Relocation Plan must include:
- Project Area Description
- Regional location
- Project Site
- Description of Construction Rehabilitation
- General demographic and housing characteristics
- Assessment of Resident Needs
- Ethnicity and language
- Mode of transportation
- Relocation benefits
- Eviction policy
- Definition of Terms
- Standards for a decent and sanitary dwelling
- Summary of numbers contained in plan
- Project characteristics
- Relocation needs
- The Relocation Plan must be approved by the community’s legislative body at least thirty (30) days after the relocatees have received a General Notice.
- Even if a Relocation Plan is not required, the displacing Developer must conduct a survey and analysis to determine the availability of Comparable replacement dwellings. This must be started within 60 days of the Initiation of Negotiations
- Reimbursement must be provided for all reasonable out-of-pocket expenses incurred in connection with the temporary relocation, including the cost of moving to and from the temporarily occupied housing (HUD Handbook Section 3-2; Government Code Sections 7262(a) and (b); 25 CCR Sections 6090 and 6098). Limit on “temporary relocation” to no longer than 12 months. Residents or businesses, which are temporarily displaced, must be contacted after 12 months and offered permanent relocation benefits.
- Reimbursement must be provided for any increase in monthly rent/utility costs incurred with the temporary relocation.
- Under both federal and state law, a residential tenant who is defined as a Displaced Person and who has occupied the displacement property for 90 days prior to the Initiation of Negotiations is eligible for a long-term replacement housing payment of up to $22,500.
- Assistance must be in accordance with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended (URA), and Final Rule Effective February 3, 2005 (42 U.S.C. 4201-4655) and 49 CFR part 24.
- Notice Requirements: To be given to tenants who are expected to relocate and also those who are not expected to relocate).
- General Notice: Must give general information about the anticipated acquisition of the affected property and potential relocation of tenants within 60 days of Initiation of Negotiations.
- Eligibility or Non-Displacement Notice:
- An Eligibility Notice must provide information about the relocation benefits and the terms and conditions under which the tenant may lease and occupy a Comparable unit in the building/complex upon completion of the project. The agency must determine the particular benefits for which the person is eligible. Agencies are required to inform tenant occupants of their potential eligibility for relocation assistance when negotiations are initiated, when and if they become fully eligible, and in the event the purchase will not occur, notify them that they are no longer eligible for relocation assistance.
- If no displacement is expected, then the eligibility notice is called a Notice of Non-Displacement and should notify the tenants that the project will not result in an unreasonable change in the character or use of the property.
- Ninety-Day Notice: Should specify a date, at least ninety days away (exceptions can be found in 24 CFR 24.203(c), HUD Handbook Section 2-3(c) and 25 CCR 6042(e)) on which the tenant is expected to relocate.
- No Displaced Person can be relocated until at least 3 comparable replacement dwellings have been made available to the person.
- IF COMPARABLE REPLACEMENT HOUSING IS NOT AVAILABLE (WHETHER BECAUSE OF PHYSICAL AVAILABILITY, CONDITION, OR AFFORDABILITY) TO A RELOCATEE, THE AGENCY IS ABLE TO TERMINATE THE ACQUISITION.