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HomeMy WebLinkAbout05 JTPH LACY & RAITT EX4RESIDENTIAL ANTIDISPLACEIVIENT AND RELOCATION ASSISTANCE PLAN FOR THE- RAITT APARTMENTS PROJECT PREPARED FOR C&C Development & Orange Housing Development Corporation 1110"E. CHapman Avenue, .Suite 200 -;' Orange, CA ~ 928bf (714} 288w7b00 BY OVERLAND, PACIFIC & CUTLER, nvc. 10 HUG~IES, A207 IRVirrE, CA 92618 (949) 9S1-52b3 November 24, 2008 EXHIBIT 4 Overland, Pacifrc & Cutler, Inc. ~NTIaODUCT~ON C&C Development Co. and Orange Housing Development Corporation {"the Developer") is in the processing of acquiring one property for their proposed affordable housing project, the Raitt Apartments Project in Santa Ana, CA {"tile Project"}. The Project site consists of .2 acres and is located at 702 S. Raiff Street. The site contains one structure housing IO one- bedroom apartment units. Currently, all 10 units are occupied. The Developer plans to reconfigure and rehabilitate the units, including a thorough rehab of the interior and exterior. For th..e interior, new drywall, paint, insulation, kitchen cabinets, toilets, bath tubs, shower enclosures, sinks, garbage disposals, and vinyl flooring will be installed or replaced. Work on the exterior will include new roofs, repairs to the stucco, new exterior paint and new windows. Eight units will remain after the rehabilitation has been completed: four one-bedroom units, two two-bedroom units and two three-bedroom units:- Units-will be offered to tenants who qualify at 50% of area median income. Those tenant households, whose income level is greater than 50% of area median income, will need to be permanently relocated. In addition, even if all tenant households "income qualify" to remain within the Project, because two units will be lost for the expansion of several units, two households will be permanently displaced regardless. New tenants will be held to a 2~-2 occupancy standard (two people per bedroom and two people in an additional room such as a living room or den) for one-bedroom units and a 2+l occupancy standard (two. people per bedroom and. one person in an additional room such as a living room or den) for tvvo and three bedroom units. Any current overcrowded households will be "grandfathered" and will qualify to remain within the Project in one of the rehabilitated units, unless they are one of the two households to be displaced due to the reduction in number of units. As of this -date, the Project. will cause the permanent displacement of two residential households. Theneeds and characteristics of the permanent displacees and the Developer's program to provide assistance to each affected person are general subjects of this Relocation Plan (Plan). The dwellings, which are the subject of this Plan, are located on Raiff Street and in the area generally bounded by W. Willits Street, S. Western Avenue, W. Wisteria Place and S. Townsend Street in the City of Santa Ana, as illustrated on the Project Site Maps shown in Attachment 1. The Developer anticipates funding for the Project will be provided by tax increment and HOME funds. This Plan conforms to the requirements of the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, the implementing regulations of Handbook 1378 of the Department of Housing and Urban Development (HUD), the California Relocation Assistance Law, Government Code Section 7260, et seq_ {Law), the Relocation Assistance and Real Property Acquisition Guidelines Qverlancl, Pacific & Cutler, Inc. adopted by the Department of Housing and Community Development and Title 25, California Code of Regulations Section 6000, et seq. (Guidelines}. Overland, Pacific & Cutler, .Inc. ("OPC"}, an experienced relocation consulting firm, has been selected to prepare this Residential Antidisplacement and Relocation Assistance Plan (the "Plan"}. OPC will provide all required relocation assistance to the tenant households, who will be permanently displaced. In compliance with statutory requirements, this Relocation Plan has been prepared to primarily evaluate the present circumstances and replacement requirements of the permanent displacees. (A brief description of the relocation assistance, for which the temporarily displaced tenants will be eligible, will also be included.) Overland, Pacific & Cutler, Inc. ~tESIDENTIAL ANT~DXSPLACEMENT PLAN Background Part of the relocation planning process requires that grantees receiving federal CDBG, Section 108 loan funds or HOME assistance must assure that they have taken all reasonable steps to minimize the displacement of persons as a result of activities assisted with these funds. The Developer will be applying for, and hopes to use, HOME funds for the proposed Project. Consequently, the entire Project, including its initial and subsequent phases, is subject to HUD regulations governing xelocation and minimization of displacement. These regulations are found in Section 104(4} of the Housing and Community Development Act of 1974, (the Act} as amended [42 United States Code, Section 5304(4}] and implementing regulations at 24 Code of Federal Regulations, Part 42. After an extensive search to find properties, -which would minimize :the need to displace/relocate individuals and could be purchased at an economically feasible price, Developer staff concluded that the proposed site would result in the least amount of residential displacement and meet the other criteria. The amount of relocation has been reduced to two permanent residential displacements. Thus, displacement of residential occupants is avoided to the extent possible. One-for-One Replacement Units The Developer will replace all .occupied and vacant occupiable lower income housing demolished or converted to a use other Haan lower income housing in connection with funds provided under the HOME loan. program. All replacement housing will be prouieled within four years after the commencement of the demolition €~r conversion.: Before entering into a contract committing the Developer to provide funds .f..or a project that will directly result in demolition or conversion, the Developer will make public by publication in a newspaper of general circulation and submit to HUD the following information in writing: 1. A description of the proposed assisted project; 2. The address, number of bedrooms and location on a map of lower income housing that will be demolished or converted to a use other than as lower income housing as a result of an assisted project; 3. A time schedule for the commencement and completion of the demolition or conversion; 4. To the extent known, the address, number of bedrooms and location on a map of floe replacement housing that has been or will be provided; 5. The source of funding and a time schedule for the provision of the replacement housing; Overland, Pacific & Cutler, Inc. 6. The basis for concluding that the replacement housing will remain lower income housing for at least ten years from the date of initial occupancy; 7. Information demonstrating that any proposed replacement of dwelling units with smaller dwelling units (e.g., a 2-bedroom unit with two 1-bedroom units), is appropriate and consistent with the needs and priorities identified in the approved Comprehensive Housing Affordability Strategy (CHAS). To the extent that the specific location of the replacement housing and other data in Items 4 through 7 above are not available at the time of the general submission, the Developer will identify the general location of such housing on a map and complete the disclosure and , submission requirements as soon as the specific data are available. The Santa Ana Redevelopment Agency is responsible for trackiirg the replacement of lower income housing and ensuring that it is provided within the required period. Overland, Pacif c & Cutler, Inc. {"OPC") is responsible for processing claims to provide relocation payments and far providing other relocation assistance to any lower neoxne person displaced by the demolition of any housing or the conversion of lower income housing to another use. Consistent with the goals and objectives of activities assisted under the Housing and Community Development Act of 1992 as well as the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, the Developer will provide relocation assistance to displaced occupants as described in this Relocation Plan. Overland, .Pacific & Cufler, Inc. uELOC~~~oN pL~ This Relocation Plan has been prepared in accordance with the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1976, as amended, (Uniform Actj. In addition, because the project has utilized HOME funds administered by the U. S. Department of Housing and Urban Development (HUDj, permanent relocation benefits rriay exceed the arnourzt calculated under the Uniform Act, and instead, be calculated as dictated by Section 104(dj of the Housixzg and Coznrnunity Development Act of 1974, (the Actj as amended [42 United States Code, Section 5304{d)]. In :order to attain its overall developtrtent goals for the Project, it is the Developer's intention to provide a fair and equitable relocation program for all eligible Project displacees. No displacement activities will take place prior to the required reviews and approval of this Plan: A. METHODOLOGY AND ASSESSMENT OF NEEDS To obtain information necessary for the preparation .of this -Plan, personal. interviews were conducted with the Project occupants by Developer staff in November 2008. At the time of the interviews, there were 10 occupied tenant households, and the Developer was successful in interviewing all ten households. Inquiries made of the residential occupants included household size and composition, ages of occupants, rental and income information, length and type of occupancy, ethnicity, language first spoken in the home, disablities/health problems, and preferences related to replacenrzent housing and location. All information of a statistical nature supplied by the occupants was validated by documentary evidence required to comply with relocation qualifying criteria. At the time of.:this Plan, we had received written income documentation from the Developer for alI ten households:.Income level is a determining factor as far as whether a household will be-;permanently or temporarily displaced. OPC made assumptions and based our results on the written documentation received from the Developer and the verbal responses of the tenants, and. determinations were made as of the date of this Plan. Again, the remainder of this Plan will primarily address the data and needs of the two households to be permanently clisplacecl. ~. FIELD SURVEY DATA - ASSESSIO~IENT OF NEEDS The information gathered at the time of the preparation of this Plan is included in the table below, which shows some of the household characteristics and needs of the households displaced. Qverland, Pacific & Cutler, Inc. TABLE 1; PROTECT HOUSEhOLllS' CHARACTERISTICS Income Composition Current Current. Bedrooms E1derly7 Language Category Adults/Children Rent Bedrooms Needed Physically . . (Ages of Children) Disabled L (2) (2) $850/rno. I 2 No Spanish EL (1) (0) $SSOImo. Section 8 1 1 Yes Spanish Demographics for the Project area in general are provided in Attachment 2. C. PROJECT OCCUPANCY/OVERCROWDING For purposes of determining whether overcrowding conditions exist, an occupancy standard of two persons per sleeping room plus one persob in anon-sleeping room was utilized. Based on that occupancy. standard, one household to be permanently displaced is overcrowded. Replacement housing referrals to the occupants of this dwelling will reflect the need for larger accommodations. D. REPLACEMENT HOUSING RESOURCES One of the primary purposes of a Relocation Plan is to demonstrate the availability of comparable, affordable, decent, safe and sanitary housing prior to the displacement of residential occupants. In order to adequately relocate the Project households, one rivo- bedroom non-Section 8 unit and one one-bedrooms Section S unit will be required. A housing- survey was. made during the third week in November 2fl08 to identify available comparable, decent, safe.and sanitary units available for rent in close proximity to the Project site. Based on the results of that survey, it appears that comparable replacement dwelling units are available to meet the needs of the households, who will be permanently displaced. Table 2 below outlines the resource study and shows the number of available units and their corresponding rents. TABLE 2: Availability and Cost of Replacement Rental housing Bedroom Size One (Section S) Two # Found (# needed) 10 {l) 22 (1) Rent Range Voucher $950-$1,300 Market Median Rent N/A $1,200 Overland. Pacrfac & Cutler, Inc. E. CONCURRENT RESIDENTIAL DISPLACEMENT Based on the needs of the Project, there are no concurrent displacements, which may impact the ability to relocate the displaced households. F. PROGRAM ASSURANCES AND STANDARDS Adequate funds are available to relocate each affected household... Relocation assistance services will be provided to ensure that displacement does not result in different or separate treatment of households based on race, nationality, color, religion, national origin, sex, marital status, familial status, disability or any other basis protected by the federal Fair Housing Amendments Act, the Arnericans with Disabilities Act, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the California Fair Employment & Housing Act, and the Unruh Act, as well as any other arbitrary or unlawful discrimination. No one will be permanently displaced without 90 days advance written notice and unless "comparable" replacement housing can be made available. Generally, a comparable replacement dwelling must satisfy the following criteria: (a) The unit is decent, safe acrd sanitary -- electrical, plumbing and heating systems in good repair - no major, observable hazards or defects. The unit adequate in size and is comparable to the .acquired dwelling with respect to number of rooms, habitable lining space and type and quality of construction, but not .lesser in rooms or living space as necessary to accommodate the displaced person. The unit is functionally equivalent, including principle features. (b) The unit is located in an area not subjected to unreasonable adverse errvironmental conditions from either natural, or man-made sources, and not generally less desirable with respect to public utilities, transportation, public and commercial facilities, including schools and municipal services and reasonably accessible to the displaced person's place of employment. (c) The -unit is available both on the private market and to all persons regardless of race, color, sex, marital status, religion or, national origin. (d) The monthly rental rate is within the financial means of the displaced residential tenant The relocation program to be implemented by the Developer conforms to the standards and provisions set forth under the Uniform Act and implementing regulations at 49 CFR Part 24 and by Section l04(dj of the Housing and Community Development Act of 1974, (the Act) as amended [42 United States Code, Section 5304(d)]. Overland, Pacific & Cutler, Inc. G. RELOCATION ASSISTANCE PROGRAM OPC staff is available to assist the displaced households with questions about relocation andlor assistance in relocating. A comprehensive relocation assistance program, with technical and advisory assistance, will be provided to the households permanently displaced. Close personal contact will be maintained with each household. Specific activities will include: 1. Distribute appropriate written information concerning the Developer's relocation program, including the Informational Statements included as Attachment 3; 2. Fully inform eligible project occupants of the nature of; :and procedures for, obtaining relocation assistance and benefits; 3. Determine the needs of each dispIacee eligible for assistance, including any special needs of the elderly and disabled; 4. Provide an adequate number of referrals to .comparable, decent, safe anal sanitary housing units, including special facilities needed for the elderly or disabled; 5. Provide assistance that does not result in different or separate treatment due to race, color, religion, national origin, sex, marital status or other arbitrary circumstances; 6. Supply information .,concerning federal and state programs and other governmental programs providing assistance to displaced persons; 7. Assist each eligible residential occupant to complete applications for benefits. S:` Make benefil`determinations and payments in accordance with federal and the Developer adopted relocation guidelines; 4. Establish and maintain a formal grievance procedure for use by displaced persons-.seeking administrative review of the Developer's decisions with respect to relocation assistance. H. PERMANENT RELOCATION BENEFIT CATEGORIES It is anticipated that two residential tenant households displaced by the Project may be eligible for permanent relocation benefits. Eligible tenant occupants wilt be eligible for Rental Assistance and Moving Expense Payments. Permanent relocation benefits will be paid upon submission of required claim forms and .documentation in accordance with Overland, Pacifac & Cutler, Inc. approved procedures. Last resort housing payments will be made in at least two installments. The Developer will provide appropriate benefits for the permanently displaced households as required by the above laws and requirements. Residential Moving Expense Payments The subject households will be eligible to receive a payment for moving expenses_ Payments will be determined based on the cost of one, or a combination of the following methods: 1) Commercial Move - a move performed by a professional mover. Displaced occupants may elect to have a licensed, professional mover perform the move; if so, the Developer will pay for the actual cast of the move up to SO miles and all reasonable charges for packing, unpacking; insurance, and utility connection charges. The payment will be made directly to the mover or as reimbursement to the displaced household with proper supporting documentation. Utility reconnections include gas, water, electricity, and telephone. 2) Self Move -Displaced occupants may perform asel~=move in one or a combination of the following methods: a) Fixed Residential Moving- Cost Schedule -based on the number of rooms containing furniture or other personal property to be moved. The fixed moving payment will be determined according to the most recent Fixed Residential Moving Cost Schedule approved by the Federal Highway Administration and available in Attachment 4. b) Actual cost move - supported by receipted bills for labor and equipment. Hourly labor rates and equipment rental fees may not exceed the cost estimated by a commercial mover. Rental Assistance For Tenan# Occn ants To be eligible to receive rental assistance benefits, the displaced tenant household has to rent or purchase and occupy a decent, safe, and sanitary replacement dwelling within one year from the date they move from the displacement dwelling. Based upon the available data regarding Project displacees, the displaced household may qualify for, and may 6e eligible to apply for, relocation benefits under URA provisions or Section 104{d). Rental Assistance Payments will be calculated based upon the monthly housing need over a 60 month period far eligible occupants whose income level does not exceed $0% of the median income for the County of Orange, as established by the United States Department of Housing and Urban Development {HUD). Recipients of 104(d) benefits would also be eligible to receive reimbursement for security deposit and credit check fees. Except in the case of Last Resort Housing situations, payments to those households whose income level exceeds 80% of the area median income will be payable over a 42 month Overland, Pacific & cutler, Inc. period and limited to a maximum of $5,254 as stated under URA guidelines_ The differences between the two programs are explained in detail in the informational brochures provided to each household {see Attachment 3}. Table 3 portrays the benefits determination under the URA: TABLE 3: Example Computation of URA Rental Assistance Payments 1.Old Rent $650 Old Rent and Utilities 9r 2. Ability to Pay $700 30%ofthe Gross Household income {for Low Income Households} 3. Lesser of lines 1 or 2 $654 Base Monthly Rental Subtracted From: 4. Actual New Rent $750 Actual New Rent and Utilities or 5. Comparable Rent $775 Determined by Developer (includes utilities} 6. Lesser of lines 4 or 5 $750 7. Yields Manthly ATeed: $100 Subtract line 3 from line 6 12ental Assistance $4,200 Multiply line 7 by 42 mouths Rental Assistance payment amounts are equal to 42 times the difference between the base monthly rent and the lesser of: (i} T'he monthly rent and estimated average monthly cost of utilities for a comparable replacement dwelling; or (ii) The monthly rent and estimated average monthly cost of utilities for the decent, safe, and sanitary replacement dwelling actually occupied by the displaced person_ The base monthly rent for the displacement dwelling is the lesser of: (i} The average monthly cost for rent and utilities at the displacement dwelling for a reasonable period prior to displacement, as determined by the Developer. For owner- occupants ar households, which paid little or na rent, fair market rent will be used as a substitute for actual rent; or Overland, Pacafac & Cutler, Inc. {ii} Thirty percent {3D%) of the displaced person's average, monthly gross household income if the amount is classified as "lore income" by the U. S. Department of H©using and Urban Development's (HUD) Annual Survey of Income Limits for the Public Housing anti Section S Programs. HUD's Survey is shown as Attachment S. if a displacee refuses to provide appropriate evidence of income ar is a dependent, the base monthly rent shall be determined to be the average monthly cost for rent and utilities at the displacement dwelling; or (iii) The total of the amount designated for shelter and utilities if receiving a welfare assistance payment from a program that designated the amounts far shelter and utilities Table 4 provides an example of how a 104(d} rental assistance eligibility amount is determined: TABLE 4: Example Computation of 144(d) Rental Assistance Payments 1. Adjusted Gross Income $700 30% of Household's Monthly Adjusted Gross Income* -or- 2. Gross Income $400 l0% of Gross Monthly household Income 3. Greater of lines I and 2 $700 Total Tenant Payment Subtracted from the lesser of- 4. Actual New Rerit $795 Actual New Rent (includes utilities) -or 5. Comparable Rent $S15 Set by Developer (includes utilities) 6. Lesser of lines 4 and 5 $795 7. Monthly Need Amount $95 Subtract line 3 from line 6 Rental Assistance $5,700 Multiply line 7 (Monthly I\ieed} by 6fl months `Adjusted gross income means the total annual income of an individual household less the following: {1) a deduction of $48Q for each dependent; (2) a deduction of $4©Q for an elderly household; {3) a deduction for recurring extraordinary medical expenses; defined for this purpose to mean medical expenses in excess of3% oftotal income, where not compensated for, or covered by insurance or other sources, (4) a deduction of reasonable amounts paid for the care of children or sick or incapacitated family members when determined to be necessary to employment of the head of household or spouse, except that the amount deducted shall not exceed the amount of income received by the person who would not otherwise be able to seek employment in the absence of such care. Last I2esart Housiuzs Payments There is adequate "comparable replacement housing" available to meet the needs of the Project occupants, according to the housing survey. However, a combination of factors, Overland, Pacifac & Cutler, Inc. including the income levels of the tenants, low Froject rents, and the higher cost of replacement dwellings, will create the need for Last Resort Housing. A displaced person is entitled to Last Resort Housing assistance when, in a single residential case, the computed total of rental assistance eligibility exceeds $5,250 or the replacement housing payment exceeds $22,500. This type of situation is likely to develop among low- income or large families, or in environments where project area rents are particularly low, or where property values far the displacement dwellings are significantly lower than the comparable replacement dwellings. Downpayment Assistance Payment #o Tenants who Purchase Residential tenants, who are otherwise eligible io receive the Rental Assistance Payment described above, may choose to receive a lump sum payment equal to forty-two {42} months of rental subsidy {including Last Resort Housing- berteftts) to purchase a new home. Displacees who qualify for the b0-month calculation, and who want to convert their rental assistance entitlement to down payment assistance; .must purchase a cooperative or mutual housing-type replacement home. If a conventional home is purchased, the rental assistance/down payment assistance payment is converted to a 42-month calculation per the URA. I. TEMPORARY RELOCATION BENEFIT CATEGORIES The Developer's Temporary :Relocation Program is designed to minimize hardship, be responsive to unique project circumstances, emphasize maintaining personal contact with all affected individuals, consistently :apply alI regulatory criteria to formulate eligibility and benefit determinations and confor,to all applicable requirements. The relocation program consists of two principal constituents: advisory assistance and financial assistance {Relocation Benefits}. Advisory Assistance Individuals who will need to move from existing homes temporarily will receive advisory assistance. Advisory assistance services are intended to inform displacees about the rehabilitation process and the relocation program as well as facilitate any claims processing: To follow through on the advisory assistance component of the relocation program and assure that the Developer meets its obligations under the law, Developer staff will perform the following functions: Distribute appropriate written information concerning the Developer's relocation program; Overland, Facifac cec Cutler, Irac. 2. Inform eligible project occupants of the nature of, and procedures for, obtaining available relocation assistance and benefits. 3. Inform all persons subject to temporary displacement of the Developer's policies with regard to eviction and property management. Temporary Relocation Benefits All residential occupants to be temporarily relocated wilt be eligible to receive a fxed payment for moving and related expenses. Each one-bedroom household will receive a fixed payment of $625 for the move into a temporary unit on-site aS Weil as$625 for the move back into a rehabilitated unit. The tenants will only be responsible far the utilities in the unit in which they are residing during any phase of the project. Utility or phone transfer fees are included in the fixed moving payment. There is no anticipated need for rental assistance..payments, because the tezaants will be housed on the Project site during the terporary move phase: They will pay the same rental rates for their temporary units as they are paying in their current units. J. PAYMENT OF RELOCATION BENEFITS Relocation beneft payments will be made. expeditiously by the Developer. Claims and supporting documentation for `relocation benefits must be filed with the Developer within eighteen (18) months from the date the claimant moves from the Project site. Procedures far preparing and fling of claims and processing and delivering of payments are attached as Attachment 5. Relocation .staff will inspect any..replacement units to verify that they meet all the standards of decent, safe, and sanitary as defined in Section 24.2 (a) (8} of the Uniform Act. No houselold will be entitled to a rental assistance or replacement housing payment, if it chooses to move to a replacement unit which does not meet the standards of decent, safe, and sanitary housing. K. EVICTION PC3LICY The Developer recognizes that eviction is permissible only as a last resort and that relocation records must be documented to reflect the specific circumstances surrounding any eviction. 1. Eviction will cause the forfeiture of a displacee's right to relocation assistance or benefits. Relocation records will be documented to reflect the specific circumstances surrounding any eviction action. 2. Eviction may be undertaken for one, or more of the following reasons: Overland, 1'acafic & Cutler, Inc. {a} Failure to pay rent, e~eept in those cases where the failure to pay is due to the owner's failure to keep the premises in habitable condition; is the result of harassment or retaliatory action; or, is the result of discontinuation, or a substantial interruption of services; (b) Performance of a dangerous, and/or illegal act in the unit; {c} A material breach of the rental agreement, and failure upon notification to correct said breach within 30 days of Notice; {d} Maintenance of a nuisance, and failure to abate such nuisance upon notification within a reasonable time following Notice; (e) Refusal to accept one of a reasonable number of a~ffers of replacement dwellings; and/or, (fl A requirement under State, oi• local law or emergency circumstances that cannot be prevented by reasonable efforts on the part of the Developer. L. APPEALS POLICY The appeals policy will follow-the standards described in section 29.10 of the Uniform Act. Briefly stated, the displaced household will have the right to ask for review when there is a complaint regarding any. of its rights to relocation and relocation assistance, such as a determination as to eligibility, the:amount of payzzaent, or the failure to provide a comparable replacement housing referral.. The Developer has an appeal's procedure in place, including a reasonable titrie lima-:for the flrlidg of an appeal, a prompt written response to any appeal and review of the appeal by a senior Developer staff member or his/her authorized designee, as long as the reviewer was not directly involved in the action appealed. Specif c details regarding the appeals policy will be furnished upon request. M. CITIZEN ~'ARTICIPATION As the process for considering the Project moves forward, the Developer will observe the following protocol: Provide affected tenants with full and timely access to documents relevant to the relocation program; 2. Encourage meaningful participation in reviewing the relocation plan and monitoring the relocation assistance program; including the Project area occupants, neighborhood groups and community organizations forming a relocation committee; 4veriand, Pac fc & Cutler, Inc. 3. Provide technical assistance necessary to interpret elements of the Relocation Plan and other pertinent materials; 4. Issue a general notice concerning the availability of the Plan for public review, as required, 30 days prior to its proposed adoption; Include written or oral comments canceming the Plan and the Developer's response as an attachment when it is forwarded to the appropriate governmental body far approval. N. IMMIGRATION STATUS federal legislation (PLI05-117} prohibits the payment of relocation assistance benefts under the Uniform Act to any alien not lawfully present in the United States unless such ineligibility would result in an exceptional and extremely unusual hardship.`to. the alien's spouse, parent, or child any of whom is a citizen'.:or an: alien admitted far permanent residence. Exceptional and extremely unusual hardship is defined as signifcant and demonstrable adverse impact on the health or safety, continued existence of the family unit, and any other impact determined by the Developer to negatively affect the alien's spouse, parent or child. The Developer will autlioriz.e the payrr~ent of relocation assistance benefits to alien residents from non-federally autliurized reirnbnrsable funds. In order to track and account for relocation assistance and benefit payments, relocation staff will be required to seek immigration status information from each displacee 18 years and older by having them self certify as to their legal status. If 104(d} rules .apply to a household, based on the procurement of HOME funds for the proposed Project,- legal- .presence in the United States is not required in order to receive eligible relocation assistance and benefits. O. PRO.IECTED DATE OF DISPLACEMENT All displaced occupants r?vill receive a 90-day notice to vacate before they are required to move. The earliest these notices are expected to be issued is May 2009. P. ESTIMATED RELOCATION COSTS The estimate of fatal relocation payments for two permanently displaced households and eight temporary relocations, including a 10% contingency, is $32,000. This estimated relocation budget does not include relocation administrative services or provision for any other services necessary for the implementation of the PIan and Project. Overland, Pacific & Cutler, Inc. TABEE OF ATTACHIVIENTS Attachment 1: Project Site Maps Attachment 2: Demographics of the Project Area Attachment 3: Residential Informational Brochures -Uniform Act and l04(d} Attachment 4: Fixed Moving Payment Schedule Attachment 5; HUD Income Limits -Orange County- Attachment 6; Relocation Payment Policy Regarding Procedures for Payment of Relocation Claims Overland, Pacifrc & Cutler, Inc. ATTACHMENT l: PROJECT SITE MAPS Figure 1: Regional Project Setting F ` ~" R W'x a~ nk.,~9emret k t .l ~~ k_ ,~. ~ ~ i Sherrtts L~ry.+t ~` r _ `;.-' Paik~ ` °~~ ~~x, isa~. w~ ~ ~,.` . f ~., ~ , .~:-~ x > , .~ ~_ •,, , ~ ~. ~S l~ I ~~ ~ ~~ ~ ~~ ~ ~j. 1 f ,Rr ~ S ~ ~ +~ 6 1, a LakeF o f a :~`~- San Re~~Perk~ _ Y Figure 2: Project Site Location - ~ ` ~° o. ~. ~.._ _..--- _-._.. ~..- - a ---- -._...z ~........ t __. _ ~-~1 Its-St ~ ~aYmar_St. .....- - 4- ~. ~ ~ i ... ~'AdeR[.~57... 4'''" ~ -. _ ~_.. 7425 Pa2t~5f :5arta ArsaCiit121d4 - o~ " : . : __._. _.__ ......... W.... nta__Yisla Axa.-_..... _. ----- --- ~-- ~ ........-... . .. i SantaFioa -1j o. - ~': ~ : - . m ~ _ ..... _._.. _ ~' ~ m m 3'= ------ ---- -~~~_... --- . ...... ......VP ~sSerial~--~-..., .,.-.',,t.. 0 . ~ ~ E . r.. Perk Cu M~~'200~5 M~icrosofl Cn _andlorils~su Tiers, All rk htS Ceserv¢tl~ Overland, Pacifzc & Cutler, Inc. ATTACHMENT 2: DEMOGRAPHICS OF THE PROJECT AREA According to the 2000 U.S. Census, the population of the City of Santa Ana is 337,977 and the population of the impacted Census Tract 748.06Block 1006 is 1,641 (see Table l). Corresponding Census data concerning the housing mix is shown in Table 2. TABLE 1:2000 Census Po ulation - Ci of Santa Ana & >lm acted Tract Population Tract 748.06 1006 % City Total Population 1,641 100.0% 337,977 100.0% White 430 26:2% 144,425 42.7% Blaek or African American 21 13% 5,749 1.7% American Indian or Alaska Native 14 0.97% 4;013 1.2% Asian 16 1.0% 29;778 8.8% Native Hawaiian or Other Pacific Islander 0 0.0% 1,1 &0 0.3% Same Other Race 1,075 65.5% 137,360 40.6% Two or More Races 85 5:2% 15,492 4.6% Hispanic or Latino (of Any Race) .1,591 97:0% 257,097 76.1% Source: U.S. Census Bureau, QT-PL. Race; Hispanic or Latino, and Age: 2000 TABLE 2: 2000 CensusHousip Units -- Ci of Santa Ana & )Cm acted Tract Type Tract 748.06 1006 % City Total Occupied Units 264 100% 73,002. 979% Owner-Occupied 2 0.8% 36,005 49.3% Renter-Occupied 262 99.2% 36,997 50.7% Vacant Housing Units- 0 0.0% 1,586 2.1% Available-for Sale Only {a~Total Vacant Units) 0 0.0% 292 18.4% Available for Rent -Full Time Occu ancy {of Total Vacant Units 0 0.0% 700 44.1% Sold or Rented - Not' OccU -led 0 0.0% 109 6.9% Otherwise Not Available {e.g. seasonal, recreational, migratory, occasional use) 0 0.0% 142 6.4% Other Vacant 0 0.0% 383 24.1% Source: U.S. Census Bureau, QT-H1. General Housing Characteristics: 2000 Displacing Agency: C&C Development Co. and Orange Housing Development Corporation Project Nar~te: Rant Apartments Project Displacing Agency Representative: Overland, I~aci~ic & Cutler, Inc. 10 Hughes, A207 Irrrine, CA 9261.8 Phone: (800) 901-5263 Informational :Statement Content: 1. Gerierallnformation 2. Assistance fn Locating A Replacement Dwelling 3. Muting Benefits 4: Replacement Housing Payment - Tenon#s And Certain Others 8. Section 8 Tenants 6. Replacement Housing Payment -Homeowners 7. Qualification For And Filing Of Relocation Claims 8. Last Resort Housing Assistance 9. Ren#al Agreement 10. Evictions '! 1. Appeal Procedures - Grievance 12. Tax Status of Relocation Benefits 13. Legal Presence Requirement 14. Non-Discrimination and Fair Housing 15. Additional lnforma#ion And Assistance Available Spanish "speakia~represers~atives ar_e avai#abte. Si necesita esta informaeion en es}~anot, por~fauorlla~e~asu '- represeritanta. ' _..__ F~t~ormati©nal S~a~errlen~~ for FaFniiies aid lndivc~,~rais Fec~e~~l} 1. GENERAL INFORMATION The dwelling in which you now live is in a project area to be improved by, or financed through, the Displacing Agency using federal funds. if and when the project proceeds, and it is necessary for you to move from your dwelling, you may be eligible for certain benefits. You will be notified in a timely manner as to the date by which you must move. Please read this information, as it will be helpful to you in determining your eligibility and the amount of the relocation benefits you may receive under the federal law. You will need to provide adequate and timely information to determine your relocation benefits. The information is voluntary, but if you don't provide it, you may not receive the benefits or it may take longer to pay you. We suggest you save this informational statement for reference. The Displacing Agency has retained the professional firm of Overland, Pacific & Cutler, Inc. (OPC} to provide relocation assistance ta.you. The firm is available to explain the program and benefits. Their address and telephone number is listed on the cover. PLEASE DO NOT MOVE PREMATURELY. THIS IS NOT A NOTICE TO VACATE YOUR DWELLING. However, if you desire to move sooner than. required, you must contact your representative with Overland, Pacific & Cutler, Inc., so you will not jeopardize any benefits. This is a general informational brochure only, and is not intended to give a detailed description of either the law or regulations pertaining to the Displacing Agency's relocation assistance program. Please continue to pay. your rent to your current landlord, otherwise you may be evicted and jeopardize the relocation benefts to which you may be entitled to receive. Once the Displacing Agency acquires the property, you will also be required to pay rent to the Displacing Agency. 2. ASSISTANCE IN LOCATING A REPLACEMENT DWELLING The Displacing Agency, through its representatives, will assist you in locating a comparable replacement dwelling by providing referrals to appropriate and available housing units. You are encouraged to actively seek such housing yourself. When a suitable replacement dwelling unit has been found, your relocation consultant will carry out an inspection and advise you as to whether the dwelling unit meets decent, safe and sanitary housing requirements. A decent, safe and sanitary housing unit provides adequate space for its occupants, proper weatherproofing and sound heating, electrical and plumbing systems. Your new dwelling must pass inspection before relocation assistance payments can be authorized. 3. MOVING BENEFITS if you must move as a result of displacement by the Displacing Agency, you will receive a payment to assist in moving your personal property. The actual, reasonable and necessary expenses for moving your household belongings may be determined based on the following methods: A Fixed Moving Payment based on the number of rooms you occupy (see below), or A payment for your Actual Reasonable Moving and Related Expenses based on at least two written estimates and reeeipted bills; or A combination of bath (in some cases}. For example, you may choose a Self Move, receiving a payment based on the Fixed Residential Moving Cost Schedule shown below, plus contract with a professional mover to transport your grand piano and for other items that require special handling. In Phis case, there may be an adjustment in the number of rooms which qualify under the Fixed Residential Moving Cost Schedule. A. Fixed Moving Payment (Self Move} A Fixed Moving Payment is based upon, the number of rooms you occupy and whether or not you own your own furniture. The paymeri# is based upon a schedule approved by the Displacing Agency, and ranges, for example, from $400.0 for one furnished room to $2,150.00 far eight rooms in an unfurnished dwelling. (For details see the table). Your relocation representative will inform you o~ fhe amount you are eligible to receive, if you choose this type of payment. if you select a fixed payment, you will be responsible for arranging for your own move, Occupant owns furniture: 1 room $625 2 rooms $800 3 rooms $1,000 4 rooms $1,175 5 rooms $1,425 6 rooms $1,650 7 rooms $1,900 8 rooms $2,150 Each additional room $225 Occupant does NOT own furniture: 1 room $400 Each additional room $65 and the Displacing Agency will assume no liability for any loss or damage of your personal property. A fixed payment also includes utility hook-up, credit check and other related moving fees. B. Actual, Moving Expense (Commercial Move) If you wish to engage the services of a licensed commercial mover and Dave the Displacing Agency pay the bill, you may claim the ACTUAL cost of moving your personal property ,up to 50 miles. Your relocation representative will inform you of the number of competitive moving bids (if any) which may be required, and assist you in developing a "mover" scope of services far Displacing Agency approval. 4. REPLACEMENT HOUSING PAYMENT -TENANTS AND CERTAIN OTHERS You may be eligible for a payment up to $5,250.00 to assist in renting or purchasing a comparable replacement dwelling. in order to qualify, you must either be a tenant who has occupied the present dwelling for at least 90 days immediately prior to the initiation of negotiations or an owner who has occupied the present dwelling between 90 and 180 days immediately prior to the initiation of negotiations. A. Rental Assistance. If you wish to rent your replacement dwelling, your maximum rental assistance benefits will be based upon the difference over aforty-two (42) month period between the rent you must pay for a comparable replacement dwelling and the lesser of your current rent or thirty percent (3a%) of your monthly household income if your total gross income is classified as "low income" by the U. S. Department of Housing and Urban Development's {HUD) Annual Survey of Income Limits for Public Housing and Section 8 Programs. You will be required to provide your relocation representative with monthly rent and household income verification prior to the determination of your eligibility for this payment. -OR- B. Down-payment Assistance. If you qualify, and wish to purchase a home as a replacement dwelling, you can apply up to the total amount of your rental assistance payment towards the down-payment and non-recurring incidental expenses. Your relocation representative will clarify procedures necessary to apply for this payment. 5. SECTION 8 TENANTS When you do move, you may be eligible to transfer your Section 8 eligibility to a replacement site. In such cases, a comparable replacement dwelling will be determined based on your family composition at the time of displacement and the current housing program criteria. This may not be the size of the unit you currently occupy. Your relocation representative will provide counseling and other advisory services along with. moving benefits. 6. REPLACEMENT HOUSING PAYMENT -HOMEOWNERS A. If you own and occupy a dwelling to be purchased by the Displacing Agency for at least 180 days prior to the initiation of negotiation, you may be eligible to receive a payment of up to $22,500A0 to assist you in purchasing a comparable replacement unit. This payment is intended to cover the following items: 1. Purchase Price Differential - An amount which, when added to the amount for which the Displacing Agency purchased your property, equals the lesser of the actual cost of your replacement dwelling; or the amount determined by the Displacing Agency as necessary to purchase a comparable replacement dwelling. Your relocation representative will explain both methods to you. 2. Mortgage Interest Differential -The amount which covers the increased interest costs, if any, required to finance a replacement dwelling. Your relocation representative will explain limiting conditions. 3. Incidental Expenses -Those one time incidental costs related to purchasing a replacement unit, such as escrow fees, recording fees, and credit report fees. Recurring expenses such as prepaid taxes and insurance premiums are not compensable. B. Rental Assistance Option - If you are an owner-occupant and choose to rent rather than purchase a replacement dwelling, you may be eligible for a rental assistance payment of up to the amount that you could have received under the Purchase Price Differential, explained above. The payment will be based on the difference between the fair market rent of the dwelling you occupy and the rent you must pay for a comparable replacement dwelling. Tf you receive a rental assistance payment, as described above, and later decide to purchase a replacement dwelling, you may apply for a payment equal to the amount you would have received if you had initially purchased a comparable replacement dwelling, less the amount you have already received as a rental assistance payment. 7. QUALIFICATION FOR AND FILING OF RELOCATION CLAIMS To qualify for a Replacement Housing Payment, you must rent or purchase and occupy a comparable replacement unit within one year from the following; For a tenant, the date you move from the displacement dwelling. For anowner-occupant, the latter of: a. The date you receive final payment for the displacement dwelling, or, i~a the case of condemnation, the date the full annount of. estimated just compensation is deposited in court; or b. The date the Displacing Agency fulfills its obligation to make available comparable replacement dwellings. All claims for relocation benefits must be fited with.the DisplacingAgeney within eighteen (i8) manths from the date on which you receive final` payrrient for your property, or the date, on which you move, whichever is later. 8, LAST RESORT HOUSING ASSISTANCE if comparable replacement dwellings are not available when you are required to move, or if replacement housing is not available within the monetary limits described above, the Displacing Agency will. provide Last Resort Housing assistance to enable you to rent or purchase a replacement dwelling .4n a timely basis. Last Resort Housing assistance is based on the individual circumstances of the displayed .person. Your relocation representative will explain the process fQr determining whether or not you qualify for Last Resort assistance. if you are a tenant, and you: choose to purchase rather than rent a comparable replacement dwelling, the entire, amount of your rental assistance and Last Resort eligibility must be applied toward the down-payment and eligible incidental expenses of the home you intend to purchase. 9. RENTAL AGREEMENT As a result of the Displacing Agency's action to purchase the property where you live, you may became a tenant of the Displacing Agency. If this occurs, you will be asked to sign a rental agreement which will specify the monthly rent to be paid, when rent payments are due, where they are to be paid and other pertinent information. 14. EVICTIONS Eviction for cause must conform to applicable State and local law. Any person who occupies the real property and is not in unlawful occupancy on the date of initiation of negotiations, is presumed to be entitled to relocation benefits, unless the Displacing Agency determines that: • The person received an eviction notice prior to the initiation of negotiations and, as a resin#, was later evicted; or • The person is evicted after the initiation of negotiations for serious or repeated violation of material terms of the Tease; and • The eviction was not undertaken for the purpose of evading relocation assistance regulations. Except for the causes of eviction set forth above, no person lawfully occupying property to be purchased by the Displacing Agency will be required to move without having been provided with at least 90 days written notice from the Displacing Agency. 11. APPEAL PROCEDURES -GRIEVANCE Any person aggrieved by a determination as to eligibility for a relocation payment, or the amount of a payment, may have the claim reviewed or recgnsidered in accordance with. the Displacing Agency's appeals procedure. Complete details on ap~seal procedures are available upon request from the Displacing Agency. 12. TAX STATUS OF RELOCATION BENEFITS California Government Code Section 7269 indicates no relocation payment received shall be considered as income for the purposes of the Personal .In.eome Tax Law, Part 10 (commencing with Section 170 O1} of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax law, Part ~ 1 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Cade. lk~rthermare; federal regulations {49 CI~R Part 24, Section 24.209) also indicate that no payment received under this part (Part 24) shall be considered as income for the purpose of the Internal Revenue Code of 1954, which has been redesignated as the Internal Revenue Code of 1986. The preceding statement is not tendered as legal advice in regard to tax consequences, and displacees s$quld consult with their own tax advisor or legal counsel to determine the current staffs of such payments. (IRS Circular z30 disclosure.• To ensure compliance with requirements imposed by the IRS, we inform you that-any tax advice contained fn this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting marketing ar recommending to another party any matters addressed herein) 13. LAWFUL. PRESENCE REC~UIREMENT In order to be eligible to receive relocation benefits in federally-funded relocation projects, all members of the household to be displaced must provide information regarding their lawful presence in the United States. Any member of the household who is not lawfully present in the United States or declines to provide this information may be denied relocation benefits, unless such ineligibility would result in an exceptional and extremely unusual hardship to the alien's spouse, parent, or child, any of whom is a citizen or an alien admitted for permanent residence. Exceptional and extremely unusual hardship is defined as significant and demonstrable adverse impact on the health or safety, continued existence of the family unit, and any other impact determined by the Displacing Agency to negatively affect the alien's spouse, parent or child. Relocation benefits will be prorated to reflect the number of household members with certified lawful presence in the US. 14. NON-DISCRIMINATION AND FAIR HOl1SING No person shall on the grounds of race, color, national origin or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under the Displacing Agency's relocation assistance program pursuant to Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1965, and other applicable state and federal anti- discrimination and fair housing laws. You may file a complaint if you believe you have been subjected to discrimination. For details contact the Displacing Agency. 15. ADDITIONAL INFORMATION AND ASSISTANCE AVAILABLE Those responsible for providing you with relocation assistance hope to assist you in every way possible to minimize the hardships involved in relocating to a near home. Your cooperation will be helpful and greatly appreciated. If you have any questions at any time during the process, please do not hesitate to contact your relocation representative at Overland, Pacific & Cutler. - - Fars ~i iat~ona~ Stater~~ e~ ~~ ~ . r, (Federal - Secti©rl '! 04(d)) Displacing Agency: C&C Development Agency Co. and Orange Development Corporation Project Name: Rant Apartments Project Displacing Agency Representative: Overland; Pac4fie & Cutler, Inc. 10 Hughes, A207 Irvine, CA 926'!$ ~ i Phone: (800} 901-5263 1r~to~rt~tationat Statement Content: 1. General Enformation 2. Assistance Fn Locating A Replacement Dwelling 3. Moving Benefits 4. Replacement Housing Payment ~: Current Housing Choice Voucher Tenants 6. Qualifcation For And Filing Of Relocation Claims 7. Renta! Agreement 8. Evictions 9. Appeal Procedures -Grievance 9 {~. Tax Status of Relocation Benefits 71. Lawful Presence Requirement '12. Non-Discrimination and Fair Housing 13. Additional Information And Assistance Available Spanistrspeak~nc,~~~presenfat-Ives ere available Si.necesita esta infonaciori en esparto#;:par favnrltar~ie a su _. ~ - re~resen€a~€e. 1. GENERAL IN1=0RMATION The dwelling in which you now live is in a project area to be improved by, or financed through, the Displacing Agency using federal funds. If and when the project proceeds, and it is necessary far you to move from your dwelling, you may be eligible for certain benefits. You will be notified in a timely manner as to the date by which you must move. Please read this information, as it will be helpful to you in determining your eligibility and the amount of the relocation benefits you may receive under the federal Iaw. You will need to provide adequate and timely information to determine your relocation benefits. The information is voluntary, but if you don't provide it, you may not receive the benefits or it may take longer to pay you. We suggest you save this informational statement for reference. The Displacing Agency has retained the professional firm of Overland, Pacific & Cutler, I~ac. (OPCj to provide relocation assistance to you. The firm is available to explain the program and benefits. Their address and telephone number is listed on the cover. PLEASE DO NOT MOVE PREMATURELY. THIS I5 NOT A NOTICE TO VACATE YOUR DWELLING. However, if you desire to move sooner than required, you must contact your representative with Overland, Pacific & Cutler, Inc., so you will not jeopardize any benefits. This is a general informational brochure only, and is not intended to give a detailed description of either the law or regulations pertaining to the Displacing Agency's relocation assistance program. Please continue to pay your rent to your current landlord, otherwise you may be evicted and jeopardize the relocation benefits to which you may be entitled to receive. Once the Displacing Agency acquires the property, you will also be required to pay rent to the Displacing Agency. This brochure describes the relocation payments and other relocation assistance provided under section 1b4(dj of the Housing and Community Development Act of 197d (section 104(4)) to eligible persons displaced from their homes. Persons eligible for assistance have the option of declining the. section 104(4) assistance and receiving assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Aet of 1970 {URA), if they decide that it is in their best interest. To be eligible far relocation assistance under section 104(d}, you must be slower-income person (family or individual) and must move as a direct result of tine "conversion" ar demolition of your dwelling unit for a project in which Federal Community Development Block Grant (CDBG}, Section 148 Loan Guarantee, or HOME Investment Partnerships funds are used. "Lower-income" means that your income does not exceed SO% of the median income for the area as established by the U.S. Department of Housing and Urban Development (HUD}. Generally, "conversion" means that before the project, your unit had a "market rent" at or below the HUD Fair Market Rent (FMR) standard, and, after the project, the market rent exceeds the FMR, or the unit was converted to a nanresidemia! use. HUD determines the FMRs far use in its programs. The levels vary by metropolitan area and by the size of the unit. The Displacing Agency will determine whether you qualify as glower-income person and if your home will be demolished or "converted." If you do not qualify for section 104{d} assistance, you may be eligible for relocation assistance under the 1 TR_A_ 2. ASSISTANCE IN LOCATING A REPLACEMENT DWELLING The Displacing Agency, through its representatives, will assist you in locating a comparable replacement dwelling by providing referrals to appropriate and available housing units. You are encouraged to actively seek such housing yourself. When a suitable replacement dwelling unit has been found, your relocation consultant will carry out an inspection and advise you as to whether the dwelling unit meets decent, safe and sanitary housing requirements. A decent, safe and sanitary pausing unit provides adequate space far its occupants; proper weatherproofing and sound heating, electrical and plumbing systems. Your new dwelling must pass inspection before relocation assistance payments can be authorized. 3. MOVING BENEFITS if you must move as a result of displacement liy tpe .Displacing Agency, you `?vill receive a payment to assist in moving your personal property:' The actual, reasonable 'and necessary expenses for moving your household belongings may be determined based on the following methods: • A Fixed Moving Payment based on tpe number of roorriS you occupy (see below); or • A payment for your Actnal.,Reason~ble Movin and Related Expenses based on at least two written estimates and receipted bibs; or • A combination of both (in some cases); and • Other Moving Expenses depending on program requirements For example, you may choose a Self Move, receiving a payment based on the Fixed Residential Moving Cost Schedule shown belov~, plus contract with a professional mover to transport your grand piano and /or other items teat require special handling. In this case, there may be an adjustment in the number of rooms which qualify under the Fixed Residential Moving Cost Schedule. A. Fixed Moving Payutent (Self Mflve) )E*i:ce~k ~~`~~ rp~ S~lt~dule A Fixed Moving Payment is based upon the ~ ~`~~`t~0~~ 4,~~~tive~ lU~tk~)__ Occupant Owus Furniture: number. of rooms yotz occupy and whether or 1 room $525 not you o~rn your owri furniture. The payment 2 roams $S00 is based upon a .schedule approved by the 3 rooms $1,000 Displacing Agency, and ranges, far example, 4 rooms $1,175 from $400A0 for one furnished room to 5 rooms $1,425 $2,150.00 for eight rooms in an unfurnished 5 rooms $1,650 dwelling. {For details see the table}. Your 7 rooms $1,900 relocation representative will inform you of the grooms $2,150 amount you are eligible to receive, if you Each additional room $225 choose this type of payment. if you select a fixed payment, you will be responsible for Occupant Does NOT Owrt arranging for your own move, and the Furniture: Displacing Agency will assume no Iiability for 1 roam $400 1 d f ~ Each additional room $55 any oss or amage o your person property. A fixed payment also includes utility hook-up and other related moving fees. C. Actual Moving Expense (Commercial Move) if you wish to engage the services of a licensed commercial mover and have the Displacing Agency pay the bill, you may claim the ACTUAL cast of moving your personal property up to 50 miles. Your relocation representative will inform you of the number of competitive moving bids (if any) which may be required, and assist you in developing a "mover" scope of services for Displacing Agency approval. C. Other Moving Expenses Under the Section I04(d) program, payment of a security deposit required to rent a replacement dwelling and any credit check required to rent or purchase a replacement unit are eligible expenses. Also, interim living costs; when required as a result of the planned relocation program are eligible. 4. REPLACEMENT HOUSING PAYMENT You may be eligible for a payment to assist in renting or purchasing a comparable replacement dwelling. If so, you may choose assistance under section I04(d} or under the URA.. for most lower-income tenants, the amount of assistance provided under section 104(d) is greater. A. Section 104(4) Rental Assistance If you are eligible, you will receive assistance basedon. estimated needs for a period of 60 months. The Agency-tray offer you that assistance iri-cash or under the Housing Choice Voucher (HCV} 1'z~ogram..The Agency will tell you which option it is providing to you. • Cash Rental Assistance. A household's "need" for rental assistance is computed by subtracting the highest :of the following calculations from the rent and estimated average monthlyutility costs for your new horrie {or a comparable replacement home, if that cost is lower): 1:. 30 percent of the'household's monthly adjusted income, 2. lfl;percent of the household's monthly gross income, or 3. The welfare rent allowance {where designated). That monthly need, if any, is multiplied by 60, to determine the total amount that you will receive. This amount will be paid directly to you in monthly installments or other periodic payments. Example: Let`s say that your family`s adjusted monthly income is $600, and the monthly rent and estimated average utility costs for the comparable replacement home to which you move are $350. In this case, your monthly need would be $170 [$350 - $180 (30 percent of $600)]. Multiplying this amount by 60 results in $10,200 of rental assistance. • Housing Choice Voucher (HCV) (section 104(d)). You may be offered a HCV. if so, you will also be referred to comparable replacement homes where the owner will accept the voucher. If the rent and estimated average monthly utility costs for both the comparable replacement home and the unit to which you relocate exceed the voucher "payment standard," you will qualify far cash assistance to cover the gap for 60 months. Advantages of HCV Assistance. The HCV assistance may continue for as long as you have a need. Unlike cash assistance, HCV assistance is recomputed each year to reflect changes in your income, rent or the cost of utilities. While cash assistance wall terminate at the end of 60 months, HCV assistance may continue to be available after the 60-month period ends if you still qualify as alower-income person. B. URA Rental Assistance IJRA rental assistance is computed by subtracting the "base monthly rent" for your present home from the rent and average monthly cast of utilities: for your new home {or a comparable replacement home, if that cost is lower). That monthly need, if any, is multiplied by 42, to determine the total amount that you will receive. This amount will be paid directly to you in monthly installments or other periodic payments. Generally, the base monthly rent for your present home is. the lesser of: (1 }the monthly rent and average monthly cost for utilities, or {2) thirty (30) percent of your gross monthly household income (if you are low-income based on HUD income limits). Examples: Let's say that the monthly xent and average eo. st far utilities for your present home are $250; the monthly rent and estimated average utility costs for a comparable replacement home are $350; and your monthly gross income is $700. In this case, your "base monthly rent" would be $210 because you are low-income and that amount {30 percent of your income} is less than the monthly cost of rent and utilities at your present home {$250}. • If you rent a .replacement home for $360 per month, including estimated average monthly utility charges, you will receive $5,880. That amount is 42 times $140 {the difference between the "base monthly rent" for your present home {$210} and the cost for a comparable replacement home {$350}}. • If you rent a replacement home for $310, including estimated average monthly utility charges, you will receive $4,200. That amount is 42 times $100 (the difference between the "base monthly rent" for your present home ($210) and the actual cost of your new home ($310}}. C. Purclxase Assistance If you buy, rather than rent, a replacement home, you may be eligible for assistance to make a down payment. The amount depends on the type of housing that you buy. section 104{d) purchase assistance is limited to mutual housing and cooperative housing. If you wish to purchase a house that is not mutual or cooperative housing, your purchase assistance would be provided under the URA. Section 104(d) Purchase Assistance. if you buy a replacement home which is mutual or cooperative housing, you may be eligible for assistance based on the present value of the monthly payments you would receive if you rented a comparable replacement home for 60 months. Remember, the monthly payment is generally determined by subtracting 30 percent of your adjusted income from the monthly rent and estimated average monthly utility costs for a comparable replacement home. Example: Assuming the information in the prior section 104(d} example and a 4 percent return on passbook savings, the purchase assistance would be $9,231. Remember, your net monthly contribution is $180, and the monthly rent and estimated average monthly cost of utilities for a comparable replacement home total $350. The monthly difference is $170. The present value of 50 monthly payments of $170, discounted at 4 percent, is $9,231. The full amount of the payment must be applied to the purchase of the mutual or cooperative housing that you buy. URA Purchase Assistance for Renters. LIRA assistance to make a down payment is equal to the amount you would receive if you had rented a comparable replacement home (42 tithes-the amount obtained by subtracting the "base monthly rent" far your present home from the monthly rent and estimated average monthly cost of utilities for a comparable replacement home}. Remember, LIRA assistance is not limited to mutual housing or cooperatives. Example: Assuming the information in the prior URA examples, the assistance for a down payment would be $5,880. That amount is 42 times $140 {the difference between the "base monthly rent" for your present home ($210) and the monthly rent and estimated average monthly utility costs for a comparable replacement home ($350)}. The full amount of the payment must be applied to the purchase of your new home. 5. CURRENT HOUSING CHOICE VOUCHER TENANTS If you are currently using a Housing Choice Voucher (HCV}, when you do move, you may be eligible to transfer your HCV eligibility to a replacement site. In such cases, a comparable replacement dwelling will be determined based on your family composition at the time of displacement and the current housing program criteria. This may not be the size of the unit you currently occupy. Your relocation representative will provide counseling and other advisory services along with moving benefits. If the rent and estimated average monthly utility costs for both the comparable replacement home and the unit to which you relocate exceed the voucher "payment standard," you will qualify for cash assistance to cover the gap based on the assistance option chosen {URA or Section 104{d}}. 6. QIJA__LI_FICATION FOR, AND FILING 01=, RELOCATION CLAIMS To qualify for a Replacement Housing Payment, you must rent ar purchase and occupy a comparable replacement unit within one year from the fallowing: For a tenant, the date you move from the displacement dwelling. 1?or an owner-occupant, the latter of a. The date you receive fnal payment for the displacement dwelling, or, in the case of condemnation, the date the full amount of estimated just compensation is deposited in court; or 6. The date the Displacing Agency fulfills its obligation to make available comparable replacement dwellings. All claims for relocation benefits must be filed with the Displacing Agency within eighteen (18j months from the date on which you receive final payment for your, property, or the date, on which you move, whichever is later. 7. RENTAL AGREEMENT As a result of the Displacing Agency's action to purchase the property where.you live, you may became a tenant of the Displacing Agency. If this actors, you will be asked to sign a rental agreement which will specify the monthly rent to- be paid, when rent payments are due, where they are to be paid and other pertinent information. 8, EVICTIONS Eviction for cause must conform to applicable State::and local law. -.Any person who occupies the real property and is not in unlawful occupancy ort the .;date of initiation of negotiations, is presumed to be entitled to relocation benefits, unless the Displacing Agency determines that: • The person received an eviction notice- prior to the initiation of negotiations and, as a result, was later evicted; or • The person is evicted after the initiation of negotiations for serious or repeated violation of material terms of the lease;: and • The eviction was not undertaken. for the purpose of evading relocation assistance regulations. Except for:. the causes of evie~ion set forth above, no person lawfully occupying property to be purchased`'tzy the DisplacingAgency will be required to move without having been provided with at least 90 days written notice £ram the Displacing Agency. 9. APPEAL PROCEDURES - GRIEVANCE Any person aggrieved by a determination as to eligibility for a relocation payment, or the amount of a payment, may have the claim reviewed or reconsidered in accordance with the Displacing Agency's appeals procedure. Complete details on appeal procedures are available upon request from the Displacing Agency. 10. TAX STATUS OF RELOCATION BENEFITS California Government Cade Section 7269 indicates no relocation payment received shall be considered as income for the purposes of the Personal Income Tax Law, Fart 10 (commencing with Section 170 01} of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax law, Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. Furthermore, federal regulations (49 CFR Part 24, Section 24.209) also indicate that na payment received under this part (Part 24) shall be considered as income for the purpose of the Internal Revenue Code of 1954, which has been redesignated as the Internal Revenue Code of 1986. The preceding statement is not tendered as legal advice in regard to tax consequences, and displacees should consult with their own tax advisor or legal counsel to determine the current status of such payments. (IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS; we inform you that any tax advice contained in this communication (including any attachments} was not intended or written to be used, and cannot be used, for the purpose of (i} avoiding tax-related penalties under the Internal Revenue Code or (iiJ promoting marketing or recommending to another party any matters addressed herein} 11. LAWFUL PRESENCE REQUIREMENT In order to be eligible to receive relocation benefits in federally-funded relocation projects under URA, all members of the household to be displaced. must provide information regarding their lawful presence in the United States. Any member of the household who is not lawfully present in the United States or declines to provide this information may be denied relocation benefits, unless such ineligibility would result in an exceptional and extremely unusual hardship to the alien's spouse, parent, or child, any of whom is a citizen or an alien admitted for permanent residence. Exceptional and extremely unusual hardship is defined as significant and demonstrable adverse impact on the health or safety, continued existence of the family unit, and any other impact determined by the Displacing Agency to negatively affect the alien's spouse, parent or child. Relocation benefits will be prorated to reflect the number of household members with certified lawful presence in the US. (Section 104{d) is not subject to this requirement.) 12. NON-DISCRIMINATION AN© FAIR HOUSING No person shall on the grounds of race, color, national origin or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under the Displacing Agency's relocation assistance program pursuant to Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, and other applicable state and federal anti- discrimination and fair housing laws. You may file a complaint if you believe you have been subjected to discrimination. For details contact the Displacing Agency. 13. AD©1TIONAL INFORMATION AND ASSISTANCh AVAILABLE Those responsible for providing you with. relocation assistance hope to assist you in every way possible to minimize the hardships involved in relocating to a new home. Your cooperation will be helpful and greatly appreciated. If you have any questions at any time during the process, please do not hesitate to contact your relocation representative at Overland, Pacific & Cutler. ATTACHMENT 4: Schedule of Filed Moving Payments (effective as of 8 22-08) Unfurnished Dwelling One room $625 TWO FOOInS $$00 Three rooms $1,000 Four rooms $1,175 Five rooms $1,425 Six rooms $1,650 Seven rooms $1;900 Eight roams $2,150. each additional roam $225 Furnished Dwelling First Room `: $400 Each additional room $65 ATTAC~IlVIIJNT 5: HUD INCOME LIMITS _ ORANGE COUNTY The following figures are approved by the U. S. Department of Housing and Urban Development (HUD) for use in the County of Orange Co define and determine housing eligibility by income level. Family Size Extremely Low Very Low Lower 1 Person 19,550 32,550 52,100 2 Person 22,300 37,200 5.9,500 3 Person 25,100 41,850. 66,450 A Person 27,900° 46,500 74,900 5 Person 30,1 SO 50,200 80,350 6 Person 32,350 53;950 86,300 7 Person 34,600 57,650 92,250 8 Person 36;850- 61,400 98,240 Figures are per the Department of Housing and Urban Development {California}, Fe}~r~~ry 19, 2Ut~8. ATTACHMENT b: RELOCATION PAYMENT POLICY REGARDING PROCEDURES FOR PAYMENT OF RELOCATION CLAIMS Claims and supporting documentation for relocation benefits must be filed with the Developer within eighteen (18) months from the date the claimant moves from the Project site. The procedure for the preparation and fling of claims and the processing and delivery of payments will be as follows: 1. Claimants} will provide all necessary documentation to substantiate eligibility for assistance. 2. Assistance amounts will be determined in accordance with the provisions of the Uniform Act or section 104(d) guidelines, as applicable. 3. Required claim forms will be prepared by relocation personnel in conjunction with claimants}. Signed claims anet supporting documentation will be submitted by relocation personnel to the Developer. 4. The Developer will-.review and approve claims for payment or request additional information. 5. The Developer will issue benefit checks which will be delivered to the Claimants by relocation staff, unless cireutnstances dictate otherwise. 6. 1~inal payments..w:ill be issued after confirmation that the Project area premises have been completely v..aeated and .actual residency at replacement unit is verified. 7. Receipts of payment`will be obtained and maintained in the relocation case file.