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05 JTPH LACY & RAITT EX4
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05 JTPH LACY & RAITT EX4
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Last modified
1/3/2012 3:30:49 PM
Creation date
1/19/2011 11:51:42 AM
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City Clerk
Doc Type
Agenda Packet
Item #
05
Date
1/5/2009
Destruction Year
2014
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Eviction for cause must conform to applicable State and local law. Any person who occupies the <br />real property and is not in unlawful occupancy on the date of initiation of negotiations, is <br />presumed to be entitled to relocation benefits, unless the Displacing Agency determines that: <br />• The person received an eviction notice prior to the initiation of negotiations and, as a <br />resin#, was later evicted; or <br />• The person is evicted after the initiation of negotiations for serious or repeated violation <br />of material terms of the Tease; and <br />• The eviction was not undertaken for the purpose of evading relocation assistance <br />regulations. <br />Except for the causes of eviction set forth above, no person lawfully occupying property to be <br />purchased by the Displacing Agency will be required to move without having been provided with <br />at least 90 days written notice from the Displacing Agency. <br />11. APPEAL PROCEDURES -GRIEVANCE <br />Any person aggrieved by a determination as to eligibility for a relocation payment, or the amount <br />of a payment, may have the claim reviewed or recgnsidered in accordance with. the Displacing <br />Agency's appeals procedure. Complete details on ap~seal procedures are available upon request <br />from the Displacing Agency. <br />12. TAX STATUS OF RELOCATION BENEFITS <br />California Government Code Section 7269 indicates no relocation payment received shall be <br />considered as income for the purposes of the Personal .In.eome Tax Law, Part 10 (commencing <br />with Section 170 O1} of Division 2 of the Revenue and Taxation Code, or the Bank and <br />Corporation Tax law, Part ~ 1 (commencing with Section 23001) of Division 2 of the Revenue <br />and Taxation Cade. lk~rthermare; federal regulations {49 CI~R Part 24, Section 24.209) also <br />indicate that no payment received under this part (Part 24) shall be considered as income for the <br />purpose of the Internal Revenue Code of 1954, which has been redesignated as the Internal <br />Revenue Code of 1986. The preceding statement is not tendered as legal advice in regard to tax <br />consequences, and displacees s$quld consult with their own tax advisor or legal counsel to <br />determine the current staffs of such payments. <br />(IRS Circular z30 disclosure.• To ensure compliance with requirements imposed by the IRS, we <br />inform you that-any tax advice contained fn this communication (including any attachments) was <br />not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related <br />penalties under the Internal Revenue Code or (ii) promoting marketing ar recommending to <br />another party any matters addressed herein) <br />13. LAWFUL. PRESENCE REC~UIREMENT <br />In order to be eligible to receive relocation benefits in federally-funded relocation projects, all <br />members of the household to be displaced must provide information regarding their lawful <br />presence in the United States. Any member of the household who is not lawfully present in the <br />United States or declines to provide this information may be denied relocation benefits, unless <br />such ineligibility would result in an exceptional and extremely unusual hardship to the alien's <br />spouse, parent, or child, any of whom is a citizen or an alien admitted for permanent residence. <br />Exceptional and extremely unusual hardship is defined as significant and demonstrable adverse <br />
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