1994-099 Antidisplacement Relocation Plan RESOLUTION 94-99
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ENCINITAS, CALIFORNIA
ADOPTING A RESIDENTIAL ANTIDISPLAcEMENT AND
RELOCATION ASSISTANCE PLAN
WHEREAS, the City of Encinitas is a Community Develogment
Block Grant entitlement City and a participant in the HOME
Consortium, and
WHEREAS, Housing and Community Development Acts of 1974
amd 1992 as well as Parts 91, 92, and 570, require an entitlement
City or participating jurisdiction to certify that it is following
a Residential Antidisplacement and Relocation Assistance Plan, and
WHEREAS, the Uniform Relocation Assistance and Real
Property Acquistions Policies Act of 1970 and Section 104(d) of the
Housing and Community Development Act of 1974, as amended, requires
assistance for displacement of either a person or their property as
a direct result of federally assisted acquisition, demolition or
rehabilitation.
NOW, THEREFORE BE IT RESOLVED by the City Council of the
City of Encinitas, California as follows:
SECTION ONE:
That the above recital is true and Correct.
SECTION TWO:
The City of Encinitas certifies that it will follow the Residential
Antidisplacement and Relocation Assistance Plan attached hereto as
"Exhibit I.,,, which includes a policy statement, basic rules, and
procedures.
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PASSED AND ADOPTED THIS 19 day of October, 1994 by
the following Vote, to wit:
AYES: Bond, Davis, DuVivier, Hano, Wiegand
NAYS: None
ABSENT: None
GAIL HANO, Mayor of the City of
Encinitas, Callfornia
ATTEST:
E---JaJPool, City Clerk
EXHIBIT I
CITY OF ENCINITAs
RESIDENTIAL ANTIDISPLACEMENTA~D
RELOCATION ASSISTANCE PLAN
GENERAL POLIcy
~t shall be. the general policy of the City of Encinltas, in
implementation of all programs funded with federal grants from the
the
U.S. Department of Housing and Urban Development, such as Community
Development Block Grant, HOME, McKinney ho~eless grants, Section
10S loans, and Section 202, to .comply. with and implement the
provisions of the Uniform Relocation Assistance and Real Property
Acquisitions Polic~
Housing and Comm--%~=~ -ac=.°f 1970 and Section 104 (d) of the
· un~uy uevelo me
the policy of the ~+. ~_ .P. ~t Act of 1974 as a endm~ ~ .
or businesses from their homes or current places of business.
~= =~ ulsplacement of households
RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN
The goal of the Plan is to:
* Identify the reasonable steps it will take to minimize the
displacement of persons from their homes as a result of an
assisted project.
* Replace all occupied and vacant occupiable "iow/moderate
income dwellings,, that are converted to a Use other than
"iow/moderate income dwellings,, or are demolished for a
project.
* Provide ~elocation assistanc
households (lncludin. f~-=~= ~ .to. low/moderate in=~
~ direct result of
~wellin~ o~ ~- ~ ~=.co~verslon of a
= ~ ~'~= uemolltlon of any housi-- ~l~.,~uera~e income
-~ ~ ~ project.
UNIFORM RELOCATION ACT
URA applies to:
* ~ that results from acquisition, demolition
rehabilitation for HUD assisted projects carried out by public
agencies, nonprofit
others, organizations private developers or
· Real DroDprt¥ acquisitio~ for HUD-assisted projects.
The Act provides assistance for owners and renters of residential
.structures and for nonresidential occupants such as businesses or
nonprofits.
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DISPLACEMENT
If there is displacement, the City must provide appropriate legal
notices, find comparable units for relocation, provide Counseling,
pay relocation costs, and provide replacement housing assistance.
Exhibit A outlines URA Decision Flow. Exhibit B are sample notices
for each step.
If an individual, stays in the assisted project rents must be
affordable or the Individual is determined "economically displaced,,
or "rent burdened,,. Tenant based rental assistance may be provided
as a means of mitigating these circumstances.
T~n~nts may be temDoraril¥ displace,] during rehabilitation. At a
minimum tenants ~ust be reimbursed fo~ all reasonable out of pocket
expenses incurred in Connection with the temporary relocation
including the cost of moving to and from the temporarily
housing and any increase in m~nthly rent/utility occupied
costs.
Appropriate advisory services, including reasonable advance written
notice of (a) the date and approximate duration of the temporary
relocation; (b) the address of suitable, decent, safe, and sanitary
dwelling to be made available for the temporary period; (c) the
terms and conditions under which the tenant may lease and occupy a
suitable dwelling in the building/complex upon completion of the
project; and (d) the reasonable expenses for reimbursement. (See
Exhibit C)
URA COvers all ~ purchases by the City. Because
voluntary sales are negotiated between the seller and the City
(grantee) without threat of eminent domain or condemnation, they
are not regulated by URA except for certain notification
provisions.
Types of voluntary sales are:
1. Purchases where the grantee (City or ~onprofit ~gency
funded by City) can exercise the power of emlnent~domaln but
agrees in writing not to do so.
2. PUrchases where the grantee does not have the power of
mlnent domain.
3. Purchases of property from government agencies if the
purchasing grantee does not have the power of condemnation.
In involuntary acquisitions the grantee must:
· ~otify Owners in writing of the ~gency's intentions and
notify owners ~nd tenants of thei - · A Notice of
Interest or Notice of Intent to Acq~r~l~s~ Notice of Just
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Compensation must be provided.
· Conduct an appraisal of the property in order to determine
its fair market value.
· Offer just compensation for the property being acquired.
· Make every reasonable effort to complete the property
acquisition expeditiously.
SECTION 104(d)
The City will implement this Section as outlined in 24 CFR 570.606
(b) for both CDBG and HOME funded programs. (Exhibit E)
The requirements of Section 104(d) focus on the loss of low income
housing (both rental and owner occupied) in the City through
demolition or conversion.
The law has two distinct components:
~ People - relocation sslstance is provided for displaced low
a '
income families. Section 104(d) does not provide assistance
for families with incomes above the Section 8 Lower Income
Limit (50% of the median income). These families would be
eligible for relocation assistance under URA. If a lower
income person remains in a converted project economic
displacement rules apply. (See temporary displacement under
URA).
~ Units - the law requires one for one replacement of
low/moderate income dwelling units that are demolished or
converted to other Use.
The law applies if the City or a grantee "uses,, CDBG
for a project for both direct financi ........ or HOME funds
example, CDBG funds used as a loan to rehabilitate a
-w dnu ~ela~e~ expenses. For
property or if
the City spends CDBG or HOME funds for salaries for rehabilitation
specialist who writes up projects even though CDBG or HOME doesn,t
pay for the rehabilitation.
STEPS TO MINIMIZE THE DIRECT AND INDIRECT DISPLACEMENT OF PERSONS
FROM THEIR HOMES
1. Coordinate code enforcement with rehabilitation and housing
a '
sslstance programs.
2. Stage rehabilitation of apartment units to allow tenants to
remain in the building/complex during and after rehabilitation
working with empty units first.
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3. Arrange for facilities to house persons who must be relocated
temporarily during rehabilitation.
4. Establish counseling program to provide homeowners and tenants
with information on assistance available to help them remain in
their neighborhood in the face or revitalization pressures.
The Ho~sing Divisiop, Community Development DePartment is
responsible for t~acklng the replacement ~f l?w/mode~ate income
housing and ensuring that replacement housing is provided within
the required period. The Division is also responsible for providing
relocation payments and other relocation assistance to any
low/moderate income person displaced by demolition of any housing
or the conversion of low/moderate income housing to another use
when funded with CDBG or HOME monies.
USE OF SECTION 8 AND HOME TENANT BASED ASSISTANCE
Section 8 Vouchers/Certificates and HOME Tenant Based Assistance
will be used to assist displaced persons/families or economically
displaced families. The City will request that the Housing
Authority of the City of Encinitas amend their Administrative Plan
to give first preference to individuals who will be displaced from
City activities or who a~e in danger of being .economically
displaced as a result of City program~. The Housing Authority
should rank the federal preference for dIsplacement above the other
two federal preferences.
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