reglab/statecodes huggingface dataset:
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 5.5 - Qualification for Public Benefits › Section 5804 - Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions of this chapter shall apply to the following
				  housing regulatory programs administered by the Department, with regulations
				  located in the Division of Codes and Standards (hereinafter the
				  Division):
(a) Employee Housing
				(Chapter 1, Subchapter 3, beginning with § 600);
(b) Mobilehome Parks (Chapter 2, Subchapters
				1 and 2, beginning with § 1000);
(c) Factory-Built Housing (Chapter 3,
				Subchapter 1, beginning with § 3000);
(d) Manufactured Housing (Chapter 3,
				Subchapter 2, beginning with § 4000);
(e) Occupational Licensing (Chapter 4,
				Subchapter 1, beginning with § 5000, and Subchapter 2, commencing with
				§ 5300).
1. New section
				  filed 3-20-98 as an emergency; operative 4-6-98 (Register 98, No. 12). A
				  Certificate of Compliance must be transmitted to OAL by 8-4-98 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. New section refiled 8-4-98 as an emergency; operative 8-4-98
				  (Register 98, No. 32). A Certificate of Compliance must be transmitted to OAL
				  by 12-2-98 or emergency language will be repealed by operation of law on the
				  following day.
3. Certificate of Compliance as to 8-4-98 order
				  transmitted to OAL 12-1-98 and filed 1-14-99 (Register 99, No.
				  3).
Note: Authority cited: Sections 17003.5, 17020, 18015,
					 18020, 18300, 19990 and 19991.3, Health and Safety Code; and Section 15376,
					 Government Code. Reference: 8 U.S.C. Sections 1621, 1641 and 1642; Sections
					 17003.5, 17020, 18015, 18020, 18300, 19990 and 19991.3, Health and Safety Code;
					 and Section 15376, Government Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 5.5 - Qualification for Public Benefits › Section 5806 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions shall apply to this chapter:
(a) "Alien" means any person not a citizen or
				national of the United States.
(b)
				"Applicant" means a person applying for a public benefit subject to this
				chapter. "Applicant" does not include a partnership or a corporation.
(c) "Department" means the California
				Department of Housing and Community Development.
(d) "Enforcement Agency" means the department
				or, for purposes of the Employee Housing regulations (Chapter 1, Subchapter 3,
				beginning with § 600), an enforcement agency as defined in § 17007 of
				the Health and Safety Code, or, for purposes of the Mobilehome Parks
				regulations (Chapter 2, Subchapters 1 and 2, beginning with § 1000), an
				enforcement agency as defined in § 18207 of the Health and Safety
				Code.
(e) "INA" means the
				Immigration and Nationality Act (8 U.S.C. § 1101
et
				seq
.).
(f) "INS" means the
				United States Immigration and Naturalization Service.
(g) "Nonimmigrant" means the same as in
				Section 101(a)(15) of the INA (8 U.S.C. § 1101 (a)(15)).
(h) "PRWORA" means the Personal
				Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. No.
				104-193, 8 U.S.C. § 1621).
(i)
				"Public Benefit" means any of the following:
(1) A permit to operate employee housing,
				including a permit renewal, multiple year permit or a conditional permit,
				obtained under Employee Housing regulations, Article 4 of Chapter 1 of this
				Division, beginning with § 631;
(2) A permit to operate a mobilehome park or
				special occupancy park, obtained under Mobilehome Parks Act regulations,
				Chapter 2 of this Division, beginning with § 1000;
(3) A certification by the Department of a
				design approval agency, quality assurance agency, or quality assurance
				inspector, obtained under Factory-Built Housing regulations, Subchapter 1 of
				Chapter 3 of this Division, beginning with § 3000;
(4) A certification by the department of a
				design approval agency, quality assurance agency, or quality assurance
				inspector, obtained under Manufactured Housing regulations, Article 5 of
				Subchapter 2 of Chapter 3 of this Division, beginning with §
				4850.
(5) An occupational license,
				temporary permit, instructor approval, or 90-day certificate issued by the
				department to a manufacturer, dealer, distributor, salesperson, 90-day
				certificate holder, course provider, or instructor, obtained under Manufactured
				Housing Sales, Occupational Licensing and Education regulations, Subchapter 1
				of Chapter 4 of this Division, beginning with § 5000, or Subchapter 2 of
				Chapter 4 of this Division, beginning with § 5300.)
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 5.5 - Qualification for Public Benefits › Section 5808 - Nondiscrimination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All eligibility requirements contained in this chapter shall
				  be applied without regard to the race, creed, color, gender, religion, age,
				  disability, familial status or national origin of individuals applying for
				  public benefits.
1. New section
				  filed 3-20-98 as an emergency; operative 4-6-98 (Register 98, No. 12). A
				  Certificate of Compliance must be transmitted to OAL by 8-4-98 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. New section refiled 8-4-98 as an emergency; operative 8-4-98
				  (Register 98, No. 32). A Certificate of Compliance must be transmitted to OAL
				  by 12-2-98 or emergency language will be repealed by operation of law on the
				  following day.
3. Certificate of Compliance as to 8-4-98 order,
				  including amendment of section, transmitted to OAL 12-1-98 and filed 1-14-99
				  (Register 99, No. 3).
Note: Authority cited: Sections 17003.5, 17020, 18015,
					 18020, 18300, 19990 and 19991.3, Health and Safety Code; and Section 15376,
					 Government Code. Reference: 8 U.S.C. Sections 1621, 1641 and 1642; Sections
					 17003.5, 17020, 18015, 18020, 18300, 19990 and 19991.3, Health and Safety Code;
					 and Section 15376, Government Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 5.5 - Qualification for Public Benefits › Section 5810 - Eligibility Requirements for Public Benefits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Eligibility must be determined for each
				recipient of a public benefit subject to this chapter.
(b) To be eligible to receive a public
				benefit subject to this chapter, a person must be a United States citizen or
				national, or, pursuant to Section 411 of the PRWORA, one of the following:
(1) a qualified alien;
(2) a nonimmigrant alien under the INA;
				or
(3) an alien who is paroled into
				the United States under § 212(d)(5) of the INA (8 U.S.C. §
				1182(d)(5)) for less than one year.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 5.5 - Qualification for Public Benefits › Section 5812 - Time of Eligibility Determination; Period of Effect of a Public Benefit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Eligibility of
				an applicant shall be determined at the time of application for a public
				benefit, prior to issuance of the public benefit being applied for, except as
				provided in Section 5816(g). If the enforcement agency investigates an
				applicant and does not determine that the applicant is eligible to receive
				public benefits pursuant to this chapter, the public benefit shall be denied,
				except as provided in Section 5816(g).
(b) Except as provided in Section 5816(g),
				the continuing eligibility for public benefits of a person who has received a
				public benefit prior to the effective date of these regulations shall be
				established prior to an enforcement agency's approval of any renewal or other
				change concerning the public benefit which, pursuant to program regulations,
				requires the enforcement agency's prior approval. If a person fails to
				establish eligibility, the enforcement agency shall withhold its approval of
				the renewal or other change, except as provided in Section 5816(g). Under no
				circumstances may a public benefit provided to a person be transferred to an
				unqualified alien, nor may a public benefit be used in a manner which would
				allow an unqualified alien to be a beneficiary.
(c) All determinations of ineligibility shall
				be promptly transmitted to the applicant in writing, and shall include the
				reasons for the determination and a summary of the applicable appeal procedures
				set forth in section 5818.
1. New section
				  filed 3-20-98 as an emergency; operative 4-6-98 (Register 98, No. 12). A
				  Certificate of Compliance must be transmitted to OAL by 8-4-98 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. New section refiled 8-4-98 as an emergency; operative 8-4-98
				  (Register 98, No. 32). A Certificate of Compliance must be transmitted to OAL
				  by 12-2-98 or emergency language will be repealed by operation of law on the
				  following day.
3. Certificate of Compliance as to 8-4-98 order,
				  including amendment of subsection (c), transmitted to OAL 12-1-98 and filed
				  1-14-99 (Register 99, No. 3).
Note: Authority cited: Sections 17003.5, 17020, 18015,
					 18020, 18300, 19990 and 19991.3, Health and Safety Code; and Section 15376,
					 Government Code. Reference: 8 U.S.C. Sections 1621, 1641 and 1642; Sections
					 17003.5, 17020, 18015, 18020, 18300, 19990 and 19991.3, Health and Safety Code;
					 and Section 15376, Government Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 5.5 - Qualification for Public Benefits › Section 5818 - Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person
				determined to be ineligible to receive public benefits by an enforcement agency
				pursuant to this chapter may appeal that determination as provided in this
				section.
(b) To be considered, an
				appeal must:
(1) be submitted in writing to
				the enforcement agency that performed the eligibility verification;
(2) be delivered to the department by the
				applicant, by a messenger service, or by U.S. Mail, within 10 calendar days
				from the date of the written determination of ineligibility, as evidenced by
				either the date of receipt when delivered by the applicant, or by a Postmark or
				equivalent date on the messenger service delivery envelope; and
(3) state the reason(s) the person believes
				the determination was in error.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 5.5 - Qualification for Public Benefits › Section 5820 - Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 3-20-98 as an emergency; operative 4-6-98 (Register 98, No. 12). A
				  Certificate of Compliance must be transmitted to OAL by 8-4-98 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. New section refiled 8-4-98 as an emergency; operative 8-4-98
				  (Register 98, No. 32). A Certificate of Compliance must be transmitted to OAL
				  by 12-2-98 or emergency language will be repealed by operation of law on the
				  following day.
3. Certificate of Compliance as to 8-4-98 order,
				  including renumbering of former section 5820 to new section 5818, transmitted
				  to OAL 12-1-98 and filed 1-14-99 (Register 99, No.
				  3).
Note: Authority cited: Sections 17003.5, 17020, 18015,
					 18020, 18300, 19990 and 19991.3, Health and Safety Code; and Section 15376,
					 Government Code. Reference: 8 U.S.C. Sections 1621, 1641 and 1642; Sections
					 17003.5, 17020, 18015, 18020, 18300, 19990 and 19991.3, Health and Safety Code;
					 and Section 15376, 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 1 - General › Section 6000 - Order of Adoption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This subchapter (hereinafter referred to as the
						"Guidelines") is adopted pursuant to the provisions of Section 41135, Health
						and Safety Code, in order to implement, interpret and to make specific
						provisions of Division 7, commencing with Section 7260 of the Government Code
						(hereinafter referred to as the "Act"), relating to relocation assistance, last
						resort housing and real property acquisition.
1.
						Amendment filed 11-5-76 as an emergency; designated effective 11-27-76
						(Register 76, No. 44). For prior history, see Register 76, No.
						44.
2. Redesignation of Chapter 6 (Sections 6000-6198, not
						consecutive) to Chapter 6, Subchapter 1 (Sections 6000-6198, not consecutive)
						filed 1-28-77 as procedural and organizational; effective upon filing (Register
						77 No. 5).
3. Amendment filed 1-28-77 as procedural and
						organizational; effective upon filing (Register 77, No. 5).
4.
						Certificate of Compliance as to filing of 11-5-76 filed 2-16-77 (Register 77,
						No. 8).
Note: Authority cited for Chapter 6: Sections 41134,
						  41135, and 41226, Health and Safety Code. Reference: Section 7260 et seq.,
						  Government Code; 41134, 41135, and 41226, Health and Safety
						  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 1 - General › Section 6002 - Statement of Purpose and Policy

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The purpose of the Guidelines is to
					 assist public entities in the development of regulations and procedures
					 implementing the Act.
(b) The
					 Guidelines are designed to carry out the following policies of the Act:
(1) To ensure that uniform, fair and
					 equitable treatment is afforded persons displaced from their homes, businesses
					 or farms as a result of the actions of a public entity in order that such
					 persons shall not suffer disproportionate injury as a result of action taken
					 for the benefit of the public as a whole; and
(2) In the acquisition of real property by a
					 public entity, to ensure consistent and fair treatment for owners of real
					 property to be acquired, to encourage and expedite acquisition by agreement
					 with owners of such property in order to avoid litigation and relieve
					 congestion in courts, and to promote confidence in public land
					 acquisition.
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 1 - General › Section 6004 - Applicability and Supersedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as otherwise noted in this
					 section, the Guidelines are applicable to all displacement and acquisition
					 occurring on or after their effective date, January 1, 1977.
(b) These Guidelines supersede those adopted
					 by the Commission of Housing and Community Development on October 17, 1973. The
					 guidelines so superseded shall not apply to any displacement or acquisition
					 occurring on or after the effective date of these Guidelines. Any such
					 displacement or acquisition shall be governed solely by these Guidelines and
					 the California Relocation Act, found at Government Code section 7260 et seq.
The provisions of these Guidelines, however, shall not be
						construed retroactively to apply to action(s) undertaken by a public entity
						prior to their effective date where the purpose of the action was to fulfill
						obligations imposed by the Act and the action is in compliance with the
						requirements of the Act and the existing Guidelines. For the purpose of this
						section the term "action" shall include but is not limited to: the provision of
						information, notice, other assistance, comparable replacement housing, payments
						and other benefits; the preparation of relocation and last resort housing
						plans, including the survey and analysis of needs and resources; the processing
						of grievances; and the various steps taken in connection with the acquisition
						of property for public use.
These guidelines shall apply to relocation plans and
						notices to displacees subsequent to the effective date of any regulatory
						provision. The right of displacees shall not be reduced in reliance on any
						amendment to these guidelines where it may be demonstrated that the displacee
						has acted in reliance on a notice given to that household prior to the
						effective date of any guideline.
(c) To the extent that these Guidelines are
					 from time to time amended, the amendments shall be effective prospectively from
					 the date that they become effective.
1.
						Amendment of subsection (b) 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: Article 4, Section 8, California
						  Constitution.
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 1 - General › Section 6006 - Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each public
					 entity before undertaking or participating in activity which will result in the
					 displacement of persons shall adopt rules and regulations that implement the
					 requirements of the Act, are in accordance with the provisions of the
					 Guidelines, and prescribe additional procedures and requirements that are
					 appropriate to the particular activities of the public entity and not
					 inconsistent with the Act or Guidelines.
(b) Rules and regulations issued under this
					 section shall be promptly revised as necessary, to conform to any amendment of
					 the Act or Guidelines.
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 1 - General › Section 6008 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following terms shall mean:
(a) Acquisition.
Obtaining ownership or possession of property by lawful
						means.
(b) Business.
Any lawful activity, except a farm operation provided
						such lawful activity is not in an unlawful occupancy as defined in subsection
						(v), conducted primarily:
(1) For the
					 purchase, sale, lease, or rental of personal and real property, and for the
					 manufacture, processing, or marketing of products, commodities, or any other
					 personal property;
(2) For the sale
					 of services to the public;
(3) By a
					 nonprofit organization; or
(4)
					 Solely for the purpose of a moving expense payment (see section 6090), for
					 assisting in the purchase, sale, resale, manufacture, processing, or marketing
					 of products, commodities, personal property, or services by the erection and
					 maintenance of an outdoor advertising display, whether or not such display is
					 located on the premises on which any of the above activities are
					 conducted.
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 1 - General › Section 6010 - Prior Determinations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Displacement. No public entity may
					 proceed with any phase of a project or other activity which will result in the
					 displacement of any person, business or farm until it makes the following
					 determinations:
(1) Fair and reasonable
					 relocation payments will be provided to eligible persons as required by Article
					 3 of the Guidelines.
(2) A
					 relocation assistance program offering the services described in Article 2 of
					 the Guidelines will be established.
(3) Eligible persons will be adequately
					 informed of the assistance, benefits, policies, practices and procedures,
					 including grievance procedures, provided for in these Guidelines.
(4) Based upon recent survey and analysis of
					 both the housing needs of persons who will be displaced and available
					 replacement housing and considering competing demands for that housing,
					 comparable replacement dwellings will be available, or provided, if necessary,
					 within a reasonable period of time prior to displacement sufficient in number,
					 size and cost for the eligible persons who require them.
(5) Adequate provisions have been made to
					 provide orderly, timely, and efficient relocation of eligible persons to
					 comparable replacement housing available without regard to race, color,
					 religion, sex, marital status, or national origin with minimum hardship to
					 those affected.
(6) A relocation
					 plan meeting the requirements of section 6038 has been
					 prepared.
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 1 - General › Section 6012 - Citizen Participation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All persons who will be displaced,
					 neighborhood groups and any relocation committee shall be given an opportunity
					 and should be encouraged fully and meaningfully to participate in reviewing the
					 relocation plan and monitoring the relocation assistance program.
(b) When a substantial number of persons will
					 be displaced from their dwellings the public entity shall encourage the
					 residents and community organizations in the displacement area to form a
					 relocation committee. The committee shall include, when applicable, residential
					 owner occupants, residential tenants, business people, and members of existing
					 organizations within the area. In lieu of initiating a new process of citizen
					 participation, public entities which have conducted or are conducting a citizen
					 participation process as part of an existing development program may substitute
					 such process if it satisfies the requirements of this section.
If a substantial number of persons will not be displaced
						from their dwellings, the public entity shall at least consult with and obtain
						the advice of residents and community organizations and make the relocation
						plan available to such persons and organizations prior to submitting it to the
						legislative body for approval. (See section 6038.)
(c) At a minimum the displacing entity shall
					 guarantee the following:
(1) Timely and full
					 access to all documents relevant to the relocation program. A public entity may
					 reasonably restrict access to material where its confidentiality is protected
					 by law or its disclosure is prohibited by law.
The displacing entity shall ensure that the information
						in documents the provision of which would result in disclosure of the identity
						of eligible persons is provided in a manner designed to avoid such disclosure.
						This obligation to avoid improper disclosure shall not affect the right of the
						person to which the information relates (or any other person authorized in
						writing by such person) to inspect such documents.
(2) The provision of technical assistance
					 necessary to interpret elements of the relocation plan and other pertinent
					 materials.
(3) The right to submit
					 written or oral comments and objections, including the right to submit written
					 comments on the relocation plan and to have these comments attached to the plan
					 when it is forwarded to the local legislative body or the head of the state
					 agency for approval.
(4) Prompt,
					 written response to any written objections or criticisms.
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 1 - General › Section 6014 - Prerequisite to Displacement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No person shall be displaced until the public entity has
						fulfilled the obligations imposed by the Act and Guidelines.
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 1 - General › Section 6016 - Remedies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the public
					 entity has not fulfilled or is not substantially fulfilling its relocation
					 responsibilities, it shall cease displacement until such time as its
					 responsibilities are fulfilled. When appropriate project implementation shall
					 be suspended or terminated.
(b)
					 Eligible persons who move without offers of assistance and benefits, after the
					 public entity was required to offer assistance or benefits, shall be provided
					 such assistance and payments and, when appropriate, compensation for additional
					 costs incurred. The displacing entity shall make every effort to identify and
					 locate such persons.
(c) A public
					 entity may pay a complainant's attorney's fees and costs and is encouraged to
					 consider doing so when a complainant institutes a successful administrative
					 appeal or judicial action.
(d) The
					 enumeration of remedies in this section is not intended to discourage or
					 preclude the use of other remedies consistent with the intent of the Act and
					 Guidelines. Rather a public entity is encouraged to consider and adopt other
					 remedies.
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 1 - General › Section 6018 - Priority of Federal Law

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If a public entity undertakes a project with federal
						financial assistance and consequently must provide relocation assistance and
						benefits as required by federal law, the provisions of the Act and Guidelines
						shall not apply; but if an obligation to provide relocation assistance and
						benefits is not imposed by federal law the provisions of the Act and Guidelines
						shall apply.
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 1 - General › Section 6020 - Severability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If any provision of the Guidelines or the application
						thereof is held invalid, such invalidity shall not affect other provisions or
						applications of the Guidelines which can be given effect without the invalid
						provision or application, and to this end the provisions of the Guidelines are
						severable.
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 6030 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of this part is to set forth requirements
						with respect to the development and implementation of a relocation assistance
						advisory program for the provision of specified services and to prescribe the
						obligation of a public entity not to displace or cause the displacement of any
						person from his dwelling without adequate notice and unless comparable
						replacement housing is available.
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 6032 - Relocation Assistance Advisory Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Public entities shall develop and implement a relocation
						assistance advisory program which satisfies the requirements of this article
						and of Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights
						Act of 1968, the Unruh Civil Rights Act, the Rumford Act and applicable state
						and federal anti-discrimination laws. Such program shall be administered so as
						to provide advisory services which offer maximum assistance to minimize the
						hardship of displacement and to ensure that (a) all persons displaced from
						their dwellings are relocated into housing meeting the criteria for comparable
						replacement housing, and (b) all persons displaced from their places of
						business or farm operations are assisted in reestablishing with a minimum of
						delay and loss of earnings.
1.
						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 7261, 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 2 - Relocation Assistance Advisory Program and Assurance of Comparable Replacement Housing › Section 6034 - Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Relocation
					 assistance and benefits shall be available to:
(1) Any person who occupies property from
					 which he will be displaced.
(2) Any
					 person who will move from real property or will move his personal property from
					 real property, because he will be displaced from other real property on which
					 he conducts a business or farm operation.
(3) Any person who moves from real property
					 as a result of its acquisition by a public entity whether the move is voluntary
					 or involuntary.
(4) Any person who,
					 following the initiation of negotiations by a public entity, moves as the
					 result of the pending acquisition.
(5) Any person who moves as the result of
					 pending acquisition, rehabilitation or demolition by a public entity either
					 following receipt of a Notice of Intent to Displace (see section 6086) or as a
					 result of inducement or encouragement by the 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 6036 - Rehabilitation and Demolition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If a public entity undertakes a rehabilitation or
						demolition program and as a result a person or business is displaced from
						privately owned property, the public entity shall provide assistance and
						benefits. If a person or business is displaced by such an undertaking from
						property acquired by a public entity, the public entity shall provide
						assistance and benefits.
1.
						Amendment of section heading and 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 7260(c), 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 2 - Relocation Assistance Advisory Program and Assurance of Comparable Replacement Housing › Section 6042 - Replacement Housing Prior to Displacement; Notices to Displaced Persons

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No eligible
					 person shall be required to move from his dwelling unless within a reasonable
					 period of time prior to displacement comparable replacement dwellings (as
					 defined in subsection 6008(c)) or, in the case of a temporary move (as defined
					 in section 6044), adequate replacement dwellings (as defined in subsection (b)
					 below) are available to such person.
(b) The criteria for adequate replacement
					 dwellings are in all respects identical to those for comparable replacement
					 dwellings, except that an adequate replacement dwelling, with respect to the
					 number of rooms, habitable living space and type of construction, need be only
					 adequate not comparable.
(c)
					 Reasonable Offer of Replacement Housing.
The requirements of this section shall be deemed to have
						been satisfied if a person is offered and refuses without justification
						reasonable choices of specifically identified comparable replacement dwellings
						which fully satisfy the criteria set forth in the Guidelines. The offers shall
						be in writing, in a language understood by the displaced person. The number of
						offers determined to be reasonable should be not less than
						three.
(d) Notice.
No eligible person occupying property shall be required
						to move from a dwelling or to move a business or farm operation, without at
						least 90 days written notice from the public entity requiring the
						displacements. Public entities shall notify each individual tenant to be
						displaced as well as each owner-occupant. (These requirements are in addition
						to those contained in sections 6040 and 6046.)
(e) Waiver.
The requirement in subsection (a) above may be waived
						only when immediate possession of real property is of crucial importance and by
						one of the following circumstances:
(1) When displacement is necessitated by a
					 major disaster as defined in Section 102(2) of the Hazard Mitigation and
					 Relocation Assistance Act of 1993 (42 U.S.C. 5121) and/or the California
					 Natural Disaster Assistance Act.
(2) During periods of declared national or
					 state emergency.
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 6044 - Temporary Move

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 General.
(1) A public entity shall be
					 required to minimize to the greatest extent feasible the use of temporary
					 relocation resources (as defined in section 6042) but, when a project plan
					 anticipates moves back into completed project accommodations, temporary
					 relocation resources may be used, at the displaced person's election for a
					 limited period of time.
(2)
					 Temporary relocation does not diminish the responsibility of the pubic entity
					 to provide relocation assistance, services and benefits designed to achieve
					 permanent relocation of displaced persons into comparable replacement
					 dwellings.
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 6046 - Informational Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Basic Requirements.
The displacing entity shall establish and maintain an
						information program that provides for the following:
(1) Preparation and distribution of
					 informational material as early as practicable, to each occupant of the
					 property. This material shall be distributed within 60 days following the
					 initiation of negotiations (see paragraph 6040(a)(1)) and not less than 90 days
					 in advance of displacement except for those situations described in subsection
					 6042(e). Where appropriate, separate informational statements shall be prepared
					 for residential and for non-residential occupants.
(2) Conducting personal interviews and
					 maintaining personal contacts with occupants of the property to the maximum
					 extent practicable.
(3) Utilizing
					 meetings, newsletters, and other mechanisms, including local media available to
					 all persons, for keeping occupants of the property informed on a continuing
					 basis. The criterion for selecting among various alternatives shall be the
					 likelihood of actually communicating information to such persons. Legal
					 publications, legal ads in local newspapers of general circulation and similar
					 means which may go unnoticed are deemed to be inadequate.
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 6048 - Survey and Analysis of Relocation Needs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
(1)
					 Requirement. Immediately following the initiation of negotiations interview all
					 eligible persons, business concerns, including nonprofit organizations, and
					 farm operations to obtain information upon which to plan for housing and other
					 accommodations, as well as counseling and assistance needs.
(2) Coordination with Other Agencies. Other
					 agencies may also be conducting surveys in the area at the same time.
					 Coordination will be necessary to avoid duplication and to ensure that
					 necessary information is available at the appropriate time. Surveys utilized to
					 gather data for social service referrals should be planned in cooperation with
					 social service agencies and a referral system should be established.
(3) Information to Persons to Be Displaced.
					 The local agency shall carefully explain and discuss fully with each person
					 interviewed the purpose of the survey and the nature and extent of relocation
					 payments and assistance that will be made available. All persons shall be
					 advised and encouraged to visit the relocation office for information and
					 assistance.
(4) Relocation Records.
					 Based on information obtained during the survey and other sources as
					 applicable, the local agency shall prepare and maintain an accurate relocation
					 record for each person to be displaced. The record shall contain a description
					 of the pertinent characteristics of the persons to be displaced and the
					 assistance deemed to be necessary.
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 6050 - Failure to Conduct Timely and Effective Survey

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When a survey is not conducted in a timely and effective
						manner, the public entity shall be obligated to make every effort to locate all
						eligible persons who have moved so that their needs can be included in the
						survey and the impact on the housing stock in the community can be more
						accurately determined. The public entity shall offer such persons all
						relocation assistance and benefits for which they otherwise qualify and, in
						addition, shall compensate such persons for all costs occasioned by the
						entity's failure to provide timely notice and offers of relocation assistance
						and benefits.
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 6052 - Survey and Analysis of Available Relocation Resources

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
(1) To
					 enable a public entity reasonably to determine that the requisite comparable
					 replacement dwellings will be available, the public entity, within 60 days
					 following the initiation of negotiations, shall initiate a survey and analysis
					 of available comparable relocation resources.
If a recent survey that provides the information
						identified in this section is not available, the public entity shall conduct a
						survey and analysis of the housing market. If a recent survey is available, but
						it does not reflect more recent, significant changes in housing market
						conditions, the survey shall be updated or it shall not be relied
						upon.
(2) When more than 15
					 households will be displaced, survey results shall be submitted for review to
					 local housing, development and planning agencies and shall be compared to other
					 existing information on housing availability.
(3) The survey shall be updated at least
					 annually.
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 6054 - Last Resort Housing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No
					 eligible person shall be required to move from his dwelling because of the
					 action of a public entity unless comparable replacement housing is available to
					 him.
(b) If on the basis of its
					 survey and analysis of relocation needs and resources a public entity cannot
					 determine that comparable replacement housing will be available as required,
					 the public entity may not proceed with any phase of a project or other activity
					 which will result in displacement unless it provides such housing. (See Article
					 4.)
(c) If the action of a public
					 entity has resulted or is resulting in displacement and comparable replacement
					 housing is not available as needed, the public entity shall use its funds, or
					 funds authorized for the project to provide such housing (see Article 4), or
					 shall terminate or suspend further implementation of the project activity in
					 accordance with the provisions of section 6018.
(d) Temporary relocation resources may be
					 relied upon in the interim only if the provisions of section 6004 are
					 satisfied.
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 6056 - Termination of Relocation Assistance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A public entity's relocation obligations cease under the
						following circumstances:
(a) A
					 displaced person moves to a comparable replacement dwelling and receives all
					 assistance and payments to which he is entitled.
(b) The displaced person moves to substandard
					 housing, refuses reasonable offers of additional assistance in moving to a
					 decent, safe and sanitary replacement dwelling and receives all payments to
					 which he is entitled.
(c) All
					 reasonable efforts to trace a person have failed. To ensure that the action of
					 a public entity does not reduce the housing supply in critical categories or
					 locations, unsuccessful efforts to trace a particular displaced person shall
					 not lessen the obligation to provide last resort housing. (See Article
					 4.)
(d) The business concern or
					 farm operation has received all assistance and payments to which it is entitled
					 and has been successfully relocated or has ceased operations.
(e) A person displaced from his dwelling,
					 business or farm refuses reasonable offers of assistance, payments and
					 comparable replacement housing.