California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 15 - Rental Housing Construction Program-Proposition 84 › Article 2 - Program Requirements › Section 8091 - Relocation Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The sponsor of a project resulting in
					 displacement of residential tenants shall be solely responsible for providing
					 the assistance and benefits set forth in this section, and shall agree to
					 indemnify and hold harmless the department from any liabilities or claims for
					 relocation related costs.
(b) All
					 tenants in occupancy in a property who are permanently displaced as a direct
					 result of the development of the project shall be entitled to relocation
					 benefits and assistance as provided in sections 7260, 7261, 7262, 7264, 7264.5,
					 7269, 7269.1, 7272 and 7272.3 of the Government Code. Displaced tenants who are
					 not eligible households under this program shall be provided relocation
					 benefits and assistance from funds other than program funds.
(c) The sponsor shall prepare a relocation
					 plan in conformance with the provisions of section 6038(b) of this title based
					 on the scope of the project and the extent of anticipated displacement. The
					 relocation plan shall be subject to the review and approval of the department
					 prior to the disbursement of program funds.
(d) All eligible households who are
					 permanently displaced as a direct result of the development of the project
					 shall be entitled, upon initial occupancy of the rental housing development, to
					 occupy assisted units meeting the tenant occupancy standards set forth in
					 section 8087.
(e) All ineligible
					 households who are permanently displaced as a direct result of the development
					 of the project shall be entitled, upon initial occupancy of the rental housing
					 development, to occupy any available nonassisted units.
(f) Notwithstanding the preceding
					 subdivisions, tenants who are notified in writing prior to their occupancy of
					 an existing unit that such unit may be demolished as a result of funding
					 provided under the program shall not be eligible for relocation benefits and
					 assistance under this section. The form of any notices used for this purpose
					 shall be subject to department approval.
1. New
						section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No.
						3). A Certificate of Compliance must be transmitted to OAL within 120 days or
						emergency language will be repealed by operation of law on
						4-30-90.
2. New section refiled 4-26-90 as an emergency; operative
						4-26-90 (Register 90, No. 23). A Certificate of Compliance must be transmitted
						to OAL within 120 days or emergency language will be repealed by operation of
						law on 8-24-90.
3. New section refiled 8-27-90 as an emergency;
						operative 8-27-90 (Register 90, No. 42). A Certificate of Compliance must be
						transmitted to OAL by 12-26-90 or emergency language will be repealed by
						operation of law on the following day.
4. New section refiled
						12-19-90 as an emergency pursuant to Health and Safety Code section 50771.3;
						operative 12-19-90 (Register 91, No. 4). A Certificate of Compliance must be
						transmitted to OAL by 4-18-91 or emergency language will be repealed by
						operation of law on the following day.
5. Certificate of Compliance
						as to 12-19-90 order transmitted to OAL 1-4-91; disapproved by OAL 2-4-91
						(Register 91, No. 13).
6. New section refiled 2-20-91 as an
						emergency; operative 2-20-91 (Register 91, No. 13). A Certificate of Compliance
						must be transmitted to OAL by 6-17-91 or emergency language will be repealed by
						operation of law on the following day.
7. Certificate of Compliance
						as to 6-14-91 order including amendment of subsections (a), (b) and NOTE
						transmitted to OAL 5-15-91 and filed 6-14-91 (Register 91, No.
						38).
8. Editorial correction of printing error in subsection (c)
						(Register 91, No. 46).
Note: Authority cited: Section 50771.1, Health and
						  Safety Code. Reference: Sections 7260, 7261, 7262, 7264, 7264.5, 7269, 7269.1,
						  7272 and 7272.3, Government Code, and Sections 50771.1 and 53133, Health and
						  Safety Code.