California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 6 - Department of Housing and Community Development Programs › Subchapter 1 - Relocation Assistance and Real Property Acquisition Guidelines › Article 2 - Relocation Assistance Advisory Program and Assurance of Comparable Replacement Housing › Section 6040 - Minimum Requirements of Relocation Assistance Advisory Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each relocation
					 assistance advisory program undertaken pursuant to this Article shall include,
					 at a minimum, such measures, facilities or services as may be necessary or
					 appropriate in order to:
(1) Fully inform
					 eligible persons under this Article within 60 days following the initiation of
					 negotiations but not later than the close of escrow on the property, for a
					 parcel as to the availability of relocation benefits and assistance and the
					 eligibility requirements therefor, as well as the procedures for obtaining such
					 benefits and assistance, in accordance with the requirements of section 6046.
					 For projects by private parties with an agreement with a public entity, the
					 "initiation of negotiations" shall be the later of the date of acquisition or
					 the date of the written agreement between the private entity and the public
					 entity for purposes of acquiring or developing the property for the
					 project.
(2) Determine the extent
					 of the need of each such eligible person for relocation assistance in
					 accordance with the requirements of section 6048.
(3) Assure eligible persons that within a
					 reasonable period of time prior to displacement there will be available
					 comparable replacement housing, meeting the criteria described in section
					 6008(c), sufficient in number and kind for and available to such eligible
					 persons.
(4) Provide current and
					 continuing information on the availability, prices, and rentals of comparable
					 sales and rental housing, and of comparable commercial properties and
					 locations, and as to security deposits, closing costs, typical down payments,
					 interest rates, and terms for residential property in the area.
(5) Assist each eligible person to complete
					 applications for payments and benefits.
(6) Assist each eligible, displaced person to
					 obtain and move to a comparable replacement dwelling.
Only adequate inspection will insure that a particular
						unit meets this standard. If a displaced person occupies a unit to which he is
						referred by the public entity and the unit does not satisfy the comparable
						replacement dwelling standard, the public entity has not fulfilled its
						obligation to assist the displaced person to obtain such a dwelling. Whenever
						this occurs the public entity shall offer to locate such a dwelling for the
						displaced person and to pay again all moving and related expenses. If the
						displaced person chooses not to move from the unit that he occupied following
						referral, the public entity shall not assert that he is ineligible to receive
						relocation assistance and benefits on the basis of that unit's failure to
						satisfy the comparable replacement dwelling standard.
(7) Assist each eligible person displaced
					 from his business or farm operation in obtaining and becoming established in a
					 suitable replacement location.
(8)
					 Provide any services required to insure that the relocation process does not
					 result in different or separate treatment on account of race, color, religion,
					 national origin, sex, marital status, familial status, or any basis protected
					 by state or federal anti-discrimination laws, or any other arbitrary
					 circumstances.
(9) Supply to such
					 eligible persons information concerning federal and state housing programs,
					 disaster loan and other programs administered by the Small Business
					 Administration, and other federal or state programs, offering assistance to
					 displaced persons.
(10) Provide
					 other advisory assistance to eligible persons in order to minimize their
					 hardships. It is recommended that, as needed, such assistance include
					 counseling and referrals with regard to housing, financing, employment,
					 training, health and welfare, as well as other assistance.
(11) Inform all persons who are expected to
					 be displaced about the eviction policies to be pursued in carrying out the
					 project, which policies shall be in accordance with the provisions of section
					 5058.