reglab/statecodes huggingface dataset:
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 6058 - Eviction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Eviction is
					 permissible only as a last resort. It in no way affects the eligibility of
					 evicted displaced persons for relocation payments. Relocation records must be
					 documented to reflect the specific circumstances surrounding the
					 eviction.
(b) Eviction shall be
					 undertaken only for one or more of the following reasons:
(1) Failure to pay rent, except in those
					 cases where the failure to pay is due to the lessor's failure to keep the
					 premises in habitable condition, is the result of harassment or retaliatory
					 action or is the result of discontinuation or substantial interruption of
					 services.
(2) Performance of a
					 dangerous, illegal act in the unit.
(3) Material breach of the rental agreement
					 and failure to correct breach within 30 days of notice.
(4) Maintenance of a nuisance and failure to
					 abate within a reasonable time following notice.
(5) Refusal to accept one of a reasonable
					 number of offers of replacement dwellings.
(6) The eviction is required by State or
					 local law and cannot be prevented by reasonable efforts on the part of the
					 public entity.
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 6060 - Evaluation of Relocation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A public entity is encouraged to evaluate
					 its relocation program, assessing the quality and quantity of services provided
					 as well as displacee satisfaction, to determine the adequacy of program
					 planning and to ascertain whether any persons have been denied the full
					 benefits and services to which they are entitled. The evaluation should be
					 based upon an annual or continual inspection of files and records, case
					 interviews, and inspection of replacement housing and business and farm
					 replacement locations and discussions with local individuals or organizations
					 familiar with relocation issues. A written evaluation should be prepared at
					 least annually.
(b) The files and
					 records of displaced persons and property owners should be selected at random.
					 The review should include any cases that were identified by previous monitoring
					 as requiring corrective action and should assess the public entity's progress
					 in taking corrective action. Both relocation and acquisition activities should
					 be covered by the review.
(1) The relocation
					 sample should include cases in which all payments have been completed and cases
					 in which the person has been displaced but all payments have not yet been made.
					 The sample should provide a basis for the reviewer to determine not only
					 whether payments were computed properly and made promptly, but also whether
					 displaced persons received proper notice of the full range of relocation
					 assistance and services to which they are entitled. Priority attention should
					 be given to cases in which a grievance has been filed or the agency has
					 determined that a person is ineligible for relocation benefits.
(2) The acquisition sample should be based on
					 cases in which settlement has been completed. However, if necessary to provide
					 a representative sample of acquisition activities, the reviewer should include
					 incomplete transactions in which negotiations have been
					 initiated.
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 3 - Relocation Payments › Section 6080 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of this Article is to set forth the types of,
						and specific eligibility criteria for, relocation payments to displaced
						persons. Basic eligibility conditions are set forth in section 6084. Specific
						conditions relating to particular payments are described in later
						sections.
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 3 - Relocation Payments › Section 6082 - Relocation Payments by Public Entity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A public entity shall make relocation payments to or on
						behalf of eligible displaced persons in accordance with and to the full extent
						permitted by this Article. The obligations described in this Article are in
						addition to those in Article 6.
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 3 - Relocation Payments › Section 6084 - Basic Eligibility Conditions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A person establishes basic eligibility for relocation
						payments if he satisfies the conditions described in section 6034. A person who
						moves from real property or who moves his personal property from real property
						because he will be displaced from other real property on which he conducts a
						business or farm operation, establishes eligibility on the basis of the move
						from such other property only for payments made pursuant to section
						6090.
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 3 - Relocation Payments › Section 6086 - Notice of Intent to Displace

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A public entity may issue a written Notice of Intent to
						Displace at any time after forming a reasonable expectation of acquiring real
						property. Such a notice, by establishing eligibility prior to acquisition, will
						enable a public entity to respond to hardship and other
						situations.
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 3 - Relocation Payments › Section 6088 - Filing of Claims; Submission of Tax Returns

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All claims filed with the public entity shall be
						submitted within eighteen months of the date on which the claimant receives
						final payment for the property or the date on which he moves, whichever is
						later. The displacing entity may extend this period upon a proper showing of
						good cause.
Except where specifically provided otherwise a claimant
						shall not be required to submit a copy of his tax returns in support of a claim
						for relocation payments.
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 3 - Relocation Payments › Section 6090 - Actual Reasonable Moving Expenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) General. A public entity shall make a
					 payment to a displaced person who satisfies the pertinent eligibility
					 requirements of section 6084 and the requirements of this section, for actual
					 reasonable expenses specified below and subject to the limitations set forth in
					 subsection (c) of this section for moving himself, his family, business, farm
					 operation or other personal property. In all cases the amount of a payment
					 shall not exceed the reasonable cost of accomplishing the activity in
					 connection with which a claim has been filed.
The moving and related expenses for which claims may be
						filed shall include:
(1)
					 Transportation of persons and property not to exceed a distance of 50 miles
					 from the site from which displaced, except where relocation beyond such
					 distance of 50 miles is justified;
(2) Packing, crating, unpacking and uncrating
					 personal property;
(3) Such storage
					 of personal property, for a period generally not to exceed 12 months, as
					 determined by the public entity to be necessary in connection with
					 relocation;
(4) Insurance of
					 personal property while in storage or transit; and
(5) The reasonable replacement value of
					 property lost, stolen or damaged (not through the fault or negligence of the
					 displaced person, his agent, or employee) in the process of moving, where
					 insurance covering such loss, theft or damage is not reasonably
					 available.
(6) The cost of
					 disconnecting, dismantling, removing, reassembling, reconnecting and
					 reinstalling machinery, equipment or other personal property (including goods
					 and inventory kept for sale) not acquired by the public entity, including
					 connection charges imposed by public utilities for starting utility
					 service.
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 3 - Relocation Payments › Section 6094 - Actual Reasonable Expenses in Searching for a Replacement Business or Farm

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A displaced person who satisfies the pertinent
						eligibility requirements of section 6090 with respect to actual reasonable
						moving expenses, shall be eligible for a payment in an amount not to exceed
						$1,000, in searching for a replacement business or farm, including expenses
						incurred for:
(a)
					 Transportation;
(b) Meals and
					 lodging away from home;
(c) Time
					 spent in searching, based on the hourly wage rate of the salary or earnings of
					 the displaced person or his representative; and
(d) Fees paid to a real estate agent or
					 broker to locate a replacement business or farm.
1.
						Amendment of first paragraph and subsection (c) and new NOTE filed 8-12-97;
						operative 9-11-97 (Register 97, No. 33).
Note: Authority cited: Section 50460, Health and Safety
						  Code. Reference: Section 7262(a)(3), Government
						  Code.
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 3 - Relocation Payments › Section 6096 - Moving Expenses-Outdoor Advertising Businesses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A displaced person who conducts a lawful activity
						primarily for assisting in the purchase, sale, resale, manufacture, processing,
						or marketing of products, commodities, personal property, or services by the
						erection and maintenance of outdoor advertising displays is entitled to payment
						for the reasonable cost of moving such displays or their in-place value,
						whichever is lesser.
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 3 - Relocation Payments › Section 6098 - Alternate Payments-Individuals and Families

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A person or family, who is displaced from a dwelling and
						is eligible for a payment for actual reasonable moving expenses under section
						6090, may elect to receive and shall be paid, in lieu of such payment a moving
						expense and dislocation allowance determined in accordance with established
						Federal Highway Administration schedules maintained by the California
						Department of Transportation.
1.
						Amendment of subsection (a) filed 11-5-76 as an emergency; designated effective
						11-27-76 (Register 76, No. 44).
2. Certificate of Compliance filed
						2-16-77 (Register 77, No. 8).
3. Amendment of section and new NOTE
						filed 8-12-97; operative 9-11-97 (Register 97, No.
						33).
Note: Authority cited: Section 50460, Health and Safety
						  Code. Reference: Section 7262(b), Government
						  Code.
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 3 - Relocation Payments › Section 6100 - Alternate Payments-Businesses and Farm Operations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) General.
(1) A person who is displaced from his place
					 of business or farm operation and is eligible for payments under sections 6090,
					 6092, 6094, or 6096, and complies with the requirements of this section, may
					 elect to receive and shall be paid, in lieu of such payments, a payment equal
					 to the average annual net earnings of the business or farm operation (but not
					 including a business as described in section 6096) as determined in accordance
					 with subsection (b) below, except that such payment shall be not less than
					 $1,000 nor more than $20,000. For purposes of this section, the dollar
					 limitation specified in the preceding sentence shall apply to a single
					 business, regardless of whether it is carried on under one or more legal
					 entities.
(2) Loss of Goodwill.
					 When payment under this section will precede settlement of a claim for
					 compensation for loss of goodwill under the Eminent Domain Law, the public
					 entity before tendering payment shall state in writing what portion of the
					 payment, if any, is considered to be compensation for loss of goodwill and
					 shall explain in writing that any payment made pursuant to Code of Civil
					 Procedure, Sections 1263.510
et seq.
(the Eminent Domain Law,
					 Chapter 9, Article 6--"Compensation for Loss of Goodwill") will be reduced in
					 the same amount. The portion considered to be compensation for loss of goodwill
					 shall not exceed the difference between the payment made under this section and
					 an amount which reasonably approximates the payments for which the displaced
					 person otherwise would be eligible under Sections 6090, 6092, 6094, and 6096.
					 Failure to provide such written statement and explanation shall constitute a
					 conclusive indication that no portion of the payment is considered to be
					 compensation for loss of goodwill for the purposes of that portion of the Code
					 of Civil Procedure referenced above.
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 3 - Relocation Payments › Section 6102 - Replacement Housing Payments for Homeowners

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) General. A public entity shall make to a
					 person who is displaced from a dwelling and who satisfies the pertinent
					 eligibility requirements of section 6084 and the conditions of subsection (b)
					 of this section, a payment not to exceed a combined total of $22,500 for:
(1) The amount, if any, which when added to
					 the acquisition cost of the dwelling acquired for the project equals the
					 reasonable cost, as determined in accordance with subsection (c), of a
					 comparable replacement dwelling. This amount shall not exceed the difference
					 between the acquisition price of the acquired dwelling and the actual purchase
					 price of the replacement dwelling, except where a displaced person, in the
					 circumstance described in paragraph 6108(a)(1), is willing to use the extra
					 money to improve the condition of the dwelling.
(2) The amount, if any, to compensate the
					 displaced person for any increased interest costs, as determined in accordance
					 with subsection (c), he is required to pay for financing the acquisition of a
					 replacement dwelling. The payment shall not be made unless the dwelling
					 acquired by the public entity was encumbered by a bona fide mortgage which was
					 a valid lien on the dwelling for not less than 180 days prior to the initiation
					 of negotiations for acquisition of such dwelling. (This time requirement may be
					 modified in accordance with the provisions of subsection (b) below.)
(3) Reasonable expenses, determined in
					 accordance with subsection (c) of this section, incurred by the displaced
					 person incident to the purchase of the replacement dwelling.
(4) In accordance with section 6108, the cost
					 of rehabilitating a dwelling which does not satisfy the decent, safe and
					 sanitary standard.
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 3 - Relocation Payments › Section 6106 - Proration of Payments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purpose of calculating an alternate payment under
						section 6098 or a replacement housing payment under section 6102 or 6104, two
						or more individuals (whether they are members of one family or not) living
						together in and displaced from a single dwelling shall be regarded as one
						person.
Where a tenant is sharing a single-family dwelling with
						an owner-occupant and paying the owner-occupant rent for the privilege, the
						tenant shall not be entitled to more than one-half of the rental supplement
						otherwise payable. The owner-occupant shall not be required to share the
						payment to which he is entitled or accept a prorated amount.
1.
						Amendment filed 11-5-76 as an emergency; designated effective 11-27-76
						(Register 76, No. 44).
2. Certificate of Compliance filed 2-16-77
						(Register 77, No. 8).
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 3 - Relocation Payments › Section 6108 - Condition of Replacement Dwelling

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When a displaced person qualifies for a
					 replacement housing payment (under section 6102 or 6104) by purchasing or
					 renting a replacement dwelling, the unit, as a general rule, must be decent,
					 safe and sanitary. There are three exceptions. One is described in paragraph
					 6040(a)(6). The others are:
(1) If the
					 purchase of such a dwelling is the result of the public entity's failure to
					 identify a reasonable number of comparable replacement dwellings as required or
					 if the dwelling is one to which the person was referred by the public entity,
					 the condition of the dwelling does not affect eligibility for a replacement
					 housing payment.
(2) If the
					 purchase of such a dwelling is not the result of a public entity's referral or
					 failure to refer, the otherwise eligible person qualifies for a replacement
					 housing payment if the unit is brought into compliance with the decent, safe
					 and sanitary standard. In this situation payment shall be limited to the amount
					 that would be provided in connection with the purchase of a similar, comparable
					 replacement dwelling or the sum of the actual costs of acquisition (including
					 related expenses) and rehabilitation, whichever is less.
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 3 - Relocation Payments › Section 6110 - Certificate of Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon request by a displaced homeowner or tenant who has
						not yet purchased and occupied a replacement dwelling, but who is otherwise
						eligible for a replacement housing payment, the public entity concerned shall
						certify to any interested party, financial institution, or lending agency, that
						the displaced homeowner or tenant will be eligible for the payment of a
						specific sum if he purchases and occupies a dwelling within the time limits
						prescribed.
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 3 - Relocation Payments › Section 6114 - Affected Property

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
					 addition to the payments required by Section 7262 of the Act (see sections
					 6090, 6092, 6094, 6096, 6098 and 6100), as a cost of acquisition, the public
					 entity shall make a payment to any affected property owner meeting the
					 requirements of this section.
(b)
					 Such affected property is immediately contiguous to property acquired for
					 airport purposes and the owner shall have owned the property affected by
					 acquisition by the public entity not less than 180 days prior to the initiation
					 of negotiation for acquisition of the acquired property.
(c) Such payment, not to exceed fifteen
					 thousand dollars ($22,500), shall be the amount, if any, which equals the
					 actual decline in the fair market value of the property of the affected
					 property owner caused by the acquisition by the public entity for airport
					 purposes of other real property and a change in the use of such
					 property.
(d) The amount, if any,
					 of actual decline in fair market value of affected property shall be determined
					 according to rules and regulations adopted by the public entity. Such rules and
					 regulations shall limit payment under this section only to such circumstances
					 in which the decline in fair market value of affected property is reasonably
					 related to objective physical change in the use of acquired property.
(e) "Affected property" means any real
					 property which actually declines in fair market value because of acquisition by
					 a public entity for public use of other real property and a change in the use
					 of the real property acquired by the public entity.
1.
						Amendment of subsection (c) filed 10-7-99; operative 11-6-99 (Register 99, No.
						41).
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 4 - Last Resort Housing › Section 6120 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of this part is to set forth the criteria and
						procedures for assuring that if the action of a public entity results, or will
						result in displacement, and comparable replacement housing will not be
						available as needed, the public entity shall use its funds or funds authorized
						for the project to provide such housing.
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 4 - Last Resort Housing › Section 6122 - Determination of Need for Last Resort Housing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If on the basis of data derived from surveys and analyses
						which satisfy the requirements of sections 6048 and 6052, the public entity is
						unable to demonstrate that comparable replacement housing will be available as
						required, the head of the public entity shall determine whether to use the
						public entity's funds or the funds authorized for the project to provide such
						necessary replacement housing or to modify, suspend or terminate the project or
						undertaking.
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 4 - Last Resort Housing › Section 6124 - Development of Replacement Housing Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) General.
(1) Following the determination pursuant to
					 section 6122, the head of the displacing public entity shall develop or cause
					 to be developed a replacement housing plan to produce a sufficient number of
					 comparable replacement dwellings. The plan shall specify how, when and where
					 the housing will be provided, how it will be financed and the amount of funds
					 to be diverted to such housing, the prices at which it will be rented or sold
					 to the families and individuals to be displaced, the arrangements for housing
					 management and social services as appropriate, the suitability of the location
					 and environmental impact of the proposed housing, the arrangements for
					 maintaining rent levels appropriate for the persons to be rehoused, and the
					 disposition of proceeds from rental, sale, or resale of such housing. If a
					 referendum requirement or zoning presents an obstacle, the issue shall be
					 addressed.
(2) All contracts and
					 subcontracts for the construction, rehabilitation or management of last resort
					 housing shall be let without discrimination as to race, sex, marital status,
					 color, religion, national origin, ancestry or other arbitrary circumstance and
					 pursuant to an affirmative action program. The public entity shall encourage
					 participation by minority persons in all levels of construction,
					 rehabilitation, planning, financing and management of last resort housing. When
					 the housing will be located in an area of minority concentration, the public
					 entity shall seek to secure significant participation of minorities in these
					 activities. The public entity shall require that, to the greatest extent
					 feasible, opportunities for training and employment arising in connection with
					 the planning, construction, rehabilitation, and operation of last resort
					 housing be given to persons of low income residing in the area of such housing
					 and shall determine and implement means to secure the participation of small
					 businesses in the performance of contracts for such work.
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 4 - Last Resort Housing › Section 6126 - Submission of Plan for Comment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The head of the displacing public entity shall submit the
						plan and all significant amendments to the local housing and planning agencies
						for comment and to assure that the plan accurately reflects housing conditions
						and needs in the relocation area. Reviewing agencies shall have 30 calendar
						days following receipt of the plan to prepare their comments. Copies of all
						comments received shall be forwarded to the committee and available to all
						interested persons.
General notice of the plan shall be provided. Notice
						shall be designed to reach the residents of the relocation area; it shall be in
						accordance with the provisions of paragraph 6046(a)(3) and subsection 6046(b);
						and it shall be provided 30 days prior to submission to the committee, or the
						local governing body or head of state agency for approval.
1.
						Amendment of first paragraph and new NOTE filed 8-12-97; operative 9-11-97
						(Register 97, No. 33).
Note: Authority cited: Section 50460, Health and Safety
						  Code. Reference: Sections 7260.5(a)(5) and 7264.5, Government
						  Code.
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 4 - Last Resort Housing › Section 6128 - Determination by Displacing Public Entity of Feasibility and Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon receipt and consideration of the comments, the
						displacing public entity shall determine whether or not:
(a) The plan is feasible.
(b) The plan complies with applicable
					 environmental standards and procedures.
(c) The plan is compatible with the local
					 general plan and housing element and the areawide housing plan or strategy.
If any of the above determinations by the displacing
						public entity is negative the displacing public entity shall revise the plan as
						necessary. Substantial modifications in the plan shall be submitted for review
						and comment as provided in section 6126. If necessary for timely implementation
						of the plan or execution of the project, the head of the displacing public
						entity may shorten the time allowed in section 6126 for review of
						modifications.
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 4 - Last Resort Housing › Section 6130 - Implementation of the Replacement Housing Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon making the determinations required by section 6128,
						the head of the displacing entity may expend funds and take such other actions
						as necessary to provide, rehabilitate, or construct replacement housing
						pursuant to the approved replacement housing plan through methods including but
						not limited to the following:
(a)
					 Transfer of funds to state and local housing agencies.
(b) Contract with organizations experienced
					 in the development of housing.
(c)
					 Direct construction by displacing public entity.
Whenever practicable, the head of the displacing public
						entity should utilize the services of federal, state, or local housing
						agencies, or other agencies having experience in the administration or conduct
						of similar housing programs.
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 4 - Last Resort Housing › Section 6132 - Housing Production

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The head of the displacing public entity shall monitor
						the production of the last resort housing to ensure that it is in accordance
						with the plan.
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 4 - Last Resort Housing › Section 6134 - Jointly Sponsored Development

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where several agencies are administering programs
						resulting in residential displacement, opportunities shall be sought for joint
						development and financing to aggregate resources in order most efficiently to
						provide replacement housing in sufficient quantity to satisfy the aggregate
						needs of such programs.
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 4 - Last Resort Housing › Section 6136 - Last Resort Housing in Lieu of Payments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A public entity shall not require a displaced person to
						accept a dwelling provided pursuant to this Article in lieu of the displaced
						person's acquisition payment, if any, for the real property from which he is
						displaced or the relocation payments for which he may be
						eligible.
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 4 - Last Resort Housing › Section 6138 - Conformity with the Act and Other Statutes, Policies and Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Civil Rights
					 and Other Acts. The administration of this Article shall be in accord with the
					 provisions of all applicable federal and state non-discrimination laws and
					 regulations issued pursuant thereto.
(b) Dwelling and Relocation Standards.
					 Determinations made pursuant to section 6122 and any plan developed and
					 implemented for providing replacement housing and all such housing provided
					 thereunder shall be in conformity with the standards established in the Act and
					 Guidelines.
1.
						Amendment of subsection (a) and new NOTE filed 8-12-97; operative 9-11-97
						(Register 97, No. 33).
Note: Authority cited: Section 50460, Health and Safety
						  Code. Reference: Section 7260.5(c)(4), Government
						  Code.
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 4 - Last Resort Housing › Section 6139 - Last Resort Housing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Whenever comparable replacement dwellings are not available, or are not
					 available within the monetary limits of Government Code sections 7263 and 7264,
					 as appropriate, the displacing agency shall provide additional or alternative
					 assistance under the provisions of this part.
(b) The methods of providing replacement
					 housing of last resort include, but are not limited to:
(1) A replacement housing payment calculated
					 in accordance with the provisions of sections 6102 or 6104, as appropriate,
					 even if the calculation is in excess of the monetary limits of Government Code
					 sections 7263 and 7264. A rental assistance payment under this part shall be
					 paid to the displaced person in a lump sum, or at the discretion of the
					 displacing agency, $5,250 shall be paid to the displaced person in a lump sum
					 upon displacement and the remainder of the payments shall be paid to the
					 displacee in periodic payments over a period not to exceed 42 months unless
					 otherwise specified by statute.
(2)
					 Major rehabilitation of and/or additions to an existing replacement dwelling in
					 a sum equal to or greater than the payment to which the displaced person is
					 entitled under subsection (b)(1).
(3) The construction of a new replacement
					 dwelling in a sum equal to or greater than the payment to which the displaced
					 person is entitled under subsection (b)(1) of this section.
(4) The relocation and, if necessary,
					 rehabilitation of a dwelling.
(5)
					 The purchase of land and/or a replacement dwelling by the displacing agency and
					 subsequent sale or lease to, or exchange with a displaced person.
(6) For purposes of accommodating the needs
					 of handicapped persons, the removal of barriers to the
					 handicapped.
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 5 - Grievance Procedures › Section 6150 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of this article is to set forth guidelines
						for processing appeals from public entity determinations as to eligibility, the
						amount of payment, and for processing appeals from persons aggrieved by a
						public entity's failure to refer them to comparable permanent or adequate
						temporary replacement housing. Public entities shall establish procedures to
						implement the provisions of this Article.
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 5 - Grievance Procedures › Section 6152 - Right of Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Any complainant, that is any person who believes himself aggrieved by a
					 determination as to eligibility, the amount of payment, the failure of the
					 public entity to provide comparable permanent or adequate temporary replacement
					 housing or the public entity's property management practices may, at his
					 election, have his claim reviewed and reconsidered by the head of the public
					 entity or an authorized designee (other than the person who made the
					 determination in question) in accordance with the procedures set forth in this
					 article, as supplemented by the procedures the public entity shall establish
					 for such review and reconsideration.
(b) A person or organization directly
					 affected by the relocation plan may petition the department to review the final
					 relocation plan of a public entity to determine if the plan is in compliance
					 with state laws and guidelines or review the implementation of a relocation
					 plan to determine if the public entity is acting in compliance with its
					 relocation plan. Review undertaken by the department under this section shall
					 be in accordance with the provisions of sections 6158 and may be informal.
					 Before conducting an investigation, the department should attempt to constrain
					 disputes between parties.
Failure to petition the department shall not limit a
						complainant's right to seek judicial review.
(c) If a relocation appeals board has been
					 established pursuant to Section 33417.5 of the Health and Safety Code, a city
					 by ordinance may designate the board to hear appeals from local public entities
					 which do not have an appeal process. In the absence of such an ordinance,
					 public entities shall establish procedures to implement the provisions of this
					 Article.
1.
						Amendment of subsection (b) and new NOTE filed 8-12-97; operative 9-11-97
						(Register 97, No. 33).
Note: Authority cited: Section 50460, Health and Safety
						  Code. Reference: Section 7266, Government
						  Code.
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 5 - Grievance Procedures › Section 6154 - Notification to Complainant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the public entity denies or refuses to consider a
						claim, the public entity's notification to the complainant of its determination
						shall inform the complainant of its reasons and the applicable procedures for
						obtaining review of the decision. If necessary, such notification shall be
						printed in a language other than English in accordance with section
						6046.
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 5 - Grievance Procedures › Section 6156 - Stages of Review by a Public Entity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Request for Further Written Information.
					 A complainant may request the public entity to provide him with a full written
					 explanation of its determination and the basis therefore, if he feels that the
					 explanation accompanying the payment of the claim or notice of the entity's
					 determination was incorrect or inadequate. The public entity shall provide such
					 an explanation to the complainant within three weeks of its receipt of his
					 request.
(b) Informal Oral
					 Presentation. A complainant may request an informal oral presentation before
					 seeking formal review and reconsideration. A request for an informal oral
					 presentation shall be filed within the period described in subsection (d) of
					 this section, and within 15 days of the request the public entity shall afford
					 the complainant the opportunity to make such presentation. The complainant may
					 be represented by an attorney or other person of his choosing. This oral
					 presentation shall enable the complainant to discuss the claim with the head of
					 the public entity or a designee (other than the person who made the initial
					 determination) having authority to revise the initial determination on the
					 claim. The public entity shall make a summary of the matters discussed in the
					 oral presentation to be included as part of its file. The right to formal
					 review and reconsideration shall not be conditioned upon requesting an oral
					 presentation.
(c) Written Request
					 for Review and Reconsideration. At any time within the period described in
					 subsection (d) a complainant may file a written request for formal review and
					 reconsideration. The complainant may include in the request for review any
					 statement of fact within the complainant's knowledge or belief or other
					 material which may have a bearing on the appeal. If the complainant requests
					 more time to gather and prepare additional material for consideration or review
					 and demonstrates a reasonable basis therefor, the complainant's request should
					 be granted.
(d) Time Limit for
					 Requesting Review. A complainant desiring either an informal oral presentation
					 or seeking a formal review and reconsideration shall make a request to the
					 public entity within eighteen months following the date he moves from the
					 property or the date he receives final compensation for the property, whichever
					 is later.
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 5 - Grievance Procedures › Section 6158 - Formal Review and Reconsideration by the Public Entity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) General. The public entity shall consider
					 the request for review and shall decide whether a modification of its initial
					 determination is necessary. This review shall be conducted by the head of the
					 public entity or an authorized, impartial designee. (The designee may be a
					 committee). A designee shall have the authority to revise the initial
					 determination or the determination of a previous oral presentation. The public
					 entity shall consider every aggrieved person's complaint regardless of form,
					 and shall, if necessary provide assistance to the claimant in preparing the
					 written claim. When a claimant seeks review, the public entity shall inform him
					 that he has the right to be represented by an attorney, to present his case by
					 oral or documentary evidence, to submit rebuttal evidence, to conduct such
					 cross-examination as may be required for a full and true disclosure of facts,
					 and to seek judicial review once he has exhausted administrative
					 appeal.
(b) Scope of Review. The
					 public entity shall review and reconsider its initial determination of the
					 claimant's case in light of:
(1) All material
					 upon which the public agency based its original determination including all
					 applicable rules and regulations, except that no evidence shall be relied upon
					 where a claimant has been improperly denied an opportunity to controvert the
					 evidence or cross-examine the witness.
(2) The reasons given by the claimant for
					 requesting review and reconsideration of the claim.
(3) Any additional written or relevant
					 documentary material submitted by the claimant.
(4) Any further information which the public
					 entity in its discretion, obtains by request, investigation, or research, to
					 ensure fair and full review of the claim.
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 5 - Grievance Procedures › Section 6160 - Refusals to Waive Time Limitation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever a public entity rejects a request by a claimant
						for a waiver of the time limits provided in section 6088, a claimant may file a
						written request for review of this decision in accordance with the procedures
						set forth in sections 6156 and 6158, except that such written request for
						review shall be filed within 90 days of the claimant's receipt of the public
						entity's determination.