, or by a person having anagreement with the Agency, prior toJanuary 1998;

j. The displaced person resides onproperty where an owner participationagreement, or other agreement betweenthe Agency and a private party thatwill result in the acquisition,rehabilitation, demolition, ordevelopment of the property or otherdisplacement, was entered into prior toJanuary 1, 1998, and the displacedperson resides in the property at thetime of the agreement, providesinformation to the Agency, or personhaving an agreement with the Agencyshowing that he or she did reside inthe property at the time of theagreement and is eventually displacedby the project covered in theagreement.

4. Comparable with respect to the number ofrooms, habitable space, and type and qualityof construction. Comparability under thisparagraph shall not require strict adherenceto a detailed, feature-by-featurecomparison. While a comparable replacement

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dwelling need not possess every feature ofthe displacement dwelling, the principalfeatures shall be present.

5. In an area not subjected to unreasonableadverse environmental conditions.

6. In a location generally not less desirablethan the location of the displaced person'sdwelling with respect to public utilities,facilities, services, and the displacedperson's place of employment.

If a dwelling which satisfies these standards is notavailable, the Agency may consider a dwelling which exceedsthem.

“Replacement dwelling” as herein defined does notrefer to “replacement dwelling unit” as that term is usedand defined in Section 33411.2(c) of the CaliforniaCommunity Redevelopment Law.

I. [§ 209] Condominium

“Condominium” means a combination of co-ownership andownership in severalty. It is an arrangement under whichpersons in a housing development hold full title to a one-family dwelling unit, including an undivided interest incommon areas and facilities, and such restricted commonareas and facilities as may be designated.

J. [§ 210] Decent, Safe and Sanitary Dwelling

“Decent, safe and sanitary dwelling” means a dwellingwhich is in sound, clean and weather-tight condition, ingood repair and adequately maintained, in conformance withthe applicable state and local building, plumbing,electrical, housing and occupancy codes or similarordinances or regulations and which meets the followingminimum standards:

1. Each housekeeping unit shall include akitchen with a fully usable sink, a stove orconnection for a stove, a separate andcomplete bathroom, hot and cold runningwater in both bathroom and kitchen, anadequate and safe wiring system for lighting

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and other electrical services and heating asrequired by climatic conditions and localcodes.

2. Each non-housekeeping unit shall be inconformance with state and local standardsfor boardinghouses, hotels and otherdwellings for congregate living.

When the term “decent, safe and sanitary” isinterpreted under local, state or federal law, asestablishing a higher standard, the elements of that higherstandard are incorporated herein. A unit which is occupiedby no more than the maximum number of people allowed underthe State Building Code shall be considered to be incompliance with the occupancy provisions of this Section.

K. [§ 211] Department

“Department” means the California Department ofHousing and Community Development.

L. [§ 212] Displaced Business

“Displaced business” means any business whichqualifies as a displaced person under Section 214 hereof.

M. [§ 213] Displaced Farm Operation

“Displaced farm operation” means any farm operationwhich qualifies as a displaced person under Section 214hereof.

N. [§ 214] Displaced Person

“Displaced person” means both of the following:

1. Any person who moves from real property, orwho moves his or her personal property fromreal property, either:

a. As a direct result of a written noticeof intent to acquire, or theacquisition of, the real property, inwhole or in part, for a program orproject undertaken by the Agency or by

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any person having an agreement with, oracting on behalf of, the Agency; or

b. As a direct result of therehabilitation, demolition, or otherdisplacing activity as the Agency mayprescribe under a program or projectundertaken by the Agency, of realproperty on which the person is inlawful occupancy as a residentialtenant, or by conducting a business orfarm operation, and if the displacementis determined by the Agency to bepermanent. For purposes of thissubparagraph, residential tenantincludes an occupant of a residentialhotel unit, as defined in subdivision(b) of Section 50669 of the Health andSafety Code, and an occupant ofemployee housing, as defined in Section17008 of the Health and Safety Code.

2. Solely for the purposes of Sections 300 and700, any person who moves from realproperty, or moves his or her personalproperty from real property, either:

a. As a direct result of a written noticeof intent to acquire, or theacquisition of other real property, inwhole or in part, on which the personconducts a business or farm operationfor a program or project undertaken bythe Agency; or

b. As a direct result of therehabilitation, demolition, or otherdisplacing activity as the Agency mayprescribe under a program or projectundertaken by the Agency, of other realproperty on which the person conducts abusiness or farm operation, in any casein which the Agency determines that thedisplacement is permanent.

This Section shall be construed so that personsdisplaced as a result of Agency action receive benefits in

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cases where they are displaced as a result of an ownerparticipation agreement or an acquisition carried out by aprivate person for, or in connection with, a public usewhere the Agency is otherwise empowered to acquire theproperty to carry out the public use.

Except for persons or families of low and moderateincome who are occupants of housing that was made availableto them on a permanent basis by the Agency and who arerequired to move from the housing, a “displaced person”shall not include any of the following:

(1) Any person who has been determinedto be in unlawful occupancy of thedisplacement property;

(2) Any person who is a post-acquisition tenant of the realproperty;

(3) Any person who has occupied thereal property for the purpose ofobtaining assistance under theRelocation Assistance Law or theseRules and Regulations;

(4) In any case in which the Agencyacquires property for a program orproject (other than a person whowas an occupant of the property atthe time it was acquired), anyperson who occupies the propertyfor a period subject totermination when the property isneeded for the program or project;

(5) Any person occupying privateproperty (not otherwise entitledto relocation benefits as a resultof an acquisition, rehabilitationor demolition program) who isrequired to move as a result ofthe Agency’s routine enforcementof building, housing or healthcodes unless the code enforcementis undertaken for the purpose ofcausing displacement in

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coordination with an identifiedrehabilitation, construction, ordemolition program or project;

(6) A person who is not required tomove permanently or temporarily asa result of the project as long asthey are notified they are notrequired to move and the projectdoes not impose an unreasonablechange in the character or use ofthe property;

(7) An owner-occupant who moves as aresult of an acquisition meetingthe requirements of Section 106.

A utility which relocates its poles, posts, wires,conduits, cables, pipes, lines and necessary fixtures andequipment located in, along, or under any public street,road or highway as the result of activities in theimplementation of a redevelopment plan is not a displacedperson.

O. [§ 215] Displaced Resident

“Displaced resident” means any individual or familyoccupant of a dwelling who qualifies as a displaced personunder Section 214 hereof.

P. [§ 216] Dwelling

“Dwelling” means the place of permanent or customaryand usual abode of a person, including a single-familydwelling, a single- family unit in a two-family dwelling,multi-family or multipurpose dwelling, a unit of acondominium or cooperative housing project, anonhousekeeping unit, a mobilehome, a recreational vehicleas described in Health and Safety Code Section 18010, orany other residential unit which either is considered to bereal property under state law or cannot be moved withoutsubstantial damage or unreasonable cost. A residence neednot be decent, safe and sanitary to be a dwelling.

A second home shall be considered a dwelling only forthe purpose of establishing eligibility for payment for

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moving and related expenses under Section 602 of theseRules and Regulations.

Q. [§ 217] Economic Rent

“Economic rent” means the amount of rent a tenant orhomeowner would have to pay for a dwelling similar to theacquired dwelling in a comparable area.

R. [§ 218] Elderly Household

“Elderly household” means a household in which thehead of household or spouse is 62 years of age or older.

S. [§ 219] Family

“Family” means two or more individuals, one of whom isthe head of a household, plus all other individualsregardless of blood or legal ties who live with and areconsidered a part of the family unit.

T. [§ 220] Farm Operation

“Farm operation” means any activity conducted solelyor primarily for the production of one or more agriculturalproducts or commodities, including timber, for sale or homeuse, and customarily producing these products orcommodities in sufficient quantity to be capable ofcontributing materially to the operator's support.

U. [§ 221] Federal Project

“Federal project” means any direct federal project orany project receiving federal financial assistance.

V. [§ 222] Gross Income

“Gross income” means the total annual income of anindividual, or where a family is displaced total annualincome of the parents or adult heads of household, less thefollowing:

1. A deduction of $500 for each dependent inexcess of three.

2. A deduction of 10 percent of total incomefor an elderly or handicapped household.

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3. A deduction for recurring, extraordinarymedical expenses, defined for this purposeto mean medical expenses in excess of threepercent of total income, where notcompensated for or covered by insurance orother sources, such as public assistance ortort recovery.

4. A deduction of reasonable amounts paid forthe care of children or sick orincapacitated family members when determinedto be necessary to employment of the head orspouse, except that the amount deductedshall not exceed the amount of incomereceived by the person thus released.

Gross income is divided by 12 to ascertain the averagemonthly income. Relocation and property acquisitionpayments are not to be considered as income for thedetermination of financial means.

W. [§ 223] Handicapped Household

“Handicapped household” means a household in which anymember is handicapped or disabled.

X. [§ 224] Initiation of Negotiations

“Initiation of negotiations” means the initial writtenoffer made by the Agency to the owner of the real propertyto be purchased, or the owner's representative.

Y. [§ 225] Last Resort Housing

“Last resort housing” means comparable replacementdwellings provided by the Agency with its funds or fundsauthorized for the project because comparable replacementdwellings will not otherwise be available as needed.

Last resort housing as herein defined does not referto “replacement dwelling unit” as that term is used anddefined in Section 33411.2(c) of the California CommunityRedevelopment Law.

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Z. [§ 226] Manufactured Home or Mobilehome

“Manufactured home” means a structure, transportablein one or more sections, which, in the traveling mode, iseight body feet or more in width, or 40 body feet or morein length, or, when erected on site, is 320 or more squarefeet, and which is built on a permanent chassis anddesigned to be used as a dwelling with or without apermanent foundation when connected to the requiredutilities, and includes the plumbing, heating, airconditioning, and electrical systems contained therein;except that such term shall include any structure whichmeets all the requirements of this paragraph except thesize requirements and with respect to which themanufacturer voluntarily files a certification and complieswith the standards established under Part 2 of Division 13of the Health and Safety Code. Manufactured home includesa mobilehome subject to the National Manufactured HousingConstruction and Safety Act of 1974 (42 U.S.C. Section5401, et. seq.).

“Mobilehome” means a structure that meets therequirements of a manufactured home. Mobilehome does notinclude a commercial coach, as defined in Health and SafetyCode Section 18001.8, factory-built housing, as defined inHealth and Safety Code Section 19971, or a recreationalvehicle, as defined in Health and Safety Code Section18010.

Or as Health and Safety Code Section 18007 or 18008,respectively, may be amended from time to time.

AA. [§ 227] Mortgage

“Mortgage” means such classes of liens as are commonlygiven to secure advances on, or the unpaid purchase priceof, real property, together with the credit instruments, ifany, secured thereby, including but not limited to deeds oftrust and land sales contracts.

BB. [§ 228] Nonprofit Organization

“Nonprofit organization” means a corporation,partnership, individual or other public or private entity,engaged in a business, professional or institutionalactivity on a non-profit basis, necessitating fixtures,equipment, stock in trade, or other tangible property for

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the carrying on of the business, profession orinstitutional activity on the premises.

CC. [§ 229] Ownership

“Ownership” means holding any of the followinginterests in a dwelling, or a contract to purchase one ofthe 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 fromthe date of acquisition of the property;

5. A proprietary interest in a cooperativehousing project which includes the right tooccupy a dwelling;

6. A proprietary interest in a mobile home;

7. A leasehold interest with an option topurchase.

In the case of one who has succeeded to any of theforegoing interests by devise, bequest, inheritance oroperation of law, the tenure of ownership, but notoccupancy, of the succeeding owner shall include the tenureof the preceding owner.

DD. [§ 230] Person

“Person” means any individual, family, partnership,corporation, limited liability company or association.

EE. [§ 231] Personal Property

“Personal property” means tangible property which issituated on the real property vacated or to be vacated by adisplaced person and which is considered personal propertyand is non-compensable (other than for moving expenses)under the state law of eminent domain.

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In the case of a tenant, personal property includesfixtures and equipment, and other property which may becharacterized as real property under state or local law,but which the tenant may lawfully and at his electiondetermine to move, and for which the tenant is notcompensated in the real property acquisition.

In the case of an owner of real property, thedetermination as to whether an item of property is personalor real shall depend upon how it is identified in theclosing or settlement statement with respect to the realproperty acquisition.

FF. [§ 232] Post-Acquisition Tenant

“Post-acquisition tenant” means a tenant who lawfullycommences to occupy property only after the Agency acquiresit, or who lawfully occupies property after the privateacquisition of property by a person with a writtenagreement with the Agency for the purpose of financing thepurchase or development of the property.

GG. [§ 233] Prepaid Expenses

“Prepaid expenses” means items paid in advance by theseller of real property and pro-rated between such sellerand the buyer of such real property at the close of escrowincluding, but not limited to, real property taxes,insurance, homeowners' association dues and assessmentpayments.

HH. [§ 234] Project Area Committee

“Project area committee” means a committee formed fora redevelopment project area pursuant to Section 33385 ofthe California Community Redevelopment Law.

With respect to any redevelopment project in whichsuch a project area committee has not been formed, “projectarea committee” shall refer to residents and communityorganizations within a displacement area.

II. [§ 235] Public Use

“Public use” means a use for which real property maybe acquired by eminent domain.

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JJ. [§ 236] Relocation Appeals Board

“Relocation Appeals Board” means the relocationappeals board established within the City pursuant toSection 33417.5 of the California Community RedevelopmentLaw.

KK. [§ 237] Small Business

“Small business” means a business as defined in Part24 of Title 49 of the Code of Federal Regulations.

LL. [§ 238] Tenant

“Tenant” means a person who rents or is otherwise inlawful possession of a dwelling, including a sleeping room,which is owned by another.

MM. [§ 239] Unlawful Occupancy

“Unlawful occupancy” means occupancy where a personhas been ordered to move by a court of competentjurisdiction or if the person's tenancy has been lawfullyterminated by the owner for cause, the tenant has vacatedthe premises, and the termination was not undertaken forthe purpose of evading relocation assistance obligations.

III. [§ 300] RELOCATION ADVISORY ASSISTANCE

A. [§ 301] Advisory Assistance to be Provided bythe Agency

Programs or projects undertaken by the Agency shall beplanned in a manner that recognizes, at an early stage inthe planning of the programs or projects and before thecommencement of any actions which will cause displacements,the problems associated with the displacement ofindividuals, families, businesses, and farm operations; andprovides for the resolution of these problems in order tominimize adverse impacts on displaced persons and toexpedite program or project advancement and completion.The Agency shall ensure the relocation assistance advisoryservices described in this Section 301 are made availableto all persons displaced by the Agency. If the Agencydetermines that any person occupying property immediatelyadjacent to the property where the displacing activityoccurs is caused substantial economic injury as a result

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thereof, the Agency may make the advisory servicesavailable to the person.

Notwithstanding Section 214, in any case in which theAgency acquires property for a program or project, anyperson who occupies the property on a rental basis for ashort term or a period subject to termination when theproperty is needed for the program or project, shall beeligible for advisory services to the extent determined bythe Agency.

The relocation advisory assistance to be provided bythe Agency shall include those measures, facilities and/orservices which are necessary or appropriate to do all ofthe following:

1. Determine and make timely recommendations onthe needs and preferences, if any, ofdisplaced persons for relocation assistance;

2. Provide current and continuing informationon the availability, sales prices, andrentals of comparable replacement dwellingsfor displaced homeowners and tenants, andsuitable locations for businesses and farmoperations;

3. Assure that, within a reasonable time periodprior to displacement, to the extent that itcan be reasonably accomplished, there willbe available in areas not generally lessdesirable in regard to public utilities andpublic and commercial facilities, and atrents or prices within the financial meansof displaced families and individuals,decent, safe, and sanitary dwellings,sufficient in number to meet the needs of,and available to, those displaced personsrequiring those dwellings and reasonablyaccessible to their places of employment,except that, in the case of a federallyfunded project a waiver may be obtained fromthe federal government;

4. Assure that a person shall not be requiredto move from a dwelling unless the personhas had a reasonable opportunity to relocate

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to a comparable replacement dwelling, exceptin the case of any of the following:

a. A major disaster as defined in Section102(2) of the Hazard Mitigation andRelocation Assistance Act of 1993 (42U.S.C. 5121) and/or the CaliforniaNatural Disaster Assistance Act;

b. A state of emergency declared by thePresident or Governor;

c. Any other emergency which requires theperson to move immediately from thedwelling because continued occupancy ofthe dwelling by the person constitutesa substantial danger to the health andsafety of the person.

5. Assist a person displaced from a business orfarm operation in obtaining and becomingestablished in a suitable replacementlocation;

6. Supply information concerning other federaland state programs which may be ofassistance to those persons in applying forassistance under the program;

7. Provide other advisory services to displacedpersons in order to minimize hardships tothose persons;

8. Fully inform eligible persons within 60 daysfollowing the initiation of negotiations,but not later than the close of escrow onthe property, as to the availability ofrelocation benefits and assistance and theeligibility requirements therefor, as wellas the procedures for obtaining suchbenefits and assistance. For projects byprivate parties with an agreement with theAgency, the initiation of negotiations shallbe the later of the date of acquisition orthe date of the written agreement betweenthe private entity and the Agency for

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purposes of acquiring or developing theproperty;

9. Assist each eligible, displaced person tocomplete applications for payments andbenefits;

10. Provide any services required to insure thatthe relocation process does not result indifferent or separate treatment on accountof race, color, religion, ancestry, nationalorigin, sex, sexual orientation, maritalstatus, familial status, or any basisprotected by state or federal anti-discrimination laws, or any other arbitrarycircumstances. Such relocation processshall satisfy the requirements of Title VIof the Civil Rights Act 1964, Title VIII ofthe Civil Rights Act of 1968, the UnruhCivil Rights Act, the California FairHousing Law and applicable state and federalanti-discrimination laws;

11. Inform all persons who are expected to bedisplaced about the eviction policies to bepursued in carrying out the project.

B. [§ 302] Informational Program

1. [§ 303] General Information

The Agency shall establish and maintain an informationprogram utilizing meetings, newsletters, and othermechanisms, including local media available to all persons,for keeping occupants of the property which the Agency isacquiring informed on a continuing basis about itsrelocation program. The criterion for selecting amongvarious alternative mechanisms shall be the likelihood ofactually communicating information to such persons. Legalpublications, legal ads in local newspapers of generalcirculation and similar means are inadequate if they arelikely to go unnoticed.

The Agency shall provide technical assistance asnecessary to interpret elements of the Agency's RelocationPlan and other pertinent materials.

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2. [§ 304] Personal Contact

As soon as practicable following the initiation ofnegotiations to acquire a parcel of real property theAgency shall contact each eligible person occupying suchproperty to carefully explain and discuss fully with suchperson the extent of relocation payments and assistancethat may be made available by the Agency. Such contactshall be direct and personal except where repeated effortsindicate that such contact is not possible. Such contactmay be made at the time and as part of the interview toascertain relocation needs conducted pursuant to Section310. All persons shall be advised and encouraged to visitthe Agency's relocation office for information andassistance. The Agency shall maintain personal contactswith occupants of the property to the maximum extentpracticable.

3. [§ 305] Information Statement: RelocationAssistance

As soon as practicable following the initiation ofnegotiations to acquire a parcel of real property (andwithin 60 days thereof, but at least 90 days beforedisplacement) the Agency shall provide each occupant ofsuch property with a written statement containing thefollowing information:

1. A general description of the nature andtypes of activities that will be undertakenand identification of the displacement areainvolved, including a diagrammatic sketch ofsuch area;

2. A statement that Agency action may result indisplacement, but that to the greatestextent practicable, no person lawfullyoccupying the real property will be requiredto move without at least 90 days' writtennotice from the Agency;

3. A statement to residents that families andindividuals will not be required to movefrom their dwellings before reasonableoffers of comparable replacement dwellingswithin their financial means have been made,

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except under limited circumstances providedfor in these Rules and Regulations;

4. A general description of types of relocationpayments available, including generaleligibility criteria, and a caution againstpremature moves that might result in loss ofeligibility for a payment;

5. Identification of the Agency's relocationprogram and a description of relocationservices and aids that will be available;

6. Encouragement to visit the Agency'srelocation office and cooperate with staff,and the address, telephone number and hoursof the relocation office;

7. Information to residents on replacementdwellings, including:

a. A brief description of what constitutesa replacement dwelling, includingphysical standards;

b. A layman's description of applicablefederal, state and local fair housinglaws;

c. A statement that the Agency willidentify available comparablereplacement dwellings and will provideassistance to persons in obtaininghousing of their choice, includingassistance in referring complaints ofdiscrimination to the appropriatefederal, state or local fair housingenforcement agency;

d. A statement that persons may seektheir own housing accommodations, andurging them, if they do so, to notifythe Agency prior to making a commitmentto purchase or occupy the property.

8. A statement to businesses that the Agencywill provide every possible assistance in

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locating relocation accommodations,including consultation with the SmallBusiness Administration and othergovernmental agencies which might be ofassistance;

9. A statement to businesses describing therequirement for prior notification to theAgency of the business concern's intentionto move;

10. A statement of the Agency's eviction policy;

11. A statement describing the Agency'sgrievance procedure, its purpose and how itmay be used;

12. Any additional information that the Agencybelieves would be helpful.

Where appropriate, separate information statementsshall be prepared for residential and non-residentialoccupants.

4. [§ 306] Notice of Eligibility Status

In addition to disseminating general information ofthe type described in Section 302, the Agency shall provideeach occupant of the property with individual, writtennotification of the eligibility status as soon as it hasbeen established.

5. [§ 307] Language of Informational Material

Informational material shall be prepared in thelanguage(s) most easily understood by the recipients. Indisplacement areas where there are significantconcentrations of persons who do not read, write, orunderstand English fluently, the native language of thepeople should be used and all informational material shouldbe provided in the native language(s) and English.

6. [§ 308] Method of Delivery ofInformational Material

To assure receipt of the informational material, theAgency shall arrange to have the material either hand-

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delivered to each occupant of the property with a requestfor a written receipt, or sent by certified mail, returnreceipt requested.

C. [§ 309] Determination of Relocation Needs

1. [§ 310] Interviews

As soon as practicable following the initiation ofnegotiations to acquire a parcel of real property theAgency shall interview each eligible person occupying suchproperty to obtain information upon which to plan forhousing and other accommodations, as well as counseling andassistance needs. The interview shall be by direct,personal contact, except where repeated efforts indicatethat such contact is not possible. The Agency shallcarefully explain and discuss fully with each personinterviewed the purpose of the interview.

When a person cannot be interviewed or the interviewdoes not produce the information to be obtained reasonableefforts shall be made to obtain the information by othermeans.

a. [§ 311] Information to be Obtained

The Agency shall endeavor to obtain the followinginformation from eligible persons:

(1) Income;

(2) Whether a person is elderly orhandicapped;

(3) Size of family;

(4) Age of children;

(5) Location of job and factorslimiting accessibility;

(6) Area of preferred relocation;

(7) Type of unit preferred;

(8) Ownership or tenant preference;

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(9) Need for social and publicservices, special schools andother services;

(10) Eligibility for publicly assistedor subsidized housing;

(11) With reference to the presentdwelling:

(a) the rent;

(b) type and quality ofconstruction;

(c) number of rooms and bedrooms;

(d) amount of habitable livingspace;

(e) locational factors including,among others, publicutilities, public andcommercial facilities(including transportation andschools) and neighborhoodconditions (includingmunicipal services).

(12) Such other matters that concern ahousehold as its memberscontemplate relocation.

b. [§ 312] Coordination with OtherAgencies

In order to avoid duplication of effort and to ensurethat necessary information is available at the appropriatetime, the Agency shall coordinate its interview activitieswith the survey activities, if any, of other agencies.Gathering of data pertinent to social service referrals ofeligible persons shall be planned in cooperation withsocial service agencies.

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c. [§ 313] Interview after Person Moves without Notice

If the Agency fails to conduct the required interviewof any eligible person in a timely and effective manner,the Agency shall make every reasonable effort to identify,locate and interview such person who has moved so that hisrelocation needs can be determined.

2. [§ 314] Relocation Records

Based on information obtained during interviews andfrom other sources as applicable, the Agency shall prepareand maintain an accurate relocation record for each personto be displaced. The record shall contain a description ofthe pertinent characteristics of the persons to bedisplaced and the assistance deemed to be necessary. Adisplaced person (or any person authorized in writing bysuch person) shall have the right to inspect such documentscontaining information relating to him to the extent and inthe manner provided by law.

3. [§ 315] Updating Information

In the event of delay of more than one year in therelocation of eligible persons occupying a parcel of realproperty with respect to which the Agency has initiatednegotiations for acquisition, information pertaining to therelocation needs of such persons shall be undated prior toimplementation of the displacement. Eligible persons shallbe encouraged to bring any change in their needs to theattention of the Agency.

D. [§ 316] Relocation Site Office

The Agency may, as it deems necessary, establish asite office which is accessible to all area residents andbusinesses who may be displaced to provide relocationassistance. Any such office shall be staffed with trainedand/or experienced relocation personnel. Office hoursshall be scheduled to accommodate persons unable to visitthe office during normal business hours. The Agency mayalso make provision for meeting with displaced persons intheir homes or places of business.

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E. [§ 317] Contracting for Relocation Services

The Agency may enter into a contract with anyindividual, firm, association, corporation or governmentalagency having an established organization for conductingrelocation assistance programs, for the purpose ofproviding relocation advisory assistance.

F. [§ 318] Coordination of Relocation Assistance

The Agency shall coordinate its relocation assistanceprogram with other work necessitating displacement ofpersons, and with activities of other public entities inthe City or nearby areas, for the purpose of planningrelocation activities and coordinating the availability ofreplacement dwelling resources in the implementation of theAgency's relocation assistance program.

IV. [§ 400] RELOCATION PLANS

A. [§ 401] Overall Relocation Plan

1. [§ 402] Contents of Plan

a. [§ 403] Report to City Council

As part of the Agency's report to City Councilsubmitted in connection with the adoption of aredevelopment plan for any redevelopment project area, theAgency shall prepare a feasible method or plan for therelocation of all of the following:

(1) Families and persons to betemporarily or permanentlydisplaced from housing facilitiesin the project area; and

(2) Nonprofit local communityinstitutions to be temporarily orpermanently displaced fromfacilities actually used forinstitutional purposes in theproject area.

The method or plan shall show that there are or arebeing provided in the redevelopment project area, or inother areas, comparable replacement dwellings equal in

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number to the number of and available to families andpersons displaced from dwellings in the redevelopmentproject area. The method or plan shall also show thatpermanent housing facilities will be available within threeyears from the time occupants of the redevelopment projectarea are displaced and that pending the development of suchfacilities there will be available to such displacedoccupants adequate temporary housing facilities at rentscomparable to those in the City at the time of theirdisplacement.

The method or plan shall provide that no persons orfamilies of low or moderate income shall be displacedunless and until there is a suitable housing unit availableand ready for occupancy by such displaced person or familyat rents comparable to those at the time of theirdisplacement. Such housing units shall be suitable to theneeds of such displaced persons or families and must bedecent, safe, sanitary, and otherwise standard dwellings.

The Agency may also provide in such report to CityCouncil a feasible method or plan for the relocation ofbusinesses to be temporarily or permanently displaced fromfacilities in the project area.

Plans prepared pursuant to this Section shall beprovided to the Department upon request to be reviewed bythe Department.

b. [§ 404] Additional Plan Elements

In addition to the plan elements referred to inSection 403, the Agency shall prepare and maintain as partof its Overall Relocation Plan the following information:

(1) A detailed description of therelocation advisory servicesprogram, including specificprocedures for locating andreferring eligible persons tocomparable replacement dwellings;

(2) A description of the relocationpayments to be made and a plan fordisbursement;

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(3) Standard information statement(s)to be sent to all persons to bedisplaced;

(4) A description of relocation officeoperation procedures;

(5) Plans for citizen participation;

(6) An enumeration of coordinationactivities undertaken with otherdisplacing agencies and socialservice agencies;

(7) A formal grievance procedure foruse by displaced persons seekingadministrative review of Agencydeterminations.

2. [§ 405] Procedure for Preparation

The method or plan for relocation prepared pursuant toSection 403 shall accompany each redevelopment plansubmitted by the Agency to the City Council as required bySection 33352 of the California Community RedevelopmentLaw.

With respect to redevelopment projects adopted afterthe effective date of these Rules and Regulations, theadditional plan elements required by Section 404 shall beprepared, reviewed and approved by the Agency concurrentlywith such method or plan. With respect to redevelopmentprojects adopted prior to the effective date of these Rulesand Regulations, such additional plan elements shall beprepared, reviewed and approved by the Agency within 120days of such effective date.

B. [§ 406] Supplemental Relocation Plans

1. [§ 407] Required Generally

As soon as practicable following the initiation ofnegotiations to acquire a parcel of real property in anydisplacement area required for site improvements,disposition and development agreements, participationagreements or any other activity in implementing aredevelopment plan that will result in displacement, the

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Agency shall prepare a Supplemental Relocation Plan. Whenthe Agency's action will only result in an insignificantamount of non-residential displacement, or residentialdisplacement will not exceed 15 households, the Agency isnot required to prepare such a Supplemental RelocationPlan.

2. [§ 408] Contents of Plan

The Supplemental Relocation Plan for an implementationactivity shall contain the following elements:

(1) A diagrammatic sketch of thedisplacement area;

(2) Projected dates of displacement;

(3) An analysis of the aggregaterelocation needs of all persons tobe displaced, including ananalysis of replacement dwellingneeds in accordance with Section409;

(4) An analysis of replacementdwelling resources, in accordancewith Section 410, based upon asurvey of available comparablerelocation resources initiatedwithin 60 days followinginitiation of negotiations;

(5) A detailed explanation as to howthe aggregate relocation needs ofall persons to be displaced are tobe met;

(6) A cost estimate for carrying outthe Supplemental Relocation Planand identification of the sourceof necessary funds;

(7) A detailed plan by which any lastresort housing is to be provided,in accordance with Section 411;

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(8) Temporary relocation plans, ifany;

(9) Additional information or dataregarding any plan elementprepared pursuant to Section 401,as necessary to address suchrelocation aspects of theimplementation activity notpreviously considered in theOverall Relocation Plan.

a. [§ 409] Analysis of ReplacementDwelling Needs

A written analysis of replacement dwelling needs shallbe prepared. It shall be prepared in sufficient detail toenable determination of the availability for all potentialdisplacees of housing which meets the standards set forthin the definition of comparable replacement dwelling.

The written analysis of replacement dwelling needsshall include:

(1) Separate information concerninghomeownership and rental units;

(2) The number of units identified bycost for each size category;

(3) Needs of elderly and handicappedhouseholds shown separately,including information on thenumber of such householdsrequiring special facilities andthe nature of such facilities;

(4) Description of the locationalcharacteristics of thedisplacement area neighborhoodscorresponding to the requirementsof comparable replacementdwellings;

(5) Information concerning proximityto present employment sources,medical and recreational

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facilities, parks, communitycenters, shopping, transportationand schools;

(6) Information concerning proximityto other relevant needs andamenities.

b. [§ 410] Analysis of ReplacementDwelling Resources

A written analysis of replacement dwelling resourcesshall be prepared in sufficient detail to enable adetermination of the availability for all potentialdisplacees of housing which meets the standard forcomparable replacement dwelling.

The written analysis of replacement dwelling resourcesshall include:

(1) Separate information concerninghomeownership and rental units;

(2) The number of units available bycost for each size category;

(3) Resources available to meet theneeds of elderly and handicappedhouseholds shown separately,including information on thenumber of units with specialfacilities and the nature of suchfacilities;

(4) Description of the locationalcharacteristics of theneighborhoods in the survey area(established pursuant to Sections503-505 below) corresponding tothe requirements of comparablereplacement dwellings;

(5) Information concerning proximityto present employment sources(with the consent of the displacedperson a potential employer may besubstituted), medical and

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recreational facilities, parks,community centers, shopping,transportation and schools;

(6) Information concerning proximityto other relevant needs andamenities.

c. [§ 411] Method of Providing Last Resort Housing

If the Agency determines to use its funds or the fundsauthorized for the project to provide last resort housing,the Agency shall, as part of the Supplemental RelocationPlan, prepare a plan for producing such last resorthousing. The Plan shall specify:

(1) How, when and where the housingwill be provided;

(2) How the housing will be financedand the amount of funds to bediverted to such housing;

(3) The prices at which the housingwill be rented or sold to thefamilies and individuals to bedisplaced;

(4) The arrangements for housingmanagement and social services, asappropriate;

(5) The suitability of the locationand environmental impact of theproposed housing;

(6) The arrangements for maintainingrent levels appropriate for thepersons to be rehoused;

(7) The disposition of proceeds forrental, sale or resale of suchhousing;

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(8) Any referendum or zoningrequirements and the appropriateprocedures to be followed.

The Agency may consult or contract with theDepartment, a local housing authority or other agency ororganization having experience in the administration orconduct of housing programs to provide technical assistanceand advise in the development of the plan for last resorthousing.

d. [§ 412] Information Required

The Supplemental Relocation Plan shall containsufficient facts to show that:

(1) Fair and reasonable relocationpayments will be provided toeligible persons as required bystate law and these Rules andRegulations;

(2) A relocation advisory assistanceprogram will be established inconformance with state law andthese Rules and Regulations;

(3) Eligible persons will beadequately informed of theassistance, benefits, policies,practices and procedures,including grievance procedures,provided for by state law andthese Rules and Regulations;

(4) Based upon recent survey andanalysis of both the housing needsof persons who will be displacedand available replacement housingand considering competing demandsfor that housing, comparablereplacement dwellings will beavailable, or provided, ifnecessary, within a reasonableperiod of time prior todisplacement sufficient in number,

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size and cost for the eligiblepersons who require them;

(5) Adequate provisions have been madeto provide orderly, timely, andefficient relocation of eligiblepersons to comparable replacementdwellings available without regardto race, color, religion,ancestry, national origin, sex,sexual orientation and maritalstatus, with minimum hardship tothose affected;

(6) A relocation plan meeting therequirements of state law andthese Rules and Regulations hasbeen prepared;

(7) The necessary relocation resourceswill be available as required;

(8) With respect to the acquisition ofreal property, to the greatestextent practicable, adequateprovisions have been made to beguided by the applicableprovisions of state law and theseRules and Regulations.

3. [§ 413] Review of Supplemental RelocationPlan

The Supplemental Relocation Plan for an implementationactivity shall be submitted to the Project Area Committeefor review and comment. The Project Area Committee shallhave 30 calendar days following receipt of the plan toprepare and submit written comments to the Agency. TheAgency Board shall review and consider the informationcontained in each Supplemental Relocation Plan prior todisplacing persons in connection with the redevelopmentplan implementation activity for which the SupplementalRelocation Plan was prepared.

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C. [§ 414] Conformance to General Plan

Relocation plans prepared by the Agency in accordancewith Section 400 shall be consistent with the HousingElement of the City's General Plan.

D. [§ 415] Update of Relocation Plans

In the event of delay of more than one year in theimplementation of a Supplemental Relocation Plan preparedby the Agency, such Supplemental Relocation Plan shall beupdated prior to its implementation. In addition theAgency shall maintain its Overall Relocation Plan in amanner to reflect current law, procedures, andcircumstances.

V. [§ 500] ASSURANCE OF COMPARABLE REPLACEMENT DWELLING

A. [§ 501] Requirement Generally

No displaced resident shall be required to move fromhis or her dwelling because of its acquisition by theAgency, unless comparable replacement housing is availableto the person. The foregoing shall not apply to adisplaced resident who owns the dwelling being acquired,who agrees with the Agency in writing to remain inoccupancy of the acquired dwelling, as provided in Section606b below.

The Agency shall assure that, within a reasonableperiod of time prior to displacement, to the extent that itcan be reasonably accomplished, there will be availablecomparable replacement dwellings equal in number to thenumber of displaced residents who require such dwellings.In any event, permanent housing facilities (comparablereplacement dwellings) shall be made available within threeyears from the time residents are displaced and pending thedevelopment of such facilities there shall be available tosuch displaced residents adequate temporary housingfacilities.

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B. [§ 502] Procedure for Identifying ComparableReplacement Dwellings

1. [§ 503] Survey of Available ReplacementDwellings

As soon as practicable following the initiation ofnegotiations to acquire a parcel of real property theAgency shall initiate a survey of available comparablereplacement dwellings. If a recent survey that providesthe information identified in Section 504 is not available,the Agency shall conduct a survey of the housing market.If a recent survey is available, but it does not reflectmore recent, significant changes in housing marketconditions, the survey shall be updated or it shall not berelied upon. In the event of delay in carrying out theimplementation activity to which the survey pertains, thesurvey shall be updated at least annually.

2. [§ 504] Information to be Obtained

a. [§ 505] Survey Area

The survey area shall be reasonably related to thedisplacement area and to the needs and preferences of thepersons to be displaced. The survey area shall haverelevant characteristics specified for comparablereplacement dwellings which equal or exceed those of theneighborhood from which persons are to be displaced.

b. [§ 506] Gross Number of ComparableReplacement Dwellings

(1) [§ 507] Standard Generally

Only dwelling units which satisfy the standards ofcomparable replacement dwellings, including the locationalcriteria, shall be counted as a relocation resource.

(2) [§ 508] Uncompleted NewConstruction orRehabilitation

Uncompleted new construction or rehabilitation shallonly be counted toward the gross number of comparablereplacement dwellings if there is a substantial likelihoodthat the dwelling units will be available when needed and

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at housing prices or rental costs within the financialmeans of the prospective occupants.

(3) [§ 509] Publicly SubsidizedHousing

Publicly subsidized housing, as defined pursuant toArticle XXXIV of the California Constitution and Sections37000 through 37002 of the Health and Safety Code, shallonly be counted toward the gross number of comparablereplacement dwellings if it reasonably can be establishedthat:

(a) The dwelling units will be available when needed;

(b) The governmental bodyproviding the subsidy hasmade, in writing, areasonably binding commitmentof assistance;

(c) The dwelling units have beeninspected and determined tobe decent, safe and sanitaryand the income ceilings, rentranges and age restrictions,if any, have been considered;

(d) The number of dwelling unitsavailable in the City exceedsthe number of households inneed of the dwelling units,provided however that thisrequirement shall not applywhen:

i) the Agency or anotherpublic entity undertakesto provide such publiclysubsidized housingspecifically as arelocation resource; or

ii) the Agency establishesthat such publiclysubsidized housing will

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be replaced by lastresort housing withinfour years. Toestablish that lastresort housing will bedeveloped as requiredthe Agency must havesite control withpermissive zoning,preliminary plans andconditional commitmentsfor subsidy andfinancing, or theequivalent, and mustidentify ownership;

(e) With respect to uncompletednew construction orrehabilitation, such publiclysubsidized dwelling units arebeing subsidized to providerelocation resources.

c. [§ 510] Adjustment for ConcurrentDisplacement

The gross number of comparable replacement dwellingsin the survey area shall be discounted to reflectconcurrent displacement by the federal government and itsagencies, including federally assisted projects, as well asdisplacement by other public entities.

d. [§ 511] Adjustment for Housing Turnover

The gross number of comparable replacement dwellingsin the survey area shall be discounted to reflect theextent to which turnover exists. Turnover is the dynamicoperation by which occupancy changes occur within astanding inventory of dwelling units over a period of timeand theoretically could occur in the complete absence ofvacancies on a person to person basis. Turnover may not becounted as an available housing resource.

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3. [§ 512] Review of Survey Results

When more than 15 households will be displaced,results of the survey of comparable replacement dwellingsshall be submitted for review to local housing, developmentand planning agencies and shall be compared to otherexisting information on housing.

Notwithstanding the results of the survey ofcomparable replacement dwellings, if the demand for housingis such that there are no vacancies other than thosepermitted by turnover, the Agency may proceed to displaceresidents from dwellings, but only to the extent that theAgency obtains offers of comparable replacement dwellingsfor such residents in accordance with the provisions ofSection 513.

C. [§ 513] Offers of Replacement Dwellings

The Agency shall obtain at least three offers ofcomparable replacement dwellings for each displacedresident; provided that where the Agency determines that,due to special circumstances, three is not a reasonablenumber, fewer than three offers may be deemed sufficient tosatisfy the requirements of this Section. Such offersshall be in writing, in a language understood by thedisplaced resident.

The Agency's obligation to obtain a comparablereplacement dwelling for any displaced resident shall bedeemed to be satisfied if such resident is offered andrefuses without justification, the number of specificallyidentified comparable replacement dwellings provided for inthis Section.

D. [§ 514] Temporary Move

1. [§ 515] Use of Temporary Replacement Housing

The Agency may relocate displaced residents totemporary replacement housing under the conditions providedin Section 514. Such housing shall meet the standards ofan adequate replacement dwelling. Adequate replacementdwelling means a dwelling which meets all of the criteriafor a comparable replacement dwelling, except that withrespect to the number of rooms, habitable living space and

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type of construction the dwelling need be only adequate,not comparable. A replacement dwelling is an adequatereplacement dwelling if it conforms to the occupancystandards of the Agency, as they presently exist or as theymay be amended from time to time. A copy of the Agency'soccupancy standards is on file in the office of the Agency.

The Agency shall minimize, to the greatest extentfeasible, the use of temporary replacement housing.Temporary replacement housing may be used, among otherappropriate times, when a project plan anticipates movesback into completed project accommodations.

Notwithstanding the provision that permanent housingfacilities may be made available at any time within threeyears from the time residents are displaced, to the extentreasonably practicable, the Agency shall not rely upontemporary replacement housing if comparable replacementdwellings will not be available to the displaced residentwithin 12 months of the date of the temporary move. Thedisplaced resident may agree to extend the 12 monthlimitation.

2. [§ 516] Relocation Assistance and Payments

The Agency shall provide displaced residents who moveto temporary replacement housing with relocationassistance, services and benefits designed to achievepermanent relocation of such residents into comparablereplacement dwellings.

3. [§ 517] Assurance Prior to Temporary Move

Prior to any temporary move, the Agency shalldetermine and provide written assurance to each displacedresident that:

a. Comparable replacement dwellings willbe made available at the earliestpossible time, and to the extentreasonably practicable no later than 12months from the date of the move to thetemporary replacement housing;

b. Comparable replacement dwellings willbe made available, on a priority basis,

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to the individual or family who hasbeen temporarily rehoused;

c. The move to temporary replacementhousing will not affect a claimant'seligibility for a replacement housingpayment nor deprive him of the samechoice of replacement dwelling unitsthat would have been made available hadthe temporary move not been made andthe costs of a temporary move will notbe considered as all or a part ofrelocation payments to which adisplaced resident is entitled;

d. If a project plan anticipates movesback into housing accommodations in theproject area, the resident who has beentemporarily displaced will be givenpriority opportunity to obtain suchhousing accommodations;

e. The Agency will pay all costs inconnection with the move to temporaryreplacement housing, includingincreased housing costs.

E. [§ 518] Provision of Last Resort Housing

1. [§ 519] Authorization; MethodsIf a program or project undertaken by the Agency

cannot proceed on a timely basis because comparablereplacement dwellings are not available, and the Agencydetermines that such housing cannot otherwise be madeavailable, the Agency shall take any actions necessary orappropriate to provide the dwellings by use of fundsauthorized for the project. This Section shall beconstrued to authorize the Agency to exceed the maximumamounts which may be paid under Sections 604 and 614 on acase-by-case basis for good cause as determined by theAgency in a Supplemental Relocation Plan prepared pursuantto Section 411. Where the Agency is undertaking a projectwith funds administered by a state agency or board, thedetermination of payments to be made pursuant to thisSection shall be pursuant to these Rules and Regulations.

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The Agency may expend funds and take such otheractions as necessary to provide, rehabilitate, or constructlast resort housing pursuant to an approved plan for lastresort housing through methods including but not limited tothe following:

a. A replacement housing paymentcalculated in accordance with theprovisions of Sections 604 or 614, asappropriate, even if the calculation isin excess of the monetary limits ofGovernment Code Sections 7263 and 7264.A rental assistance payment under thisSection shall be paid to the displacedperson in a lump sum, or at thediscretion of the Agency, $5,250 shallbe paid to the displaced person in alump sum upon displacement and theremainder of the payments shall be paidto the displacee in periodic paymentsover a period not to exceed 42 (or 48as applicable) months unless otherwisespecified by statute;

b. Major rehabilitation of and/oradditions to an existing replacementdwelling in a sum equal to or greaterthan the payment to which the displacedperson is entitled under Section 519a;

c. The construction of a new replacementdwelling in a sum equal to or greaterthan the payment to which the displacedperson is entitled under Section 519a;

d. The relocation and, if necessary,rehabilitation of a dwelling;

e. The purchase of land/or a replacementdwelling by the Agency and subsequentsale or lease to, or exchange with adisplaced person;

f. For purposes of accommodating the needsof handicapped persons, the removal ofbarriers to the handicapped;

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g. Transfer of funds to state and localhousing agencies;

h. Contract with organizations experiencedin the development of housing;

i. Provide housing subsidies as permittedby law.

Whenever practicable, the Agency shall utilize theservices of federal, state, or local housing agencies, orother agencies having experience in the administration orconduct of similar housing programs. Where severalagencies are administering programs resulting inresidential displacement, opportunities shall be sought forjoint development and financing to aggregate resources inorder most efficiently to provide last resort housing insufficient quantity to satisfy the aggregate needs of suchprograms.

2. [§ 520] Nondiscrimination; Affirmative Action

All contracts and subcontracts for the construction,rehabilitation or management of last resort housing shallbe let without discrimination as to race, color, religion,ancestry, national origin, sex, sexual orientation, maritalstatus or other arbitrary circumstance and pursuant to anaffirmative action program. The Agency shall encourageparticipation by minority persons in all levels ofconstruction, rehabilitation, planning, financing andmanagement of last resort housing. When the housing willbe located in an area of minority concentration, the Agencyshall seek to secure significant participation ofminorities in these activities. The Agency shall requirethat, to the greatest extent feasible, opportunities fortraining and employment arising in connection with theplanning, construction, rehabilitation and operation oflast resort housing be given to persons of low incomeresiding in the area of such housing and shall determineand implement means to secure the participation of smallbusinesses in the performance of contracts for such work.

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3. [§ 521] Conformity with Statutes and Regulations

The provision of last resort housing by the Agencyshall be in accord with the provisions of all applicablefederal and state non- discrimination laws and regulationsissued pursuant thereto.

4. [§ 522] Monitoring Housing Production

The Agency shall monitor the production of the lastresort housing to ensure that it is in accordance with theplan for last resort housing approved by the Agency.

5. [§ 523] Retention of Benefits upon Move toLast Resort Housing

The Agency shall not require a displaced resident toaccept last resort housing in lieu of the displacedresident's acquisition payment, if any, for the realproperty from which he is displaced or the relocationpayments for which he may be eligible.

F. [§ 524] Move to Substandard Dwelling Unit

The Agency shall inspect each replacement dwellingprior to the time a displaced resident occupies it. TheAgency shall not induce or encourage a displaced residentto acquire a dwelling which does not satisfy the standardsof a comparable replacement dwelling.

If a displaced resident occupies a dwelling unit towhich he is referred by the Agency and the dwelling unitdoes not satisfy the standard of a comparable replacementdwelling, the Agency shall offer to locate such a dwellingfor the displaced resident and to pay again all moving andrelated expenses.

If a displaced resident chooses not to move from asubstandard dwelling unit he has occupied, the displacedresident shall nevertheless be eligible to receiverelocation assistance and payments if one of the followingconditions is met:

1. If he occupied the substandard dwelling unitfollowing referral by the Agency; or

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2. If the rental or purchase of the substandarddwelling unit is the result of the Agency'sfailure to identify a reasonable number ofcomparable replacement dwellings; or

3. If the purchase of the substandard dwellingunit is not the result of the Agency'sreferral or failure to refer, when thesubstandard dwelling unit is brought intocompliance with the decent, safe andsanitary standard.

In the event the condition met is paragraph 3, anyreplacement housing payment shall be limited to the amountthat would be provided in connection with the purchase of asimilar, comparable replacement dwelling, or the sum of theactual costs of acquisition (including incidental expenses)and rehabilitation, whichever is less.

G. [§ 525] Waiver of Requirement for Replacement Dwelling Prior to Displacement

When immediate possession of the real property is ofcrucial importance and one of the following circumstancesexists, the Agency may require an eligible displacedresident to move from his dwelling before a comparablereplacement dwelling or temporary adequate replacementdwelling is available:

1. When displacement is necessitated by a majordisaster as defined in Section 102(2) of theHazard Mitigation and Relocation AssistanceAct of 1993 (42 U.S.C. 5121) and/or theCalifornia National Disaster Assistance Act;

2. During periods of national or stateemergency declared by the President orGovernor;

3. When any other emergency situation occurswhich requires the person to moveimmediately from the dwelling becausecontinued occupancy of the dwelling by theperson constitutes a substantial danger tothe health or safety of the person.

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Any waiver of the requirement for replacementdwellings prior to displacement shall be supported byappropriate findings and a determination of the necessityfor the waiver.

VI. [§600] RELOCATION PAYMENTS TO DISPLACED RESIDENTS

A. [§ 601] Payments Required

The Agency shall compensate a displaced resident forthe actual moving and related expenses the Agencydetermines to be reasonable and necessary, including theexpenses described in Section 602 or 603 and in Section 604or 614. A displaced resident who lives on his businessproperty may be eligible for both the payments described inthis Section 600 and the payments to a displaced businessprovided under Section 700. A person who moves from hisdwelling or who moves his personal property therefrombecause he is displaced by the Agency from other realproperty on which he conducts a business shall be eligibleonly for payments provided for under Section 602 or 603.

B. [§ 602] Actual Reasonable Moving Expenses

A displaced resident shall be compensated for theactual reasonable expense incurred in moving himself orherself, or his or her family; or his or her, or his or herfamily's personal property. In all cases the amount of apayment shall not exceed the reasonable cost ofaccomplishing the activity in connection with which a claimhas been filed.

The moving and related expenses for which claims maybe filed shall include:

1. Transportation of persons and property notto exceed a distance of 50 miles from thesite from which the resident was displaced,except where the Agency determines thatrelocation beyond such distance of 50 milesis justified;

2. Packing, crating, unpacking and uncratingpersonal property;

3. Such storage of personal property, for aperiod generally not to exceed 12 months, as

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determined by the Agency to be necessary inconnection with relocation;

4. Insurance of personal property while instorage or transit;

5. The reasonable replacement value of propertylost, stolen, or damaged (not through thefault of the displaced resident, his agentor employee) in the process of moving, whereinsurance covering such loss, theft ordamage is not reasonably available;

6. The cost of disconnecting, dismantling,removing, reassembling, reconnecting andreinstalling machinery, equipment or otherpersonal property not acquired by theAgency, including connection charges imposedby public utilities for starting utilityservice.

C. [§ 603] Alternate Payments

A displaced resident who is eligible for a payment foractual reasonable moving expenses may elect to receive, andshall be paid, in lieu of such payments, a moving expenseand dislocation allowance which shall be determinedaccording to a schedule established by the Agency. Theschedule shall be consistent with the Residential MovingExpense and Dislocation Allowance Payment Scheduleestablished by Part 24 of Title 49 of the Code of FederalRegulations.

D. [§ 604] Replacement Housing Payments for Displaced Homeowners

1. [§ 605] Amount of Payment

The Agency shall make to a displaced resident whomeets the eligibility requirements of Section 606 a paymentnot to exceed a combined total of $22,500 for:

a. The amount, if any, which when added tothe acquisition cost of the dwellingacquired for the project equals thereasonable cost of a comparablereplacement dwelling. This amount

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shall not exceed the difference betweenthe acquisition price of the acquireddwelling and the actual purchase priceof the replacement dwelling;

b. The amount, if any, to compensate thedisplaced resident for any increasedinterest costs which the displacedresident is required to pay forfinancing the acquisition of acomparable replacement dwelling. Thepayment shall not be made unless thedwelling acquired by the Agency wasencumbered by a bona fide mortgagewhich was a valid lien on the dwellingfor not less than 180 days immediatelyprior to the initiation of negotiationsfor acquisition of such dwelling.(This time requirement may be modifiedin accordance with the provisions ofSection 606a). All of the mortgages onthe acquired dwelling shall be used tocompute the payment;

c. Reasonable expenses incurred by thedisplaced resident incident to thepurchase of the replacement dwelling,but not including prepaid expenses;

d. The cost of rehabilitating a dwellingwhich does not satisfy the decent, safeand sanitary standard.

2. [§ 606] Eligibility

A displaced resident is eligible for a replacementhousing payment if such person satisfies the followingconditions:

a. Has actually owned and occupied thedwelling from which he is displaced asa permanent or customary and usualplace of abode for not less than 180days prior to the initiation ofnegotiations for acquisition of suchdwelling. If an owner satisfies allbut the 180 day requirement and can

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establish to the satisfaction of theAgency that he bought the dwelling withthe intention of making it his place ofresidence, that the move was notmotivated by a desire to receiverelocation assistance and benefits, andthat he neither knew nor should haveknown that public acquisition wasintended, the Agency may reduce therequirement as necessary.

b. Purchases and occupies a decent, safe,and sanitary replacement dwellingwithin one year from the later of:

(1) The date the displaced residentreceives final payment for thedisplacement dwelling, or in thecase of condemnation, the date thefull amount of estimated justcompensation is deposited incourt; or

(2) The date the Agency fulfills itsobligation to make available atleast one comparable replacementdwelling to the displacedresident.

However, the Agency may extend theperiod for good cause. Also, thedisplaced resident and the Agency mayagree in writing that the displacedresident may remain in occupancy of theacquired dwelling as a tenant of theAgency, on the conditions that thedisplaced resident shall only beentitled to the payment authorized bythis Section on the date on which theowner moves from the acquired dwelling,and the payment shall be an amountequal to that which the displacedresident would have been entitled ifthe displaced resident had purchasedand occupied a replacement dwelling oneyear subsequent to the date on which

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final payment was received for theacquired dwelling from the Agency.

c. Where for reasons beyond the control ofthe displaced resident completion ofconstruction, rehabilitation, orrelocation of a replacement dwelling isdelayed beyond the date by whichoccupancy is required, the Agency shalldetermine the date of occupancy to bethe date the displaced resident entersinto a contract for such construction,rehabilitation, or relocation or forthe purchase, upon completion, of adwelling to be constructed orrehabilitated, if, in fact thedisplaced resident occupies thereplacement dwelling when theconstruction or rehabilitation iscompleted. Where for reasons ofhardship or circumstances beyond thecontrol of the displaced resident, suchperson is unable to occupy thereplacement dwelling by the requireddate, the Agency may extend thedeadline as necessary. If by thedeadline the displaced person hascontracted to purchase a replacementdwelling, the Agency may extend thedeadline. No person otherwise eligiblefor payment shall be denied sucheligibility as a result of beingunable, because of a major state ornational disaster, to meet theoccupancy requirements containedherein.

In implementing the Relocation Assistance Law, it isthe intent that special consideration be given to thefinancing and location of a comparable replacement dwellingfor displaced residents 62 years of age or older.

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3. [§ 607] Computation of Replacement HousingPayment

a. [§ 608] Reasonable Cost of ComparableReplacement Dwelling

In determining the reasonable cost of a comparablereplacement dwelling, the Agency shall use one of thefollowing methods:

(1) Comparative Method. On a case bycase basis by determining thelisting price of dwellings whichhave been selected by the Agencyand which are most representativeof the acquired dwelling unit andmeet the definition of acomparable replacement dwelling.Whenever possible the listingprice of at least three dwellingsshall be considered; or

(2) Schedule Method. Where the Agencydetermines the comparative methodis not feasible, it may establisha schedule of reasonableacquisition costs for the varioustypes of comparable replacementdwellings. The Agency shallcooperate with other entitiescausing displacement in the areato establish a uniform schedule.The schedule shall be based on acurrent analysis of the market todetermine a reasonable cost foreach type of dwelling to bepurchased. The analysis may beconfined to the sub-area fromwhich persons are displaced or maycover several different sub-areas,if they satisfy or exceed thecriteria for a comparablereplacement dwelling. To assurethe greatest comparability ofdwellings in any analysis, theanalysis shall be divided intoclassifications of the type of

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construction, number of bedrooms,and price ranges; and

(3) Alternative Method. Where theAgency determines that neither theschedule method nor thecomparative method is feasible ina given situation, it may useanother reasonable method selectedby the Agency.

Whichever method is selected, the cost shall beupdated to within three months of the date of purchase ofthe replacement dwelling.

b. [§ 609] Increased Interest Cost

The amount of increased interest cost shall becomputed using the lesser of the principal balance of themortgage on the replacement dwelling or the outstandingprincipal balance of the mortgage on the acquired dwellingand the lesser of the remaining term on the acquireddwelling or the actual term of the new mortgage. Thepresent value of the increased interest costs shall becomputed based on the lesser of the prevailing interestrate or the actual interest rate on the replacementproperty. The amount shall also include other reasonabledebt service costs incurred by the displaced resident. Forthe purposes of this Section 609, if the replacementdwelling is a mobile home, the term “mortgage,” as definedin Section 227, shall include those liens as are commonlygiven to secure advances on, or the unpaid purchase priceof, mobile homes, together with the credit instruments, ifany, secured thereby.

c. [§ 610] Expenses Incident to the Purchase of the Replacement Dwelling

The replacement housing payment shall include theamount necessary to reimburse the displaced resident foractual costs incurred by him incident to the purchase ofthe replacement dwelling, including but not limited to thefollowing:

(1) Legal, closing, and related costsincluding title search, preparing

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conveyance contracts, notary fees,surveys, preparing drawings orplats, and charges paid incidentto recordation;

(2) Lender, FHA, VA or similarappraisal costs;

(3) FHA, VA, or similar applicationfee;

(4) Cost for certification ofstructural soundness;

(5) Credit report charges;

(6) Charge for owner's and mortgagee'sevidence or assurance of title;

(7) Escrow agent's fee;

(8) Sales and transfer taxes.

Payment for any such expenses shall not exceed theamount attributable to the purchase of a replacementdwelling. Such expenses shall be reasonable and legallyrequired or customary in the City.

Reimbursement shall not be made under the provisionsof this Section for any fee, cost, charge, or expense whichis determined to be a part of the debt service or financecharge under Title I of the Truth in Lending Act andRegulation Z issued pursuant thereto by the Board ofGovernors of the Federal Reserve System. Any such sumshould be considered in the determination of increasedinterest cost.

4. [§ 611] Multi-Family Dwelling

In the case of a displaced homeowner who is requiredto move from a one-family unit of a multi-family buildingwhich he owns, the replacement housing payment shall bebased on the cost of a comparable one-family unit in amulti-family building of approximately the same density or,if that is not available, in a building of the next lessdensity, or, if a comparable one-family unit in such a

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multi-family building is not available, the cost of anyotherwise comparable single-family structure.

5. [§ 612] Homeowner Retention of Dwelling

If a displaced homeowner elects to retain, move, andoccupy his dwelling, the amount payable as the replacementhousing payment is the difference between the acquisitionprice of the acquired property and the sum of the movingand restoration expenses, the cost of correcting decent,safe, and sanitary deficiencies, if any, and the actualpurchase price of a comparable relocation site. Thepayment shall not exceed the amount of the replacementhousing payment to which the homeowner would otherwise beentitled.

6. [§ 613] Lease of Condominium

For the purpose of this Section 604, the leasing of acondominium for a 99-year period, or for a term whichexceeds the life expectancy of the displaced resident asdetermined by the most recent life tables in VitalStatistics of the United States, as published by the PublicHealth Service of the Department of Health, Education andWelfare, shall be deemed a purchase of the condominium.

E. [§ 614] Replacement Housing Payments for Tenants and Certain Others

1. [§ 615] Amount of Payment

The Agency shall make to a displaced resident whomeets the eligibility requirements of Section 616 a paymentnot to exceed $5,250 for:

a. An amount necessary to enable theperson to lease or rent a comparablereplacement dwelling for a period notto exceed 42 months, unless thedisplaced person meets one or more ofthe conditions set forth in paragraph 3of Section 208, in which case thepayment, which shall not exceed $5,250,shall be the additional amount which isnecessary to enable the person to leaseor rent a comparable replacementdwelling for a period not to exceed 48

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months; except that publicly fundedtransportation projects shall makepayments enabling the person to leaseor rent a comparable replacementdwelling for a period not to exceed 42months, including compensation forutilities, as provided in subdivision(b) of Section 24.402 of Part 24 ofTitle 49 of the Code of FederalRegulations; or

b. An amount necessary to enable suchperson to make a downpayment on thepurchase of a decent, safe, andsanitary replacement dwelling(including incidental expensesdescribed in Section 610).

2. [§ 616] Eligibility

A displaced resident is eligible for a replacementhousing payment if such person satisfies the followingconditions:

a. Has actually and lawfully occupied thedwelling as a permanent or customaryand usual place of abode from which theresident is displaced for a period ofnot less than 90 days prior to theinitiation of negotiations foracquisition of the dwelling, or in anycase in which displacement is not adirect result of acquisition, to anyother event which the Agency shallprescribe. If a resident satisfies allbut the 90-day requirement and canestablish to the satisfaction of theAgency that he occupied the dwellingwith the intention of making it hisplace of residence, that the move wasnot motivated by a desire to receiverelocation assistance and benefits andthat he neither knew nor should haveknown that public acquisition wasintended, the Agency may reduce therequirement as necessary.

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b. Is not eligible to receive areplacement housing payment forhomeowners or elects not to receivesuch payment. Where the displacedresident is the owner-occupant of thedwelling for at least 90 days but notmore than 180 days immediately prior tothe initiation of negotiations for theacquisition of the dwelling, thepayment made under Section 615b shallnot exceed the amount of payment towhich the resident would be entitledunder Section 604.

c. The displaced resident shall within oneyear from the date of displacement rentor purchase (as the case may be) andoccupy a replacement dwelling. Wherefor reasons beyond the control of thedisplaced resident completion ofconstruction, rehabilitation, orrelocation of a replacement dwelling isdelayed beyond the date by whichoccupancy is required, the Agency shalldetermine the date of occupancy to bethe date the displaced resident entersinto a contract for such construction,rehabilitation, or relocation or forrental or purchase, upon completion, ofa dwelling to be constructed orrehabilitated, if, in fact, thedisplaced person occupies thereplacement dwelling when theconstruction or rehabilitation iscompleted. Where for reasons ofhardship or circumstances beyond thecontrol of the displaced resident, suchperson is unable to occupy thereplacement dwelling by the requireddate, the Agency may extend thedeadline as necessary. If, by thedeadline, the displaced person hascontracted to rent or purchase areplacement dwelling, the Agency willextend the deadline. No personotherwise eligible for payment shall bedenied such eligibility as a result of

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his being unable, because of a majorstate or national disaster, to meet theoccupancy requirements containedherein.

In implementing the Relocation Assistance Law, it isthe intent that special consideration shall be given toassisting any displaced resident 62 years of age or olderto locate or lease or rent a comparable replacementdwelling.

3. [§ 617] Computation of Replacement HousingPayment

a. [§ 618] Rent Differential Payment

The amount of payment necessary for a displacedresident to lease or rent a comparable replacement dwellingshall be computed by subtracting 42 (or 48 as applicable)times the base monthly rental of the displaced resident,from 42 (or 48 as applicable) times the monthly rental fora comparable replacement dwelling; provided, that in nocase may such amount exceed the difference between 42 (or48 as applicable) times the base monthly rental and 42 (or48 as applicable) times the monthly rental actuallyrequired for the replacement dwelling occupied by thedisplaced resident.

(1) Base Monthly Rental. The base monthly rental shall be the lesserof:

(a) the average monthly rentalpaid by displaced residentfor the 3-month period priorto initiation ofnegotiations; or

(b) 30 percent (or 25 percent asapplicable) of the displacedresident's average monthlyincome.

Where the displaced resident wasthe owner of the dwelling fromwhich he was displaced or was notrequired to pay rent for that

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dwelling, or where the rental wasunrealistically low, the economicrent shall be used in lieu of theaverage monthly rental tocalculate base monthly rental.

(2) Rental for Comparable ReplacementDwelling. The monthly rental fora comparable replacement dwellingshall be determined by the Agencyusing one of the followingmethods:

(a) Comparative Method. On acase by case basis bydetermining the listingrental of dwellings which aremost representative of theacquired dwelling and meetthe definition of acomparable replacementdwelling. Whenever possiblethe listing rental of atleast three dwellings shallbe considered; or

(b) Schedule Method. Where theAgency determines thecomparative method is notfeasible, it may establish aschedule of reasonable rentalcharges for the various typesof comparable replacementdwellings. The Agency shallcooperate with other entitiescausing displacement in thearea to establish a uniformschedule. The schedule shallbe based on a currentanalysis of the market todetermine a reasonable rentalcharge for each type ofdwelling to be rented. Theanalysis may be confined tothe subarea from which thepersons are displaced or maycover several different

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subareas, if they satisfy orexceed the criteria for acomparable replacementdwelling. To assure thegreatest comparability ofdwellings in any analysis,the analysis shall be dividedinto classifications of thetype of construction, numberof bedrooms, and range ofrental charges; or

(c) Alternative Method. Wherethe Agency determines thatneither the schedule method,nor the comparable method isfeasible in a givensituation, it may use anotherreasonable method selected bythe Agency.

Whichever method is selected, the cost shall beupdated to within three months of the date of rental of thereplacement dwelling.

In calculating the base monthly rental and the rentalfor a comparable replacement dwelling the Agency willinclude as a component of rent the cost or estimated costof utilities, but not including telephone service.

Computation of a payment under this Section to a low-income displaced resident for a comparable replacementdwelling shall take into account the person's income.

b. [§ 619] Downpayment

The downpayment for which a payment specified inSection 615b may be made shall not exceed the amount of areasonable downpayment for the purchase of a comparablereplacement dwelling where such purchase is financed, plusexpenses incident to the purchase of a replacement dwellingcomputed in accordance with Section 610. The full amountof a downpayment shall be applied to the purchase of thereplacement dwelling and shall be shown on the closingstatement or other document acceptable to the Agency.

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4. [§ 620] Rental Payments for Displaced Homeowners and Dependents

a. [§ 621] Homeowners

A displaced homeowner who elects to rent rather thanpurchase a replacement dwelling and who meets theeligibility requirements of Section 616 is eligible for therent differential payment specified in Section 615a.

b. [§ 622] Dependents

A dependent who is residing separate and apart fromthe person or family providing support, whether suchseparate residence is permanent or temporary, shall beentitled to payment under Section 614, but such paymentshall be limited to the period during which the displaceddependent resides in the replacement dwelling. For thepurposes of this Section “dependent” shall be a person whoderives 51 percent or more of his income in the form ofgifts, from any private person or any academic scholarshipor stipend. Full time students shall be presumed to bedependents but may rebut this presumption by demonstratingthat 50 percent or more of their income is derived fromsources other than gifts from another private person oracademic scholarship or stipends.

Dependents residing with the family of which they area part shall not be entitled to any payment except as apart of the family.

F. [§ 623] Payments to Residents Displaced from Manufactured Homes and Mobilehomes

1. [§ 624] Payment Required

The eligibility requirements and payment provisions ofSection 600 are applicable to displaced residents who areowners or tenants of manufactured homes or mobilehomes.

2. [§ 625] Moving Expenses: Retention and Move of Manufactured Home or Mobilehome

If a manufactured home or mobile home is moved toanother site and the displaced resident elects to becompensated for actual reasonable moving expenses (and not

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an alternate payment pursuant to Section 603), then thedisplaced resident shall be paid an amount for movingexpenses determined in accordance with the applicableprovisions of Section 703, Actual Reasonable MovingExpenses for a displaced business.

3. [§ 626] Replacement Housing Payments

The Agency shall make a replacement housing payment toa displaced resident who is displaced from his manufacturedhome or mobilehome in the following situations:

a. A resident who owns a manufactured homeor mobilehome and site and as areplacement purchases both a dwellingand site shall be provided a payment inaccordance with Section 604. Aresident who owns a manufactured homeor mobilehome and site, and as areplacement rents both a dwelling andsite, shall be provided a payment inaccordance with Section 614.

b. A resident who rents a manufacturedhome or mobilehome and site and as areplacement rents or purchases adwelling and site, shall be provided apayment in accordance with Section 614.

c. A resident who owns a manufactured homeor mobilehome and site, and as areplacement purchases a dwelling andrents a site, shall be provided apayment in accordance with Section 604and 614. The payment shall be limitedto the lesser of:

(1) The amount necessary to purchasea conventional comparablereplacement manufactured home ormobilehome; and

(2) The amount necessary to purchase areplacement manufactured home ormobilehome (in accordance withSection 604) plus the amountnecessary to rent a replacement

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site (in accordance with Section614). In calculating this amount,the economic rent for the siteshall be used in lieu of averagemonthly rental to determine basemonthly rental.

d. A resident who owns a site from whichhe moves a manufactured home ormobilehome shall be provided a paymentunder Section 604 if he purchases areplacement site and under Section 614if he rents a replacement site.

e. A resident who owns a manufactured homeor mobilehome which is acquired andrents the site shall be providedpayment as follows:

(1) If a manufactured home ormobilehome is not available theamount required to purchase aconventional replacement dwelling(in accordance with Section 604);

(2) The amount necessary to purchase areplacement manufactured home ormobilehome (in accordance withSection 604) plus the amountnecessary to lease, rent or make adown payment on a replacement site(in accordance with Section 614);or

(3) If he elects to rent a replacementmanufactured home or mobilehomeand site, the amount required todo so in accordance with Section614. In calculating this payment,the average monthly rental shallequal the economic rent for themanufactured home or mobilehomeplus the actual rent for the site.

f. Similar principles shall be applied toother possible combinations of

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ownership and tenancy upon which aclaim for payment might be based.

G. [§ 627] Proration of Payment

For the purpose of calculating an alternate paymentunder Section 603, or a replacement housing payment underSection 604 or 614, two or more individuals (whether theyare members of one family or not) living together in anddisplaced from a single dwelling shall be regarded as onedisplaced resident. If two or more such individuals submitmore than one claim, an eligible claimant for a payment maybe paid only his reasonable prorata share (as determined bythe Agency) of the total payment applicable to a singledisplaced resident. The total of the payments made to allsuch claimants moving from the dwelling unit shall notexceed the total payment allowed to be made to a singledisplaced resident.

Where a tenant is sharing a single-family dwellingwith an owner-occupant and paying the owner-occupant rentfor the privilege, the tenant shall not be entitled to morethan one-half of the replacement housing payment otherwisepayable. The owner-occupant shall not be required to sharethe payment to which he is entitled or to accept a proratedamount.

VII. [§ 700] RELOCATION PAYMENTS TO DISPLACED BUSINESSES

A. [§ 701] Payments Required

The Agency shall compensate the owner of a displacedbusiness for the actual moving and related expenses theAgency determines to be reasonable and necessary, includingthe expenses described in Section 702 or 706. Whenever theacquisition of real property used for a business causes thebusiness to move from other real property upon which thesame business is conducted, or to move its personalproperty therefrom, such business shall receive paymentsfor moving and related expenses under Section 702 inconnection with its move from such other real property.

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B. [§ 702] Moving Expenses; Loss of Property; Search Expenses

1. [§ 703] Actual Reasonable Moving Expenses

A displaced business shall be compensated for theactual reasonable expenses incurred for moving the businessincluding moving personal property. In all cases theamount of a payment shall not exceed the reasonable cost ofaccomplishing the activity in connection with which a claimhas been filed.

The moving and related expenses for which claims maybe filed shall include:

a. Transportation of persons and propertynot to exceed a distance of 50 milesfrom the site from which the businesswas displaced, except where the Agencydetermines that relocation beyond suchdistance of 50 miles is justified;

b. Packing, crating, unpacking, anduncrating personal property;

c. Such storage of personal property for aperiod generally not to exceed 12months, as determined by the Agency tobe necessary in connection withrelocation;

d. Insurance of personal property while instorage or transit;

e. The reasonable replacement value ofproperty lost, stolen, or damaged (notthrough the fault or negligence of thedisplaced business, its agents oremployee) in the process of moving,where insurance covering such loss,theft, or damage is not reasonablyavailable;

f. The cost of disconnecting, dismantling,removing, reassembling, reconnectingand reinstalling machinery, equipment,or other personal property (including

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goods and inventory kept for sale) notacquired by the Agency, includingconnection charges imposed by publicutilities for starting utility service;

g. The cost of modifying the machinery,equipment, or other personal propertyto adapt it to the replacement locationor to utilities available at thereplacement location or modifying thepower supply; claims for reimbursementof all such costs shall be subject tothe following limitations:

(1) The cost shall be directly relatedto displacement;

(2) Reimbursement costs shall bereasonable in amount;

(3) The cost could not be avoided orsubstantially reduced at analternate available and suitablesite to which the business wasreferred.

h. The cost of any license, permit, orcertification required by a displacedbusiness concern to the extent suchcost is necessary to thereestablishment of its operation at anew location;

i. The reasonable cost of any professionalservices (including but not limited toarchitects', attorneys', or engineers'fees, or consultants' charges)necessary for planning the move ofpersonal property, moving the personalproperty, or installation of relocatedpersonal property at the replacementsite;

j. Where an item of personal propertywhich is used in connection with anybusiness is not moved but is replacedwith a comparable item, reimbursement

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in an amount not to exceed the lesserof:

(1) The replacement cost of thepersonal property, minus netproceeds (if any) realized fromthe sale of all or part of theproperty, or

(2) The estimated reasonable cost ofmoving the personal property, asdetermined by the Agency.

In order to obtain a payment under this paragraph, thedisplaced business shall make a bona fide effort to sellthe personal property for which the payment is claimed atthe highest price offered after reasonable efforts havebeen made over a reasonable period of time to interestprospective purchasers. The displaced business shall bereimbursed for the reasonable costs of such effort to sellthe tangible personal property.

Where, in the judgment of the Agency, the cost ofmoving any item of personal property of low value and highbulk which is used in connection with any business would bedisproportionate in relation to its value, the allowablereimbursement for the expense of moving such property shallnot exceed the difference between the cost of replacing thesame with a comparable item available on the market and theamount which would have been received for such property onliquidation. This provision may in appropriate situationsbe applied to claims involving the moving of junkyards,stockpiles, sand, gravel, minerals, metals, and similarproperty.

A displaced business which conducts a lawful activityprimarily for assisting in the purchase, sale, resale,manufacture, processing, or marketing of products,commodities, personal property, or services by the erectionand maintenance of outdoor advertising displays is entitledto payment for the reasonable cost of moving such displaysor their in-place value, whichever is lesser.

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2. [§ 704] Actual Direct Losses of Tangible Personal Property

A displaced business shall be compensated for theactual direct losses of tangible personal property of thedisplaced business attributable to moving or discontinuingsuch business. The total amount of the payment by theAgency for such losses shall not exceed an amount equal tothe estimated reasonable cost of moving the personalproperty, as determined by the Agency. Subject to suchlimitation, the actual direct loss of personal property forwhich claims may be filed shall be determined by appraisingeither:

a. The in-use value (fair market value ofthe personal property for continued useat its location prior to displacement)minus net proceeds realized from thesale of all or part of the property; or

b. The in-use value of the personalproperty, in the event the propertycannot be sold and is abandoned.

The actual direct loss of personal property shall becomputed and based on the appraisal obtained by either theAgency or the displaced business, and approved by theother.

In order to obtain a payment for the actual directloss of personal property, the displaced business shallmake a bona fide effort to sell the personal property forwhich the loss is claimed at the highest price offeredafter reasonable efforts have been made over a reasonableperiod of time to interest prospective purchasers. Thereasonable cost of an effort to sell the personal propertyshall be added to the determination of loss under thisSection.

In the event personal property which is sold orabandoned is promptly replaced with a comparable item, nopayment for the actual direct loss of such personalproperty shall be made to the displaced business by theAgency; instead, the displaced business shall be paid theamount specified in Section 703j.

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3. [§ 705] Actual Reasonable Expenses in Searching for a Replacement Business

A displaced business shall be compensated in an amountnot to exceed $1,000, for actual reasonable expensesincurred in searching for a replacement business, includingexpenses incurred for:

a. Transportation;

b. Meals and lodging away from home;

c. Time spent in searching, based on anhourly rate of the salary or earningsof the displaced business owner or hisrepresentative;

d. Fees paid to a real estate agent,broker, or other professional to locatea replacement business.

4. [§ 705.5] Actual Reasonable Expenses to Reestablish a Small Business or NonprofitOrganization

A small business or nonprofit organization shall becompensated in an amount not to exceed $10,000, for actualreasonable expenses necessary to reestablish the smallbusiness or nonprofit organization at its new site.

Reestablishment expenses shall be only those expensesthat are reasonable and necessary and include, but are notlimited to:

a. Repairs or improvements to thereplacement property as required byfederal, state or local law, code orordinance;

b. Modifications to the replacementproperty to accommodate the businessoperation or make replacementstructures suitable for conducting thebusiness;

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c. Construction and installation costs forexterior signing to advertise thebusiness;

d. Provision of utilities from right-of-way to improvements on the replacementsite;

e. Redecoration or replacement of soiledor worn surfaces at the replacementsite, such as paint, panelling orcarpeting;

f. Licenses, fees and permits when notpart as part of moving expenses;

g. Feasibility surveys, soil testing andmarketing studies;

h. Advertisement of replacement location;

i. Professional services in connectionwith the purchase or lease of areplacement site;

j. Estimated increased costs of operationduring the first two years at thereplacement site for such items as:

(1) Lease or rental charges;

(2) Personal or real property taxes;

(3) Insurance premiums;

(4) Utility charges, excluding impactfees.

k. Impact fees or one-time assessments foranticipated heavy usage;

l. Other items essential to thereestablishment of the business.

For purposes of this Section the term “small business”shall mean a business having not more than 500 employeesworking at the site being acquired or displaced by a

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program or project, which site is the location of economicactivity. Sites occupied solely by outdoor advertisingsigns, displays, or devices do not qualify as a smallbusiness for purposes of this Section.

The following is a nonexclusive listing ofreestablishment expenditures not considered to bereasonable, necessary, or otherwise eligible:

(1) Purchase of capital assets, suchas, office furniture, filingcabinets, machinery, or tradefixtures;

(2) Purchase of manufacturingmaterials, production supplies,product inventory, or other itemsused in the normal course of thebusiness operation;

(3) Interior or exterior refurbishmentat the replacement site which arefor aesthetic purposes, except asprovided in paragraph (e) above inthis Section;

(4) Interest on money borrowed to makethe move or purchase thereplacement property;

(5) Payment to a part-time business inthe home which does not contributematerially to the householdincome.

C. [§ 706] Alternate Payments

1. [§ 707] Determination of Payments

a. [§ 708] Amount of Payment

A displaced business which moves or discontinues, andwhich meets the eligibility requirements of Section 710,may elect to receive and shall be paid, in lieu of thepayments for which it is otherwise entitled under Section702, a payment equal to the average annual net earnings ofthe business, except that such payment shall not be less

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than $1,000 nor more than $20,000. Said dollar limitationshall apply to a single business regardless of whether itis carried on under one or more legal entities. A personwhose sole business at a displacement dwelling is therental of the property to others shall not qualify for apayment under this Section. In regard to an outdooradvertising display, payment pursuant to this Section shallbe limited to the amount necessary to physically move orreplace that display.

b. [§ 709] Determination of Number of Businesses

In determining whether one or more legal entities, allof which have been acquired, constitute a single business,the following factors, among others, shall be considered:

(1) The extent to which the samepremises and equipment are shared;

(2) The extent to which substantiallyidentical or intimatelyinterrelated business functionsare pursued and business andfinancial affairs are commingled;

(3) The extent to which such entitiesare held out to the public, and tothose customarily dealing withsuch entities, as one business;

(4) The extent to which the sameperson or closely related personsown, control, or manage theaffairs of the entities.

2. [§ 710] Eligibility

a. [§ 711] Business (Other than Nonprofit Organization)

A displaced business (except a nonprofit organization)is eligible for the payment provided for in Section 708only if the Agency determines that:

(1) The business is not operatedsolely for rental purposes and

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cannot be relocated without asubstantial loss of its existingpatronage, based on aconsideration of all pertinentcircumstances including suchfactors as the type of businessconducted, the nature of theclientele, the relative importanceto the displaced business of itspresent and proposed location, andthe availability of a suitablerelocation site;

(2) The business is not part of acommercial enterprise having atleast one other establishment notbeing acquired, engaged in thesame or similar business.Whenever the sole remainingfacility of a business which hasbeen displaced from its principallocation:

(a) Has been in operation forless than two years; or

(b) Has had average annual grossreceipts of less than $2,000during the two taxable yearsprior to the displacement ofthe major component of thebusiness; or

(c) Has had annual net earningsof less than $1,000 duringthe two taxable years priorto the displacement of themajor component of thebusiness;

the remaining facility will not beconsidered another “establishment”for the purposes of this Section;

(3) The displaced business:

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(a) Had average annual grossreceipts of at least $5,000during the two taxable yearsprior to displacement; or

(b) Had average annual netearnings of at least $1,000during the two taxable yearsprior to displacement; or

(c) Contributed at least 33-1/3percent of the total grossincome of the owner(s) duringeach of the two taxable yearsprior to displacement; or

(d) If the application of (a),(b) and (c) above creates aninequity or hardship, theAgency may use other criteriaas permitted in Section24.306 of Part 24 of Title 49of the Code of FederalRegulations.

In any case where the Agencydetermines that the two yearperiod prior to displacement isnot representative of the averagereceipts, earnings, or income, itmay make use of a morerepresentative period.

b. [§ 712] Nonprofit Organization

In the case of a nonprofit organization, no paymentshall be made under Section 708 unless the Agencydetermines that:

(1) The nonprofit organization cannotbe relocated without a substantialloss of its existing patronage(the term “patronage” as usedherein includes the membership,persons, community, or clienteleserved or affected by the

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activities of the nonprofitorganization); and

(2) The nonprofit organization is nota part of an enterprise having atleast one other establishment notbeing acquired, engaged in thesame or similar activity.

VIII. [§ 800] RELOCATION ASSISTANCE AND PAYMENTS TO CERTAIN OTHERS

A. [§ 801] Displaced Farm Operations

1. [§ 802] Requirement Generally

The Agency shall provide relocation advisoryassistance and make relocation payments to a displaced farmoperation in accordance with the provisions of these Rulesand Regulations pertaining to displaced businesses,including small businesses.

2. [§ 803] Eligibility for Alternate Payment

No payment of the type provided for in Section 708shall be made to a displaced farm operation unless theAgency determines that the farm met the definition of afarm operation prior to its acquisition. If thedisplacement is limited to only part of the farm operation,the operator will be considered to have been displaced froma farm operation if:

a. The part taken met the definition of afarm operation prior to the taking; and

b. The taking caused such a substantialchange in the nature of the existingfarm operation as to constitute adisplacement.

3. [§ 803.5] Continuation of Lease for Farming

No provision of these Rules and Regulations shall beconstrued to require the Agency to provide any relocationassistance to a lessee if the property acquired for aprogram or project is subject to a lease for purposes of

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conducting farm operations and the Agency agrees to assumeall of the terms of that lease.

B. [§ 804] Displacement for Code Enforcement, Rehabilitation or Demolition by the Agency

1. [§ 805] Authorization for Assistance and Payment

The Agency may make payments in the amounts it deemsappropriate, and may provide advisory assistance underthese Rules and Regulations, to a person who moves from adwelling, or who moves or discontinues his business, as aresult of impending rehabilitation or demolition of aresidential or commercial structure, or enforcement ofbuilding, housing, or health codes by the Agency, orbecause of systematic enforcement pursuant to Section37924.5 of the Health and Safety Code, or who moves from adwelling or who moves or discontinues a business as aresult of a rehabilitation or demolition program orenforcement of building codes by the Agency, or because ofincreased rents to result from such rehabilitation or codeenforcement. Payments prescribed by Section 615 of theseRules and Regulations may also be made to persons whoremain in a dwelling during rehabilitation. Paymentsauthorized by this Section and made pursuant to Section 615hereof may, at the option of the Agency, be computed andreviewed annually based on actual rental increases, and maybe paid monthly or annually. The Agency may also givepriority to a person who moves from a dwelling, or whoremains in a dwelling during rehabilitation, in utilizationof local, state, or federal rental assistance programs,either to enable the person to pay increased rents or tomove to other suitable housing.

In assisting the financing of rehabilitation, theAgency may provide some or all of the payments authorizedby this Section as part of the loan for rehabilitationcosts, provided that the Agency makes payments directly tothe person who moves or who remains in the dwelling duringrehabilitation.

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2. [§ 806] Rent Increase Resulting from Rehabilitation

The Agency shall make payments in the amountsprescribed by these Rules and Regulation, and shall provideadvisory assistance under these Rules and Regulations topersons and families of low or moderate income, as definedin Section 50093 of the Health and Safety Code, whose rent,within one year after the rehabilitation of their dwellingis completed, is increased to an amount exceeding 25percent of their gross income, or who move from theirdwelling, as the result of a rehabilitation program inwhich the rehabilitation work is wholly or partiallyfinanced or assisted with public funds provided by orthrough the Agency.

3. [§ 807] Temporary Housing for Persons Displaced by Rehabilitation

The Agency shall provide temporary housing for up to90 days to persons displaced by rehabilitation work whichis wholly or partially financed or assisted with publicfunds provided by or through the Agency.

4. [§ 808] Option to Relocate in Rehabilitated Dwelling

A person displaced by rehabilitation work which iswholly or partially financed or assisted with public fundsprovided by or through the Agency shall, as a condition ofthe financing or assistance, be given the option ofrelocating, after rehabilitation, in the dwelling fromwhich the person was displaced.

5. [§ 809] Amount of Payment

The Agency may limit the amounts of payments underSection 806, otherwise calculated pursuant to Section 615,to the lesser of: (i) the difference between the increasedrent and 25 percent of gross income; or (ii) the differencebetween the increased rent and the rent immediately beforethe rehabilitation which was greater than 25 percent ofgross income.

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6. [§ 810] Obligation Conditional Upon Availability of Federal or State Funds

The payments and advisory assistance as required inSection 804 shall be mandatory only if federal or statefunds are available. However, nothing shall preclude theAgency from using local funds.

C. [§ 811] Temporary Displacement for Rehabilitation of Affordable Apartments

Notwithstanding Section 804 or any other provision oflaw, tenants residing in any rental project who aredisplaced from the project for a period of one year or lessas part of a rehabilitation of that project, that is fundedin whole or in part by the Agency, shall not be eligiblefor permanent housing assistance benefits pursuant toSections 614 and 518 if all of the following criteria aresatisfied:

1. The project is a “qualified affordablehousing preservation project,” which meansany complex of two or more units whoseowners enter into a recorded regulatoryagreement, having a term for the useful lifeof the project, with the Agency for theprovision of project rehabilitationfinancing. For this purpose, the regulatoryagreement shall require of the owner and allsuccessors and assigns of the owner, as longas the regulatory agreement is in effect,that at least 49 percent of the tenants inthe project have, at the time of therecordation of the regulatory agreement,incomes not in excess of 60 percent of thearea median income, adjusted by householdsize, as determined by the appropriateagency of the state. In addition, a projectis a qualified affordable housingpreservation project only if the beneficiaryof the regulatory agreement elects thisdesignation by so indicating on theregulatory agreement.

2. The resident is offered the right to returnto his or her original unit, or a comparable

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unit in the same complex if his or heroriginal unit is not otherwise available dueto the rehabilitation, with rent for thefirst 12 months subsequent to that returnbeing the lower of the following: up to 5percent higher than the rent at the time ofdisplacement; or up to 30 percent ofhousehold income.

3. The estimated time of displacement isreasonable, and the temporary unit is notunreasonably impacted by the effects of theconstruction, taking into consideration theages and physical conditions of the membersof the displaced household.

4. All other financial benefits and servicesotherwise required under these Rules andRegulations are provided to the residentstemporarily displaced from their units,including relocation to a comparablereplacement unit. Residents shall betemporarily relocated to a unit within thesame complex, or to a unit locatedreasonably near the complex if that unit isin a location generally not less desirablethan the location of the displaced person'sdwelling with respect to public utilities,services, and the displaced person's placeof employment.

D. [§ 812] Hardship Moves

The Agency may make all or part of the paymentsprescribed in these Rules and Regulations, and may provideadvisory assistance under these Rules and Regulations, to aperson who moves from a dwelling, or who moves ordiscontinues his business, as a result of the pendingacquisition by the Agency of the real property from whichhe moves, but who is not otherwise a displaced personhereunder, as necessary to alleviate hardship to suchperson.

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IX. [§ 900] ADDITIONAL PAYMENT FOR PROPERTY AFFECTED BY AIRPORT

A. [§ 901] Payment Required

In addition to the payments required by Section 600,700 and 800 of these Rules and Regulations, as a cost ofacquisition, the Agency shall make a payment to anyaffected property owner meeting the eligibilityrequirements of Section 902, a payment (not to exceed$22,500) which equals the actual decline in the fair marketvalue of the property of the affected property owner causedby the acquisition by the Agency for airport purposes ofother real property and a change in the use of theproperty. Payment under this Section 901 shall be limitedonly to such circumstances in which the decline in fairmarket value of the affected property is reasonably relatedto objective physical change in the use of the acquiredproperty for airport purposes.

B. [§ 902] Eligibility

An affected property owner is eligible for a paymentpursuant to Section 901 if:

1. The affected property is immediatelycontiguous to property acquired for airportpurposes; and

2. The owner shall have owned the propertyaffected by acquisition by the Agency notless than 180 days prior to the initiationof negotiations for acquisition of theacquired property.

X. [§ 1000] CLAIM AND PAYMENT PROCEDURES

A. [§ 1001] Filing of Claims

All claims for relocation assistance and paymentsfiled with the Agency shall be submitted within 18 monthsof the date on which the claimant receives final paymentfor the property or the date on which he moves, whicheveris later. The Agency may extend this period upon a propershowing of good cause.

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B. [§ 1002] Documentation in Support of Claim

1. [§ 1003] Moving Expenses

a. [§ 1004] Evidence of Moving Expenses

Except in the case of a displaced resident ordisplaced business moving himself, a claim for payment ofactual reasonable moving expenses shall be supported by abill or other evidence of expenses incurred.

Each claim in excess of $1,500 for the costs incurredby a displaced business in moving the business operationshall be supported by competitive bids in such number asare practical. If the Agency determines that compliancewith the bid requirement is impractical, or if estimates inan amount less than $1,500 are obtained, a claim may besupported by estimates in lieu of bids.

b. [§ 1005] Self Moves

Without documentation of moving expenses actuallyincurred a displaced resident or displaced businesselecting to self move may submit a claim for his movingexpenses to the Agency in an amount not to exceed theestimated cost of moving commercially. The estimated costof moving commercially shall be based on the lowestresponsible bid or estimate from three reputable movingfirms submitted by the claimant to the Agency prior to themove. The estimated cost of moving commercially shallinclude the cost, if any, of obtaining bids or estimates.

c. [§ 1006] Exemption from Public Utilities Commission Regulations

Whenever the Agency must pay the actual cost of movinga displaced person the costs of such move shall be exemptfrom regulation by the Public Utilities Commission. TheAgency may solicit competitive bids from qualified biddersfor performance of the work. Bids submitted in response tosuch solicitations shall be exempt from regulation by thePublic Utilities Commission.

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2. [§ 1007] Loss of Property

A claim by a displaced business for payment for theactual direct loss of tangible personal property pursuantto Section 704 shall be supported by written evidence ofloss which may include appraisals, certified prices, billsof sale, receipts, canceled checks, copies ofadvertisements, offers to sell, auction records, and otherrecords appropriate to support the claim or the Agency mayagree as to the value of the property left in place.

3. [§ 1008] Proof of Earnings

If a displaced business elects to receive an alternatepayment pursuant to Section 706 of these Rules andRegulations, to be eligible for the payment the businessshall make available its state income tax records,financial statements, and accounting records, forconfidential use pursuant to an audit to determine thepayment.

C. [§ 1009] Payment of Moving Expenses

1. [§ 1010] Advance Payment

An eligible displaced resident or displaced businessmay be paid for his anticipated moving expenses in advanceof the actual move. The Agency shall provide advancepayment whenever later payment would result in financialhardship. Particular consideration shall be given to thefinancial limitations and difficulties experienced by lowand moderate income residents and small businessoperations.

2. [§ 1011] Direct Payment

By prearrangement between the Agency, the displacedresident or displaced business, and the mover, evidenced inwriting, the claimant or the mover may present an unpaidmoving bill to the Agency, and the Agency may pay the moverdirectly.

3. [§ 1012] Methods Not Exclusive

The specific provisions of these Rules and Regulationsare not intended to preclude the Agency's reliance uponother reasonable means of effecting a move, including

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contracting moves and arranging for assignment of movingexpense payments by displaced persons.

D. [§ 1013] Payments for Replacement Dwellings

1. [§ 1014] Payment for Purchase of ComparableReplacement Dwelling

a. [§ 1015] Disbursement

When the Agency has determined the amount of thepayment for purchase of a comparable replacement dwellingto which the displaced resident is entitled and hasverified that the displaced resident occupies a comparablereplacement dwelling, payment shall be made to thedisplaced resident.

b. [§ 1016] Provisional Payment Pending Condemnation

If the exact amount of a replacement housing paymentcannot be determined because of a pending condemnationsuit, the Agency may make a provisional replacement housingpayment to the displaced homeowner equal to the differencebetween the Agency's maximum offer for the property and thereasonable cost of a comparable replacement dwelling, butonly if the homeowner enters into an agreement that uponfinal adjudication of the condemnation suit the replacementhousing payment will be recomputed on the basis of theacquisition price determined by the court. If theacquisition price as determined by the court is greaterthan the maximum offer upon which the provisionalreplacement housing payment is based, the difference shallbe refunded by the homeowner to the Agency. If theacquisition price as determined by the court is less thanthe maximum offer upon which the provisional replacementhousing payment is based, the difference shall be paid tothe homeowner.

c. [§ 1017] Certificate of Eligibility

Upon request by a displaced homeowner or tenant whohas not yet purchased and occupied a comparable replacementdwelling, but who is otherwise eligible for a replacementhousing payment, the Agency shall certify to any interestedparty, financial institution or lending agency, that thedisplaced homeowner or tenant will be eligible for the

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payment of a specific sum if he purchases and occupies adwelling within the time limits prescribed.

2. [§ 1018] Rent Differential Payments

When the Agency has determined the amount of the rentdifferential payment to which the displaced resident isentitled and has verified that the displaced residentoccupies a comparable replacement dwelling, payment shallbe made to the displaced resident. Payments up to themaximum of $5,250 shall be made in a lump sum. Should theAgency pay pursuant to Section 519 an amount exceeding themaximum amount, any payments over $5,250 shall be made overa period of time as provided in Section 519a.

E. [§ 1019] Assistance and Payments to Persons Moving without Notice

If the Agency fails to inform any eligible displacedperson of the relocation payments and assistance that maybe made available by the Agency in a timely and effectivemanner, the Agency shall make every reasonable effort toidentify and locate such person who has moved. Eligibledisplaced persons who move without offers of assistance andbenefits, after the Agency was required to offer assistanceand benefits, shall be provided all such assistance andpayments for which they otherwise qualify. Whenappropriate, the Agency shall also compensate such personsfor additional costs incurred as a result of the Agency'sfailure to provide timely notice and offers of relocationassistance and benefits.

F. [§ 1020] Termination of Relocation Assistance

The Agency's relocation obligations cease under thefollowing circumstances:

1. A displaced resident moves to a comparablereplacement dwelling and receives allassistance and payments to which he isentitled;

2. The displaced resident moves to substandardhousing, refuses reasonable offers ofadditional assistance in moving to a decent,safe and sanitary replacement dwelling and

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receives all payments to which he isentitled;

3. All reasonable efforts to trace a personhave failed;

4. The business concern has received allassistance and payments to which it isentitled and has been successfully relocatedor has ceased operations;

5. A person displaced from his dwelling orbusiness refuses reasonable offers ofassistance, payments and comparablereplacement dwellings.

XI. [§ 1100] GRIEVANCE PROCEDURES

A. [§ 1101] Right of Review

Any person who believes himself aggrieved by adetermination as to eligibility, the amount of payment, thefailure of the Agency to provide comparable permanent oradequate temporary replacement housing or the Agency'sproperty management practices may, at his election, havehis claim reviewed and reconsidered by the Agency or anauthorized designee (other than the person who made thedetermination in question) in accordance with theprocedures set forth in Section 1100.

B. [§ 1102] Notification of Decision

If the Agency denies or refuses to consider a claim,the Agency's notification to the claimant of itsdetermination shall inform the claimant of its reasons andthe applicable procedures for obtaining review of thedecision. If necessary to provide the information in thelanguage most easily understood by the recipient, suchnotification shall be printed in a language other thanEnglish.

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C. [§ 1103] Stages of Review

1. [§ 1104] Request for Further Written Information

A complainant may request the Agency to provide himwith a full written explanation of its determination andthe basis therefor, if he feels that the explanationaccompanying the payment of the claim or notice of theAgency's determination was incorrect or inadequate.

The Agency shall provide such an explanation to thecomplainant within three weeks of its receipt of hisrequest.

2. [§ 1105] Informal Oral Presentation

A complainant may request an informal oralpresentation before seeking formal review andreconsideration. The right to formal review andreconsideration shall not be conditioned upon requesting aninformal oral presentation.

Within fifteen days of the request the Agency shallafford the complainant the opportunity to make suchpresentation.

The complainant may be represented by an attorney orother person of his choosing. This oral presentation shallenable the complainant to discuss the claim with theExecutive Director of the Agency or a designee (other thanthe person who made the initial determination) havingauthority to revise the initial determination on the claim.The Agency shall make a summary of the matters discussed inthe oral presentation to be included as part of its file.

3. [§ 1106] Formal Review and Reconsideration

a. [§ 1107] Request for Review

At any time within the period described in Section1115, a complainant may file a written request for formalreview and reconsideration by the Relocation Appeals Board.The complainant may include in the request for review anystatement of fact within the complainant's knowledge orbelief or other material which may have a bearing on theappeal. If the complainant requests more time to gather

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and prepare additional material for consideration or reviewand demonstrates a reasonable basis therefor, thecomplainant may be granted additional time.

The Relocation Appeals Board shall consider everyaggrieved person's complaint regardless of form, and shall,if necessary, provide assistance in preparing the writtenrequest for review.

b. [§ 1108] Notice of Procedures

When a complainant seeks review, the RelocationAppeals Board shall inform him that he has the right to berepresented by an attorney, to present his case by oral ordocumentary evidence, to submit rebuttal evidence, toconduct such cross-examination as may be required for afull and true disclosure of facts, and to seek judicialreview once he has exhausted administrative appeal.

c. [§ 1109] Review by Relocation Appeals Board

The Relocation Appeals Board shall promptly hear allcomplaints brought by aggrieved persons of a redevelopmentproject area relating to relocation and shall determine ifthe Agency has complied with the provisions of Chapter 4 ofthe California Community Redevelopment Law pertaining torelocation, the Relocation Assistance Law and Guidelines,these Rules and Regulations and where applicable, withfederal law and regulations.

The Relocation Appeals Board shall, after publichearing, transmit its findings and recommendations to theAgency Board, including any recommendations formodification of the Agency’s initial determination.

d. [§ 1110] Scope of Review

The Relocation Appeals Board shall review and considerthe initial determination of the Agency in thecomplainant's case in light of:

(1) All material upon which the Agencybased its original determination,including all applicable rules andregulations, except that noevidence shall be relied upon

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where a complainant has beenimproperly denied an opportunityto controvert the evidence orcross-examine the witness;

(2) The reasons given by thecomplainant for requesting reviewand reconsideration of the claim;

(3) Any additional written or relevantdocumentary material submitted bythe complainant;

(4) Any further information which theRelocation Appeals Board in itsdiscretion, obtains by request,investigation, or research, toensure fair and full review of theclaim.

e. [§ 1111] Findings and Recommendations by Relocation Appeals Board

The findings and recommendations on review by theRelocation Appeals Board shall include:

(1) The determination of theRelocation Appeals Board whetherthe Agency has complied with Statelaw and where applicable withfederal law, pertaining to therelocation;

(2) The recommendations of theRelocation Appeals Board,including any recommendations formodification of the Agency'sinitial determination;

(3) The factual and legal basis uponwhich the findings andrecommendations rest, includingany pertinent explanation orrational;

(4) A statement to the complainantthat the findings and

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recommendations of the RelocationAppeals Board will be transmittedto the Agency Board for finaladministrative decision withrespect to the claim.

The findings and recommendations of the RelocationAppeals Board shall be in writing and copies thereof shallbe provided to the complainant and transmitted to theAgency Board.

The Relocation Appeals Board shall issue findings andrecommendations as soon as possible, but no later thanthree weeks from receipt of the last material submitted forconsideration by the complainant or the date of thehearing, whichever is later. In the case of complaintsrecommended for dismissal for untimeliness or for any otherreason not based on the merits of the claim, the time limitfor issuing the findings and recommendations shall bereduced to 10 days.

f. [§ 1112] Final Determination by AgencyBoard

(1) [§ 1113] Scope of Review

After receipt of the written findings andrecommendations of the Relocation Appeals Board, the AgencyBoard shall review and reconsider the initial determinationof the Agency on the claim. The Agency Board may, but isnot required to, conduct a hearing de novo with respect tothe claim, as it deems necessary. The complainant shall begiven at least ten (10) days written notice prior to thematter being heard.

The Agency Board shall base its final decision on theclaim upon the record compiled in connection with theproceedings of the Relocation Appeals Board, and upon therecord of the hearing (if any) held by the Agency Board.

(2) [§ 1114] Final Determination

The final determination on review by the Agency Boardshall include, but is not limited to:

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(a) The Agency Board's decisionon reconsideration of theclaim;

(b) The factual and legal basisupon which the decisionrests, including anypertinent explanation orrationale;

(c) A statement to thecomplainant thatadministrative remedies havebeen exhausted, if such bethe case, and that judicialreview may be sought.

The final determination of the Agency Board shall bein writing and a copy thereof shall be provided to thecomplainant.

The Agency Board shall issue its determination as soonas possible, but no later than three weeks from receipt bythe Agency Board of the written findings andrecommendations of the Relocation Appeals Board. In thecase of complaints dismissed for untimeliness or for anyreason not based on the merits of the claim, the time limitfor issuing such determination shall be reduced to 10 days.

D. [§ 1115] Time Limit for Requesting Review

Any request for review under Section 1105 and/orSection 1106 shall be filed in writing with the specifiedreviewing authority within 30 days following the date thecomplainant receives notice of the decision being appealed.Such time limit may be extended for good cause by theAgency.

E. [§ 1116] Stay of Displacement Pending Final Determination

If a complainant seeks to prevent displacement, theAgency shall not require the complainant to move until atleast 20 days after the Agency has made its finaldetermination. In all cases the Agency shall notify thecomplainant in writing at least 20 days prior to theproposed new date of displacement.

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Any complaint seeking to prevent displacement must bebrought within 30 days of service by the Agency of thenotice to vacate provided for by Section 1302 of theseRules and Regulations. Such notice to vacate must includenotice that any complaint seeking to prevent displacementmust be filed within 30 days.

F. [§ 1117] Joint Complainants

Where more than one person is aggrieved by the failureof the Agency to refer them to comparable permanent oradequate temporary replacement housing the complainants mayjoin in filing a single written request for review. Adetermination shall be made as herein provided for each ofthe complainants.

G. [§ 1118] Right to Counsel

Any aggrieved party has a right to representation bylegal or other counsel at his expense at any and all stagesof the proceedings set forth in Section 1100.

H. [§ 1119] Review of Files by Claimant

Except to the extent that confidentiality of materialis protected by law or its disclosure is prohibited by law,the Agency shall permit the claimant to inspect all filesand records bearing upon his claim or the prosecution ofthe claimant's grievance. The Agency may impose reasonableconditions on such right to inspect. If a claimant isimproperly denied access to any relevant material bearingon the claim, such material may not be relied upon inreviewing the initial determination.

I. [§ 1120] Recommendations by Third Party

Upon agreement between the claimant and the Agency, amutually acceptable third party or parties may review theclaim and make advisory recommendations thereon to theAgency for its final determination. In reviewing theclaim and making recommendations to the Agency, the thirdparty or parties shall be guided by Section 1100 of theseRules and Regulations.

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J. [§ 1121] Effect of Determination on Other Persons

The principles established in all determinations bythe Agency shall be considered as precedent for alleligible persons in similar situations regardless ofwhether or not a person has filed a written request forreview. All written determinations shall be kept on fileand available for public review.

K. [§ 1122] Judicial Review

Nothing in these Rules and Regulations shall in anyway preclude or limit a claimant from seeking judicialreview of his claim upon exhaustion of such administrativeremedies as are available under Section 1100.

XII. [§ 1200] ACQUISITION PRACTICES

A. [§ 1201] Acquisition of Property by Negotiation

The Agency shall make every reasonable effort toacquire property by negotiation and to do so expeditiously.In order to do so the Agency shall, to the greatest extentpracticable, be guided in its property acquisitionpractices by the provisions of Section 1200. Providedhowever, that the provisions of Sections 1202, 1203, 1206and 1208 shall not apply to the acquisition of anyeasement, right-of-way, covenant, or other non-possessoryinterest in real property to be acquired for theconstruction, reconstruction, alteration, enlargement,maintenance, renewal, repair, or replacement of subsurfacesewers, waterlines or appurtenances, drains, septic tanks,or storm water drains.

B. [§ 1202] Appraisal of Property

Before negotiations are initiated to acquire property,the Agency shall have the property appraised, giving theowner or the owner's designated representative anopportunity, by reasonable advance written notice, toaccompany the appraiser during the inspection of theproperty. However, the Agency may obtain from the owner awaiver of the requirement to have the property appraised incases involving the acquisition by sale, or donation ofproperty with a low fair market value.

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C. [§ 1203] Notice of Decision to Appraise

1. [§ 1204] Contents of Notice

The Agency shall provide the owner with written noticeof its decision to appraise the real property as soon aspossible after the decision to appraise has been reached.The notice shall state, as a minimum, that:

a. A specific area is being considered fora particular public use;

b. The owner's property is located withinthe area;

c. The status of the Agency's decision onwhether or not to acquire the property,including a statement that nodetermination has been made by theAgency to acquire the property, if suchbe the case;

d. A statement that the owner or theowner's representative (designated inwriting) shall be given the opportunityto accompany each appraiser during hisinspection of the property.

2. [§ 1205] Information Statement: Property Acquisition Procedures

At the time the Agency notifies an owner of itsdecision to appraise real property it shall furnish theowner with a written explanation of its land acquisitionprocedures, describing in nontechnical, understandableterms the Agency's acquisition procedures and the principalrights and options available to the owner. Such statementshall inform the owner of the property that if the Agencydecides to acquire the subject property certain prescribedland acquisition procedures will be followed and thestatement shall include the following explanations:

a. A description of the basic objective ofthe Agency's land acquisition programand a reference to the availability ofthe Agency's statement covering

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relocation benefits for which an owneroccupant may be eligible;

b. A statement that if the acquisition ofany part of the real property wouldleave the owner with an uneconomicremnant, the Agency will offer toacquire the uneconomic remnant, if theowner so desires;

c. A statement that, if the owner of realproperty is also the owner of abusiness conducted on the real propertyto be acquired, or on the remainder, hehas a possible right to compensationfor loss of goodwill. The Agency shallinclude a copy of the pertinentprovisions of the Eminent Domain Law(Code of Civil Procedure, Sections1263.510 et seq.);

d. A statement that if the owner is notsatisfied with the Agency's offer ofjust compensation he will be given areasonable opportunity to presentrelevant material, which the Agencywill carefully consider, and that if avoluntary agreement cannot be reachedthe Agency, as soon as possible, willeither institute a formal condemnationproceeding against the property orabandon its intention to acquire theproperty, giving notice of itsintention not to acquire;

e. A statement that construction ordevelopment of a project shall be soscheduled that, to the greatest extentpracticable, no person lawfullyoccupying real property shall berequired to move from a dwelling(assuming a comparable replacementdwelling will be available) or to movehis business without at least 90 dayswritten notice from the Agency of thedate by which the move is required;

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f. A statement that, if arrangements aremade to rent the property to an owneror his tenant for a short term or for aperiod subject to termination by theAgency on short notice, the rental willnot exceed the lesser of the fairrental value of the property to a shortterm occupier or the pro rata portionof the fair market value for a typicalrental period. If the owner or tenantis an occupant of a dwelling, therental for the dwelling shall be withinhis financial means.

D. [§ 1206] Establishment of Just Compensation

1. [§ 1206.1] Generally

Prior to adopting a resolution of necessity pursuantto Section 1245.230 of the Code of Civil Procedure andinitiating negotiations for the acquisition of realproperty, the Agency shall establish an amount which itbelieves to be just compensation for the property, andshall make an offer to the owner or owners of record toacquire the property for the full amount so established,unless the owner cannot be located with reasonablediligence. The offer may be conditioned upon the Agency'sratification of the offer by execution of a contract ofacquisition or adoption of a resolution of necessity orboth. In no event shall the amount be less than theAgency's approved appraisal of the fair market value of theproperty.

The determination of just compensation shall be basedupon consideration of:

a. The real property being acquired; and

b. Where the real property acquired ispart of a larger parcel, the injury orbenefit, if any, to the remainder.

Any decrease or increase in the fair market value ofreal property to be acquired prior to the date of valuationcaused by the project for which such property is acquired,or by the likelihood that the property would be acquiredfor such project, other than that due to physical

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deterioration within the reasonable control of the owner oroccupant, will be disregarded in determining thecompensation for the property.

2. [§ 1206.2] Exception for Property Offered by Owner

Notwithstanding Section 1206.1, the Agency may make anoffer to the owner or owners of record to acquire realproperty for less than an amount which it believes to bejust compensation therefor if (a) the real property isoffered for sale by the owner at a specified price lessthan the amount the Agency believes to be just compensationtherefor, (b) the Agency offers a price which is equal tothe specified price for which the property is being offeredby the landowner, and (c) no federal funds are involved inthe acquisition, construction, or project development.

As used in Section 1206.2, “offered for sale” meansany of the following:

a. Directly offered by the landowner tothe Agency for a specified price inadvance of negotiations by the Agency.

b. Offered for sale to the general publicat an advertised or published,specified price set no more than sixmonths prior to and still available atthe time the Agency initiates contactwith the landowner regarding theAgency's possible acquisition of theproperty.

3. [§ 1206.3] Exception for Property or Compensation Donated by Owner

A person whose real property is being acquired inaccordance with the Relocation Assistance Law and theseRules and Regulations may, after the person has been fullyinformed of his or her right to receive just compensationfor the property, donate the property, any part thereof orany interest therein to the Agency, and/or any compensationpaid therefor to the Agency or another public entitydetermined by the person.

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E. [§ 1207] Uneconomic Remnant

Whenever a part of a parcel of property is to beacquired by the Agency for a public use and the remainder,or a portion of the remainder, will be left in such a shapeor condition as to constitute an uneconomic remnant, theAgency shall offer to acquire the entire property if theowner so desires. An uneconomic remnant is a parcel ofreal property in which the owner retains an interest afterpartial acquisition of his property and which has little orno utility or value to such owner.

F. [§ 1207.5] Nonprofit, Special Use Property

Prior to the initiation of negotiations foracquisition by the Agency of nonprofit, special useproperty, the Agency shall make every reasonable effort toseek alternative property which is other than nonprofit,special use property. However, this requirement shall notapply to properties acquired by the Agency fortransportation purposes, including but not limited to, theconstruction, expansion, or improvement of streets,highways, or railways.

This Section does not apply to actions or proceedingscommenced by the Agency to acquire real property or anyinterest in real property for the use of water, sewer,electricity, telephone, natural gas, or flood controlfacilities or rights-of-way where those acquisitionsneither require removal or destruction of existingimprovements, nor render the property unfit for the owner'spresent or proposed use.

“Nonprofit, special use property” means property whichis operated for a special nonprofit, tax-exempt use such asa school, church, cemetery, hospital, or similar property(but not property owned by a public entity), or as Section1235.155 of the Code of Civil Procedure may be amended.

G. [§ 1208] Initiation of Negotiations

1. [§ 1209] Written Offer

The Agency shall make its first written offer toacquire the property as soon as practicable followingservice of the Notice of Decision to Appraise. Such offershall be made as soon as possible after the amount of just

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compensation is established, and for the full amount soestablished.

2. [§ 1210] Statement of the Basis of Just Compensation

At the time the Agency makes its offer to acquire theproperty it shall provide the owner with a writtenstatement of the basis for determination of justcompensation. The statement shall include the following:

a. A general statement of the public usefor which the property is to beacquired;

b. A description of the location andextent of the property to be taken,with sufficient detail for reasonableidentification, and the interest to beacquired;

c. An inventory identifying the buildings,structures, fixtures, and otherimprovements;

d. A recital of the amount of the offerand a statement that such amount:

(1) Is the full amount believed by theAgency to be just compensation forthe property taken;

(2) Is not less than the approvedappraisal of the fair market valueof the property;

(3) Disregards any decrease orincrease in the fair market valueof the real property to beacquired prior to the date ofvaluation caused by the projectfor which the property is to beacquired, or by the likelihoodthat the property would beacquired for such project, otherthan that due to physicaldeterioration within the

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reasonable control of the owner oroccupant;

(4) Does not reflect any considerationof or allowance for any relocationassistance and payments or otherbenefits which the owner isentitled to receive under anagreement with the Agency;

(5) Does not reflect any considerationfor loss of goodwill for which theowner may claim payment underprocedures set forth in theseRules and Regulations. The Agencyshall include a copy of thepertinent provisions of theEminent Domain Law (Code of CivilProcedure, Section 1263.510 etseq.) and these Rules andRegulations (Section 1212).

e. A statement that, if the real propertyto be acquired is owner occupiedresidential property and contains nomore than four residential units, thehomeowner shall, upon request to theAgency, be allowed to review a copy ofthe appraisal upon which the offer isbased.

f. If the real property is a portion of alarger parcel, the statement shallinclude an apportionment of the totalestimated just compensation for thepartial acquisition between the valueof the property being taken and theamount of damage, if any, to theremainder of the larger parcel fromwhich such property is taken.

H. [§ 1211] Tenant Property Interests; Notice Re: Loss of Goodwill

Nothing in Section 1200 shall be construed to deprivea tenant of the right to obtain payment for his propertyinterest as otherwise provided by law.

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As soon as practicable after the initiation ofnegotiations the Agency shall provide written notificationto the owner of a business conducted on the real propertyto be acquired or on the remainder, who is not also theowner of the real property, concerning his possible rightto compensation for loss of goodwill. The Agency shallinclude a copy of the pertinent provisions of the EminentDomain Law (Code of Civil Procedure, Section 1263.510, etseq.) and these Rules and Regulations (Section 1212).

I. [§ 1212] Compensation for Loss of Goodwill

Notwithstanding any other provisions of Section 1200to the contrary, the procedure for determining and offeringcompensation for loss of goodwill in connection with theAgency's acquisition of any property shall be governed bythis Section 1212.

1. [§ 1213] Compensation Generally

With respect to the owner of a business conducted onproperty acquired by the Agency, or on the remainder ifsuch property is part of a larger parcel, the amount ofjust compensation to be paid by the Agency may includeconsideration of loss of goodwill, to the extent requiredby law and these Rules and Regulations.

Within the meaning of Section 1212, “goodwill”consists of the benefits that accrue to a business as aresult of its location, reputation for dependability, skillor quality, and any other circumstances resulting inprobable retention of old or acquisition of new patronage.

In order to be entitled to compensation on loss ofgoodwill such owner of a business shall first have provedall of the following:

a. The loss is caused by the acquisitionof the property or the injury to theremainder;

b. The loss cannot reasonably be preventedby a relocation of the business or bytaking steps and adopting proceduresthat a reasonably prudent person would

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take and adopt in preserving thegoodwill;

c. Compensation for the loss will not beincluded in payments under Section 700of these Rules and Regulations;

d. Compensation for the loss will not beduplicated in the compensationotherwise paid to the owner.

2. [§ 1214] Notice of Intent to Claim Loss of Goodwill

Prior to a business completing its relocation fromproperty acquired by the Agency, or prior to the date suchbusiness discontinues, the owner of such business maynotify the Agency that he intends to attempt to make theproofs provided for in Section 1213.

3. [§ 1215] Conference to Discuss Eligibility to Receive Compensation for Loss of Goodwill

Upon receipt of the notice required by Section 1214, acommittee appointed by the Executive Director of the Agencyor his designee, shall confer with the claimant regardingthe issues set forth in Section 1213. Based upon reviewand consideration of information presented at saidconference, the committee will make a recommendation to theAgency as to whether or not a goodwill appraisal should bemade.

The recommendation of the committee shall becommunicated to the Agency; if the Agency concurs in thecommittee's recommendation, the Agency shall authorize agoodwill appraisal; provided, however, that the Agency'sdetermination to authorize a goodwill appraisal shall befor purposes of negotiation and shall not be binding uponthe Agency in any eminent domain proceeding. In the eventthat the Agency authorizes an appraisal of goodwill, ifany, notice of this decision shall be given to the businessowner/claimant.

4. [§ 1216] Business Records; Authorization toNegotiate

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The owner of the business shall provide to the Agencysuch business records as the Agency may require, includingbut not limited to state income tax returns, financialstatements and accounting records, for confidential use forthe purpose of appraising the loss of goodwill of thebusiness. The Agency shall thereafter authorizenegotiations with the business owner/claimant regarding theclaim for loss of goodwill. Offers made by the Agency tosettle claims for lost goodwill shall be not less than theamount of the Agency's approved appraisal of the loss ofgoodwill of the business.

5. [§ 1217] Calculation of Net Amount of Just Compensation for Loss of Goodwill for Negotiation Purposes

The Agency shall calculate the amount it believes tobe the net amount of just compensation for loss of goodwillto which the business is entitled, considering:

a. The amount the Agency believes fornegotiating purposes to be the totalamount of loss of goodwill of thebusiness; and

b. Any compensation for loss of goodwillthe Agency determines is included inpayments made or to be made underSection 700 of these Rules andRegulations.

6. [§ 1218] Notice to Owner; Written Offer

As soon as possible after the net amount of justcompensation (if any) for loss of goodwill has beencalculated, the Agency shall make its written offer to thebusiness owner/claimant to compensate the claimant in suchamount.

7. [§ 1219] Eminent Domain

Notwithstanding any other provision of Section 1212 tothe contrary, in the event an eminent domain proceeding isbrought by the Agency to acquire any property, the owner ofany business thereon shall seek compensation for loss ofgoodwill in connection with such proceeding, and the

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failure to do so shall constitute a waiver of compensationfor loss of goodwill.

J. [§ 1220] Negotiations; Eminent Domain

Prior to the commencement of an eminent domainproceeding to acquire real property:

1. The Agency shall make reasonable efforts todiscuss with the owner its offer to purchasethe owner's real property;

2. The owner shall be given reasonableopportunity to present material which hebelieves to be relevant as to the questionof value and to suggest modification in theproposed terms and conditions of thepurchase, and the Agency shall carefullyconsider the owner's presentation;

3. If the evidence presented by an owner or amaterial change in the character orcondition of the property indicates the needfor a new appraisal or if a significantdelay has occurred since the determinationof just compensation, the Agency shall haveits appraisal updated;

4. If a modification in the Agency'sdetermination of just compensation iswarranted, an appropriate price adjustmentshall be made and the new amount determinedto be just compensation shall be promptlyoffered in writing to the owner.

In no event shall the Agency either advance the timeof condemnation, or defer negotiations or condemnation andthe deposit of funds in court for the use of the owner, ortake any other action coercive or misleading in nature, inorder to compel or induce an agreement on the price to bepaid for the property.

If any interest in property is to be acquired byexercise of the power of eminent domain, the Agency shallpromptly institute formal condemnation proceedings. TheAgency shall not intentionally make it necessary for an

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owner to institute legal proceedings to prove the fact ofthe taking of his property.

K. [§ 1221] Notice of Decision Not to Acquire

Whenever the Agency has forwarded a Notice of Intentto Displace, or a Notice of Decision to Appraise, or hasmade a firm offer and subsequently the Agency decides notto acquire the property, the Agency shall serve a notice inwriting on the owner, all persons occupying the propertyand all other persons potentially eligible for relocationpayments and assistance. The notice shall state that theAgency has decided not to acquire the property. It shallbe served not later than 10 days following the date of theAgency decision not to acquire. Upon receipt of suchnotice any person shall be deemed not to be a displacedperson.

L. [§ 1222] Incidental Expenses

If the real property is acquired by purchase, theAgency shall reimburse the owner, for all reasonableexpenses the owner necessarily incurred incidental to theconveyance of such property to the Agency. Among theexpenses requiring payment are the following:

1. Recording fees, transfer taxes and similarexpenses incidental to conveying the realproperty;

2. The pro rata portion of charges for publicservice, such as water, sewage, and trashcollection which are allocable to the periodsubsequent to the date of transfer of titleto the Agency, or the effective date ofpossession of such property by the Agency,whichever is earlier.

The Agency shall inform the owner that he may applyfor a rebate of the pro rata portion of any real propertytaxes paid, which are allocable to the period subsequent tothe date of transfer of the property to the Agency.

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M. [§ 1223] Purchase Price as Public Information

The purchase price and other consideration paid by theAgency for real property is public information and shall bemade available upon request.

N. [§ 1224] Service of Notice

Service of all notices required by Section 1200 shallbe made either by first class mail or by personal serviceupon the person notified.

XIII. [§ 1300] PROPERTY MANAGEMENT PRACTICES

A. [§ 1301] Short Term Rental

If the Agency permits an owner or tenant to occupy theacquired real property on a rental basis for a short termor for a period subject to termination by the Agency onshort notice, the amount of rent required shall not exceedthe lesser of the fair rental value to a short termoccupier or a pro rata portion of the fair rental value fora typical rental period. If the owner or tenant is anoccupant of a dwelling, the rental for the dwelling shallbe within his financial means.

B. [§ 1302] Notice to Vacate

The construction or development of a project shall beso scheduled that, to the greatest extent practicable, noeligible person occupying real property shall be requiredto move from a dwelling, or to move his business, withoutat least 90 days' written notice from the Agency of thedate by which such move is required. The Agency shallnotify each individual tenant to be displaced as well aseach owner-occupant.

C. [§ 1303] Eviction

Eviction may be undertaken for one or more of thefollowing reasons:

1. Failure to pay rent, excepting those caseswhere the failure to pay is due to theAgency's failure to keep the dwelling inhabitable condition, is the result ofharassment or retaliatory action or is the

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result of discontinuation or substantialinterruption of services;

2. Remaining in possession after expiration ortermination of the term;

3. Performance of a dangerous or illegal act onthe property;

4. Material breach of the rental agreement andfailure to correct such breach within 30days of notice;

5. Maintenance of a nuisance and failure toabate within a reasonable time followingnotice;

6. Refusal to accept one of a reasonable numberof offers of replacement dwellings;

7. The eviction is required by State or locallaw and cannot be prevented by reasonableefforts on the part of the Agency.

Eviction pursuant to this Section shall not affect atenant's right to relocation benefits where the tenant isotherwise entitled to such benefits.

D. [§ 1304] Status of Post-Acquisition Tenants

1. [§ 1305] Notice of Status

The Agency shall inform post-acquisition tenantsregarding the projected date of displacement and,periodically, should inform post-acquisition tenants of anychanges in this projection.

2. [§ 1306] Notice to Vacate

A post-acquisition tenant who occupies acquired realproperty on a rental basis for a short term and who isinformed that the property has been acquired for a publicuse shall be given at least 30 days' written notice oftermination of the tenancy.

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3. [§ 1307] Eligibility for Relocation Assistance and Payments

Post-acquisition tenants are not eligible forrelocation assistance and payments other than advisoryassistance to the extent determined by the Agency.

4. [§ 1308] Hardship Cases

When the displacement of a post-acquisition tenantcauses a hardship for that person because of a criticalhousing shortage, age, handicap, infirmity, lack offinancial means or other circumstance, the Agency shallprovide relocation advisory assistance and, may in itsdiscretion, provide other financial relocation benefits.Only at the discretion of the Agency would post-acquisitiontenants be provided last resort housing payments.

5. [§ 1309] Move from Permanent Housing

Where the Agency, on property it owns, is makinghousing available on a permanent basis, a post-acquisitiontenant who moves as a result of a written order from theAgency to vacate is eligible for relocation assistance andpayments if the order to vacate is related to a plan todemolish, or rehabilitate or change the use of suchdwelling units.

E. [§ 1310] Service of Notice

Service of all notices required by Section 1300 shallbe made either by first class mail or by personal serviceupon the person to be notified.

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