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Eviction fox 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 />result, 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 lease; 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 p.c„cupying property to be <br />purchased by the Displacing Agency will be required to move withouFhavirig 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 payixleg?„ or the amount <br />of a payment, may have the claim reviewed or redonsidered in accordance with; the. Displacing <br />Agency's appeals procedure. Complete details on appeal. procecl'Lt~es are availab}~ upon request <br />from the Displacing Agency. <br />California Government Code Section 7269 indicates mo relocation payment received shall be <br />considered as income for the purposes of the Personal Income Td"x Law, Part 10 (commencing <br />with Section 170 01) of„Division 2 of the Revenue and 'ration Code, or the Bank and <br />Corporation Tax law, Par€"1'`t (commencing with Section 23.001) of Division 2 of the Revenue <br />and Taxation Code.,,l~urthermore, federal regulations (49 CFR Part 24, Section 24.209) also <br />indicate that no paytiient 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 Intemal <br />Revenue Code of :1986. The'pr~ceding statemertfis not tendered as legal advice in regard to tax <br />consequences, and disglacees should consult with their own tax advisor or legal counsel to <br />determirte`the curent statu'saf such-vavanents. <br />(IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we <br />inform you thq~ uny tax advice contained in this communication (including any attachments) was <br />not intended or wrlt[en to be used, and cannot be used, for the purpose of (i) avoiding tax-related <br />penalties under the fnternczj'Revenue Code or (ii) promoting marketing or recommending to <br />another party any matters kddressed herein) <br />73. LAWFUL PRESENCE REQUIREMENT <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 />4 -137 <br />