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HomeMy WebLinkAbout04 - JOINT PH - Loan Agmts 703 N Lacy 702 S RaittT' F f Y/ I T I I MEETING DATE: JANUARY 5, 2009 TITLE: JOINT PUBLIC HEARING - TAX EXEMPT BOND FINANCING AND LOAN AGREEMENTS WITH LACY AND RAITT, LP (703 N. LACY/702 S. RAITT) CLERK OF COEJNCIL U3 O LY: APPROVED C7 As Recommended ^ As Amended ^ Ordinance on 1st Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CON76NUED TO 1. Conduct a Tax Equity and Financial Responsibility Act (TEFRA) Hearing in consideration of the issuance of multi-family housing revenue bonds by the Housing Authority of the City of Santa Ana for the purpose of financing the acquisition and rehabilitation of 703 N. Lacy and 702 S. Raitt. 2. Adopt a resolution approving the issuance of tax exempt bonds for the projects. 3. Direct the City Attorney to prepare and authorize the City Manager to execute a loan agreement with Lacy and Raitt, LP for the acquisition and rehabilitation of 7D3 N. Lacy in a total amount not to exceed $1,330,643. 4. Direct the City Attorney to prepare and authorize the City Manager to execute a loan agreement with Lacy and Raitt, LP for the acquisition and rehabilitation of 702 S. Raitt in a total amount not to exceed $689,397. 5. Adopt a resolution approving the Relocation Plan for the property located at 703 N. Lacy. 4-61 Tax Exempt Sond Financing and Loan ..,Agreements with Lacy and Raitt, LP (703 N. Lacy/702 S. Raitt) January 5, 2009 Page 2 6. Adopt a resolution approving the Relocation Plan for the property located at 702 S. Raitt. COMMUNITY REDEVELOPMENT AGENCY ACTION 1. Direct the Agency General Counsel to prepare and authorize the Executive Director to execute a loan agreement with Lacy and Raitt, LP for the acquisition and rehabilitation of 703 N. Lacy in a total amount not to exceed $1,556,217. 2. Direct the Agency General Counsel to prepare and authorize the Executive Director to execute a loan agreement with Lacy and Raitt, LP for the acquisition and rehabilitation of 702 S. Raitt in a total amount not to exceed $806,265. 3. Adopt a resolution approving the Relocation Plan for the property located at 703 N. Lacy. 4. Adopt a resolution approving the Relocation Plan for the property located at 702 S. Raitt. 5. Adopt a resolution approving the Replacement Housing Plan for the property located at 702 S. Raitt. HOUSING AUTHORITY ACTION Adopt a resolution relating to the issuance of bonds for the purpose of financing the acquisition and rehabilitation of the properties located at 703 N. Lacy and 702 S. Raitt. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION At its Regular Meeting of December 16, 2008, by a vote of 5:0, the Community Redevelopment and Housing Commission recommended the following: Recommended that the City Council: 1. Conduct a Tax Equity and Financial Responsibility Act (TEFRA) Hearing in consideration of the issuance of multi-family housing revenue bonds by the Housing Authority of the City of Santa Ana for the 4-62 Tax Exempt Bond Financing and Loan Agreements with Lacy and Raitt, LP (703 N. Lacy/702 S. Raitt) Sanuary 5, 2009 Page 3 purpose of financing the acquisition and rehabilitation of 703 N. Lacy and 702 S. Raitt. 2. Adopt a resolution approving the issuance of tax exempt bonds for the projects. 3. Direct the City Attorney to prepare and authorize the City Manager to execute a loan agreement with Lacy and Raitt, LP for the acquisition and rehabilitation of 703 N. Lacy in a total amount not to exceed $1,330,643. 4. Direct the City Attorney to prepare and authorize the City Manager to execute a loan agreement with Lacy and Raitt, LP for the acquisition and rehabilitation of 702 S. Raitt in a total amount not to exceed $689,397. 5. Adopt a resolution approving the Relocation Plan for the property located at 703 N. Lacy. 6. Adopt a resolution approving the Relocation Plan for the property located at 702 S. Raitt. Recommended that the Community Redevelopment Agency: 1. Direct the Agency General Counsel to prepare and authorize the Executive Director to execute a loan agreement with Lacy and Raitt, LP for the acquisition and rehabilitation of 703 N. Lacy in a total amount not to exceed $1,556,217. 2. Direct the Agency General Counsel to prepare and authorize the Executive Director to execute a loan agreement with Lacy and Raitt, LP for the acquisition and rehabilitation of 702 S. Raitt in a total amount not to exceed $806,265. 3. Adopt a resolution approving the Relocation Plan for the property located at 703 N. Lacy. 4. Adopt a resolution approving the Relocation Plan for the property located at 702 S. Raitt. 5. Adopt a resolution approving the Replacement Housing Plan for the property located at 702 S. Raitt. 4-63 Tax Exempt Bond Agreements with (703 N. Lacy/702 January 5, 2009 Page 4 Financing and Loan Lacy and Raitt, LP S. Raittj Recommended that the the issuance of bonds rehabilitation of the Raitt. DISCUSSION Housing Authority adopt a resolution relating to for the purpose of financing the acquisition and properties located at 703 N. Lacy and 702 S. Orange Housing Development Corporation (OHDC), a 501(c)(3) nonprofit organization, and C & C Development Company, LLC (C & C) have formed a limited partnership, Lacy and Raitt, LP, to acquire and rehabilitate two apartment complexes. The first is a twenty-seven unit apartment building located at 703 N. Lacy (Exhibit 1). The second is a ten unit apartment building located at 702 S. Raitt (Exhibit 2). OHDC has successfully partnered with the City of Santa Ana and the Community Redevelopment Agency to acquire and rehabilitate 618 units in the City. In addition, OHDC owns and manages more than 2,600 apartment units throughout California. C & C has many years of residential development and management experience, and most recently partnered with OHDC in the Townsend and Raitt project. The proposed projects will build on the City's existing focus in the Townsend/Raitt neighborhood and Santa Ana Boulevard area. The Lacy Street project is adjacent to properties currently owned by the Community Redevelopment Agency (Agency) in the Santa Ana Boulevard area. The acquisition and rehabilitation will assist in the long-term stabilization of the neighborhood, promote the City's goal of providing long-term, affordable housing, and assist in the revitalization of the corridor. The exterior rehabilitation will incorporate design details that are consistent with the draft Santa Ana Renaissance Specific Plan, to the extent possible. Although the building will be rehabilitated, there will be no reconfiguration of units. The unit mix and rent restrictions are as follows: 30% AMI Extremely Low 50s AMI Very Low 703 N. Lacy No.Units Rent No.Units Rent Studio 3 $788 One-bedroom 15 $839 Two-bedroom 1 $589 7 $1,008 4-64 Tax Exempt Bond Agreements with (703 N. Lacy/702 January 5, 2009 Page 5 Financing and Loan Lacy and Raitt, LP S. Raitt) The Raitt Street property will be the sixth building in the Townsend/Raitt neighborhood that has been acquired and rehabilitated by OHDC. As part of the rehabilitation, the partnership is proposing to reconfigure the ten one-bedroom units into eight units. The unit mix and rent restrictions are as follows: 30o AMI Extremely Low 50% AMI Very Low 702 Raitt St. No.Units Rent No.Units Rent One-bedroom 1 5491 3 $838 Two-bedroom 2 $1,006 Three-bedroom 2 $1,144 The total project cost to acquire, rehabilitate and provide the proposed level of affordability in the two buildings is $7,925,358. The partners will be applying to the California Debt Limit Allocation Committee (CDLAC) for an allocation of $3,961,067 in tax exempt financing to help provide both construction and permanent financing. They are also applying to the California Tax Credit Allocation Committee (TCAC) for an allocation of $1,836,526 in low income housing tax credits that will be used for permanent and construction financing. There is a $4.4 million gap, and staff is recommending it be filled with approximately $2 million funded from HOME and $2.4 million from the Agency. The tables below summarize the proposed funding sources and anticipated costs for the projects: Permanent Funding Sources 703 N. Lacy 702 S. Raitt Total Amount Tax Exempt Bonds $1,123,917 $582,293 $1,706,210 Community Redevelopment Agency/Housing Set-Aside $1,556,217 $806,265 $2,362,482 City of Santa AnaJHOME Funds $1,330,643 $689,397 $2,020,040 Capital Contribution - General Partner $66 $34 $100 Capital Contribution - Limited Partner (Tax Credits) $1,209,759 $626,767 $1,836,526 Total $5,220,601 $2,704,757 $7,925,358 4-65 Tax Exempt Bond Financing and Loan Agreements with Lacy and Raitt, LP (703 N. Lacy/702 S. Raitt) January 5, 2009 Page 6 Project Costs 703 N. Lacy 702 S. Raitt Total Amount Acquisition $3,530,250 $1,250,000 $4,780,250 Developer Fee $329,000 $329,000 $658,000 Construction and Related Costs $1,361,351 $1,125,757 $2,487,108 Total $5,220,601 $2,704,757 $7,925,358 The loans will bear interest at .So and repayments will be based on residual receipts (annual gross revenues less operating expenses). These loans are contingent on approval of the tax exempt bonds and tax credit allocations. All code deficiencies will be addressed, and both properties will receive extensive improvements both inside and out. Among many other items, the Lacy property will receive new landscaping, exterior deck repair, updates to the building fagade, new plumbing fixtures and kitchen appliances. In addition to the unit reconfigurations, the many repairs to be made to the Raitt property include a new roof, new water heaters, new trash enclosures, new flooring, new windows, and new kitchen cabinets. In order for the Housing Authority to apply for a bond allocation from CDLAC on behalf of the partnership, the Housing Authority must adopt an Inducement Resolution. The Inducement Resolution confirms the Housing Authority's intent to issue the bonds and identifies the time at which costs expended on the project qualify for financing with the tax-exempt bonds. The bonds are considered "conduit" obligations. This means that although the Housing Authority will issue the bonds, the owner is actually the borrower and has sole responsibility for repayment. The bonds will be repaid strictly out of the project's cash flow. There is no recourse to the Housing Authority, the City of Santa Ana or the Community Redevelopment Agency. Prior to bonds being sold, the City Council must hold a public hearing as required by the Tax Equity and Financial Responsibility Act (TEFRA). The public hearing is to solicit comments on the project and the issuance of the bonds. The TEFRA hearing is also a precondition to applying for the bond allocation. 4-66 Tax Exempt Bond Financing and Loan Agreements with Lacy and Raitt, LP (703 N. Lacy/702 S. Raitt) January 5, 2009 Page 7 The California Health and Safety Code (Code) requires that when a Redevelopment Agency enters into an agreement for the acquisition or disposition and development of property that would lead to displacement of people from their .homes, the legislative body must adopt, by resolution, a Relocation Plan (Exhibits 3 and 4). Due to the reconfiguration of units at Raitt Street, two families will need to be permanently relocated. These households will be offered units at other OHDC projects such as Townsend & Raitt and Wilshire/Minnie. At Lacy Street, there are four families that are over income for that project and will need permanent relocation. Of the four, two have incomes between SO%-60% AMI and will be offered the option to relocate into other OHDC projects. The remaining two households are at or above 60s AMI; and therefore, they will be given relocation benefits and assistance in locating to a new unit. Additionally, the Code requires the Agency to adopt, by resolution, a Replacement Housing Plan whenever it destroys or removes dwelling units from the low- and moderate-income housing stock. Among other things, this Replacement Housing Plan shall specify how and where the Agency shall provide replacement housing units. The attached Replacement Housing Plan (Exhibit 5) has been prepared, due to the loss of units at 702 S. Raitt. Approval of these their affordable Consolidated Five projects will housing goals Year Plan, and assist the City as identified in the Redevelopment and Agency in meeting the Housing Element, Implementation Plan. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act and the National Environmental Policy Act, the proposed project is exempt from further review. Categorical Exemption No. ER 2008-236 (Lacy) and 2008- 221(Raitt) will be filed for this project. 4-67 Tax Exempt Bond Agreements with (703 N. Lacy/702 January 5, 2009 Page 8 FISCAL IMPACT Financing and Loan Lacy and Raitt, LP S. Raitt) Funds are available in the HOME Program account in the amount of $2,020,040 (account no. 130-148-6951) and Tax Increment Housing Set- Aside Fund in the amount of $2,362,482 (account no. 507-936-6951). APPROVED AS TO FUNDS AND ACCOUNTS: SZ lly Landry-Ba le Francisco Gutierrez ~ '`~ H sing Manager Executive Director Community Development Agency Finance and Management Services Agency CJN/SLB/mlr H:\ACTI ON ITEMS\COONCIL\2009\010509 ST PH CC-CRA-HA Lacy-Raitt (1).doc 4-68 703 North Lacy Street Exhibit 1 4-69 RAYMAR STREET ~' w w w w ~ ~ r ~ N N w w !r r 0 z ~ y, RICHLAND ST. 3 O n MONTA VBSTA AVENUE a w w HIGHLAND ST. h p1 z z WISTERIA PL. $ F- ® a 702 South Raitt Street Exhibit 2 4 - 70 Corporation Avenue, Suite 200 :A 92866 PACIFIC & CUTLER, INC. 10 HUGHES, A207 IRVi~, CA 92618 (949)951-5263 November 26, 2008 EXHIBIT 3 4-?1 TABLE OF CONTENTS INTRODUCTION 1 I. PROJECT DESCRIPTION 2 A. REGIONAL LOCATION 2 B. PROJECT SITE LOCATION AND DESCRIPTION 3 C. GENERAL DEMOGRAPHIC & HOUSING CHARACTERISTICS 4 II. III. IV V C. D. E. F G. 5 5 5 5 5 5 6 6 6 7 7 7 7 7 7 7 8 8 8 8 10 10 11 13 13 13 NEFITS 14 14 IS 15 16 16 17 17 17 17 18 18 4~ !2 GRIEVANCE PROCEDURES EVICTION POLICY CITIZEN PARTICIPATION PROJECTED DATE OF DISPLACEMENT ESTIMATED RELOCATION COSTS LIST OF TABLES TABLE l: 2000 Census Population - Ciry of Santa Ana & Impacted Tract TABLE 2: 2000 Census Housing units - City of Santa Ana & Impacted Tract TABLE 3: Availability and Cost of Replacement Rental Housing TABLE 4: Schedule of Fixed Moving Payments TABLE 5: Commutation of Rental Assistance Pavments LL EXE EXF EXE EXF EXE 11 12 4 - 73 INTRODUCTION C&C Development Co. and Orange Housing Development Corporation ("the Developer") are in the processing of acquiring one property for their proposed affordable housing project, the Lacy Apartments Project in Santa Ana, CA ("the Project"). The Project site consists of .3 acres and is located at 703 N. Lacy Street. The site contains one structure housing 27 apartment units: three studio units, 15 one-bedroom units and nine two-bedroom units. Currently, 23 units are occupied, and four units are vacant. The Developer plans to rehabilitate the units, including a thorough rehab of the interior and exterior. Fob? the }'interior, paint, toilets, shower enclosures, sinks, garbage disposals, and vinyl flooring will be installed or replaced. Work on the exterior will include repairs to the stucco, new exterioi',paint and new windows. There will be no structural changes during the rehabilitation, therefore 27 units will remain after the rehab with the same configuration as stated above. Units will be offered to tenants who qualify at,3U% of are; households, whose income level is greater than ~d% of area permanently relocated. New tenants will be held to a 2+2 occupancy standard (two p in an additional room such as a living room itr den) for one-be standard (two people per bedroom and one person in an additic den) for two and three bedroom units. Any': cu~rertt o "grandfathered" and will qualify to remain within tl Project itt median incom¢. ,These tenant Median income, wall""need to be ale per bedroom and two people Qom units and a 2+l occupancy Ififn~' rl room such as a living room or ercrowded households will be ~(ie of the rehabilitated units. The Developer anticipates funding for the Project.will be the following types of funding: HOME funds and tax increlttort(1xiQnies. 'I'bis Plan conforms tQ the requirements of the federal Uniform Relocation Assistance and Real Property Acquisitivn'Policies Act of 1970 (URA), as amended, the implementing regulations Qf Hanrl~pok 137 of the Department of Housing and Urban Development:=THUD), the Califr3rnia Relocation Assistance Law, Government Code Section 7260, et seq. (Law), fhe Relocation Assistance and Real Property Acquisition Guidelines adopted by t1~pDepartment of Housing and Com'e(iunity Development and Title 25, California Code of Regulations Section 6000, et seq. (Guidelines). The needs and characteristics f of the permanent displacees and the Developer's program to provide assistance tv each affected person are general subjects of this Relocation Plan (Plan). (There is also a brief })escnp'tion of the relocation program for the temporarily displaced tenants.) This Plan is organized an five sections: 1. Project description (SECTION I); 2. Assessment of the relocation needs of persons subject to displacement (SECTION II); 3. Assessment of available replacement housing units within the City of Santa Ana and surrounding communities (SECTION III); 4. Description of the Developer's relocation program (SECTION IV); 5. Description of the Developer's outreach efforts, Project timeline and budget (SECTION V). 4 - 74 I. PROJECT DESCRIPTION A. REGIONAL LOCATION The Project is located in the City of Santa Ana within Orange County. Santa Ana is located in the middle section of Orange Comity, approximately 35 miles southeast of downtown Los Angeles and is immediately accessible from Highways 22 and 55 and Interstate 5. Adjacent 2 4 ' 7e Figure 1: Regional Project Location B. PROJECT SITE LOCATION AND DESCRIPTION The Project site is on N. Lacy Street generally bordered by E. 6~' Street to the south, N. Minter Street to the west, E. Civic Center Drive to the north and Garfield Street to the east. (See Figure 2: Project Site Location) 4 - 76 C. GENERAL DEMOGRAPHIC AND HOUSING CHARACTERISTICS 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 744.05/Block 1004 is 220 (see Table 1). Corresponding Census data concerning the housing mix is shown in Table 2. TABLE ]:2000 Census Po ulation - Cit of Santa Ana & Im acted Tract Population Tract 744.05 1.004 % City Total Po ulation 220 100.0% 337,977 100.0% White 136 61.8% ;,144,425 42.7% Black or African American 0 0.0% 5,749 1.7% American Indian or Alaska Native 0 Q.0% 4,013 1.2% Asian 0 ' 0.0% 29,778 8.8% Native Hawaiian or Other Pacific Islander 0 0.0% ° 1,160 0.3% Some Other Race 72 32.7% 137,36Q , , 40.6% Two or More Races 12 ' 5.5%0 15,492 4.6% His anic or Latino (of Any Race) 212 9~.4%`~ 257,03'7 76.1% Source: U.S. Census Bureau, QT-PL. Race, Hispanic or Latino, and Age: 2000 €:~;_. TABLE 2: 2000 Census Housin Units - ~i manta Ana & Im acted Tract Type Tract 744.Q5 _ 1'b04 ~~%o City Total Occu ied Units 44 100% 73,002 97.9% Owner-Occupied .~: 3 6.8% 36,005 49.3% Renter-Occu ied -""` 41~ 93.2% 36,997 50.7% Vacant Housin Units ,' 0 0.0% 1,586 2.1% Available for Sate Only (of Total Vacant Units 0 0.0% 292 18.4% Available for Rent -Full .Time Occupancy. (of TtiTal~Vacant Units) 0 0.0% 700 44.1% Sold or Rented -Not Occu ied 0 0.0% 109 6.9% Otherwise Not tvailable (e.g. seasonal, recreational, mi att2r ,occasional use 0 0.0% 102 6.4% Other Vacant 0 0.0% 383 24.1% Source: U.S. Census Hteau, QT-H1. General Housing Characteristics: 2000 4 - 77 II. ASSESSMENT OF RELOCATION NEEDS A. SURVEY METHOD To obtain information necessary for the preparation of this Plan, a personal interview was conducted with the residential occupants by Developer staff in November 2008. Inquiries made of the tenant concerned household size and composition, income, monthly rent, length of occupancy, ethnicity, home language, physical disabilities, and replacement housing preferences. A sample of the residential interview form used in the interview prods T~;,presented as Exhibit A of this report. After repeated Developer attempts (in writing and in person) to interview the tenants and collect income documentation, tenants in three o~ the 23 occupied units did not participate in the interview process or comply with the income qualificatipn process. These three tenant households will be permanently displaced with no t~~ocation assistance and are not a part of this Relocation Plan. ~°` B. FIELD SURVEY DATA 1. Current Occupants There are four residential households to be pei eligible for relocation assistance and are the but the households consisted of nine adults and eigh The Developer's standard for housing density i per bedroom and ong:-'person in the common Irvi criterion and available tenaizt data, there are two referrals to the occunants ofthese dwetliuaa will located ppr~the Project that may be Plan.:,At the time of the interviews, 7 yeairs or younger). the permanent displacees allows two persons area (2+1 occupancy standard). Based on this erowded households. Replacement housing Elect the need for larger accommodations. 2. housing needs,;as expressed in this plan, are defined by the total number of required replacement units and distribution of those units by bedroom size. The projected number of required units by bedroom size is calculated by comparing survey data for household size with the Developer's replacement housing occupancy standards. These standards, generally, allow for up to three persons in aone-bedroom unit, five persons in atwo-bedroom unit, seven persons in athree-bedroom unit and eight or more persons in afour-bedroom unit. The replacement units required for the Project occupants include: one studio apartment, one one- bedroom apartment unit and two three-bedroom apartment units. 3. Income Information regarding gross household income was provided by all four eligible households to be displaced. According to income standards for the County of Orange (Exhibit C) adjusted for family size as published by the United States Department of Housing and Urban Development (HUD): all four households qualify as Low income (51%-80% of area median income). 4 - 78 4. Ethnicity/Language A11 four households (100%) reported Hispanic as their ethnicity and Spanish as their preferred language. Advisory services and notices will be provided in Spanish and English. 5. Senior/Handicapped Households There are no senior households (62 years or older) to be displaced, and no households reported a disability or handicap. 6. Preferred Relocation Areas All four households prefer to remain in the Santa Ana comrtiunity in drder to maintain current access to employment, family and schools. 4-79 III. RELOCATION RESOURCES A. METHODOLOGY For residential housing, a resource survey was conducted to identify available rental units initially beginning within afive-mile radius from the Project site. The following sources were utilized: -- Classified rental listings from local newspapers and Far Rent publications -- Contacts with real estate/property management companies serving the community -- Internet sources of rental opportunities _ B. REPLACEMENT HOUSING AVAILABILITY 1. Residential Rental Housing The rental replacement housing survey considered units fop rent in Santa Aria. This data is summarized in Table 3 below. -= d°~° Table 3: Availabili and Cost of Re lacement Rental Housin # of Bedrooms Studio"'"', ; One Three # Found (# Needed 11 1 42 1 14 2 Rent Range $650 - $1,395 i $825 - $1,000 $1,335 - $1,800 Median Rent $850 $950 $1,600 The median rent an budget projections market rates prevFtl 2. Summary Considering the abo twq~tveek period, it residential occupant of rental bppbrtunit slight increase in me obligation under requirements. (See l C. RELATED IE the table is among the figures used to make benefit and is amount ~; naturally, subject to change according to the -ibed availability of replacement housing resources gathered over a that there are more than adequate replacement resources for the ,while adequate replacement resources exist, based on survey results tie tenants' current rent, the tenant occupants will likely have a ;nt. Possible increases, if any, will be met through the Developer's bcation regulations, including Last Resort Housing (LHR) IV, E). I. Concurrent Residential Displacement There are no current public projects causing significant residential displacements underway in Santa Ana which would compete with the Project for needed housing resources. No residential displacee will be required to move without both adequate notice and access to available affordable decent, safe and sanitary housing. 7 4 - °0 IV. THE RELOCATION PROGRAM The Developer's Relocation Program is designed to minimize hardship, be responsive to unique Project circumstances, emphasize maintaining personal contact with all affected individuals, consistently apply all regulatory criteria to formulate eligibility and benefit determinations and conform to all applicable requirements. The relocation program to be implemented by the Developer will conform with the standards and provisions of the State of California Relocation Assistance Law, Government Code, Section 7260, et. seq., the California Code of Regulations, Title 25, Chapter 6, as amended January 1, 1998, the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended,, and the implementing regulations of Handbook 1378 of the Department of Housing and UrlSairbevelopment (HUD), as appropriate. PERMANENT DISPLACEMENTS The Developer has retained Overland, Pacific & Cu firm, to administer the Relocation Program for the F more than 2,900 public acquisition and relocation pr Developer staff will monitor the performance of disapprove OPC recommendations concerning el interpretations of Developer's policy. Ina (OPC), a multi-li~~ual consulting ment4disnlacees. OPC has >worked on the past 28 years. "Experienced be'"responsible to approve or d benefit determinations and Eligible individuals, who need to pe relocation assistance. The relocation assistance and financial assistance (Re A. Advisory assistance the relocation program g home, will receive constituents: advisory • help in the process of finding appropriate replacement accommodations • facilitate claims processing • maintain a communication link with the Developer • coordinate the involvement of outside service providers To follow through on the advisory assistance component of the relocation program and assure that the Developer meets its obligations under the law, OPC staff will perform the following functions: 1. Distribute appropriate written information concerning the Developer's relocation program; 8 4-81 2. Inform eligible project occupants of the nature of, and procedures for, obtaining available relocation assistance and benefits. (See Exhibit D) 3. Determine the needs of each displacee eligible for assistance; 4. Provide residential displacee with at least one, and preferably three, referrals to comparable replacement housing within a reasonable time prior to displacement. Generally, a comparable replacement dwelling must satisfy the following criteria: 5. 7. 8. 9. 10. 11 (a) The unit is decent, safe and sanitary -electrical, plumbing and heating systems in good repair - no major, observable hazards or defects. The unit adequate in size and is comparable tri„the acquired dwelling with respect to number of rooms, habitable livi~igspaCe and type and quality of construction, but not lesser to roomy or living space as necessary to accommodate the displaced person, ~'he unit is fungtionally equivalent, including principle features. (b) The unit is located an art area, not subjected to unreasgitd;`lJ~e adverse environmental conditions from either natural, or man-made sources, and not generally less desirable with resJ?ect to public utilities, ~ transportation, public and commercial facilities, including schools and municipal services and reasonably ac'aessible to the displaced person's place of employment. (c) The unit is available both an the private, market and to all persons regardless of race, color, sex, marital statpcs; religion or, national origin. (d) Th`~'morithly.;rental rate is within t1Ze financial means of the displaced Maintain an updafed database of.. available housing resources, and distribute _. rc;~~n-al information to displacees for the duration of the Project; Provide transportation- to `the residential displacee, if necessary, to inspect replacement sites withip the local area; ;ment housing shall be inspected by Developer's staff to assure it meets safe and'sanitary standards as described in the URA; oration concerning federal and state programs and other programs providing assistance to displaced persons; Assist eligible occupants in the preparation, and submission, of relocation assistance claims; Provide additional reasonable services necessary to successfully relocate occupants; Make benefit determinations and payments in accordance with applicable law and the Developer's adopted relocation guidelines; 9 4 - °Z 12. Assure that no occupant is required to move without a minimum of 90 days written notice to vacate; 13. Inform all persons subject to displacement of the Developer's policies with regard to eviction and property management; 14. 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; and 15. Provide assistance that does not result in different or s~putate treatment based on or due to an individual's sex, marital status, rai+e; color, religion, ancestry, national origin, physical handicap, sexual orientation; and domestic partnership status. ., B. RELOCATION BENEFITS Specific eligibility requirements and benefit plans.!='zx~i11 be detailEd on an individual basis with all displacees. In the course of a personal interview and follow up'-visits, each displacee will be counseled as to available options and the consequences of atiy choice with respect to financial assistance. Relocation benefits will be provided in accord and Developer rules, regulations and procedr eligible displaced persons upon submission accordance with the Deve~oper;'s normal admit monies will be used to p'dy relocation benefits. benefits. ,€: the provisiops~of the federal guidelines, ping thereto: Benefits will be paid to ed claim `forms and documentation in procedures. Specifically, tax increment funds will not be used to pay relocation The Developer will process advartce payment reglests to mitigate hardships for tenants who do not have acces~fio sufficient funds to pay move-in costs such as first month's rent and/or security deposits. t~pproved requests will be,processed expeditiously to help avoid the loss of desirable, 1. "' Residential Moving Expense Payments All residential occupants to be permanently relocated will be eligible to receive a payment for rnovmg=expenses. Moving expense payments will be made based upon the actual cost of a professional move or a fixed payment based on a room-count schedule. a. Actual Cost (Professional Move) Displacees may elect to have a licensed professional mover perform the move. The actual cost of the moving services, based on at least two acceptable bids, will be compensated by the Developer in the form of a direct payment to the moving company upon presentation of an invoice. Transportation costs are limited to a distance of 50 miles in either case. In addition to the actual move, costs associated with utility re- connections (i.e., gas, water, electricity, telephone, and cable, if any), are eligible for reimbursement. 10 4-83 b. Fixed Payment (based on Room Count Schedule) An occupant may elect to receive a fixed payment for moving expenses which is based on the number of rooms occupied in the displacement dwelling. In this case, the person to be relocated takes full responsibility for the move. The fixed payment includes all utility connections as described in (a), above. The current schedule for fixed moving payments is set forth in Table 4 following: TAB~,E 4: Schedule of Fixe[i 14Eoving.Payments (effective asof 8-22-08) Unfurnished Dwelling One room $625 Two rooms $800 Three rooms $1,000 Four rooms ~°$'1',17~ Five rooms $1,425 Six rooms - $1,650 Seven rooms $.1,900 Eight rooms $2;150 each additional room $225 Furnished Dwelling First Room" $400= Each additional room , . $b5 2: Rental Assistance to Tenants Who Choose to Rent To be eligible to receive the"rental assistance benefits, the displaced tenant households must rent or purchase arid occupy decent, safe, and sanitary replacement dwellings within one year from the date they move from their displacement dwellings. Based upon the avdilable data regarding Project displacees, the displaced households may qualify for, ancl'may be eligible to apply for, relocation benefits under URA provisions. Except in the case of Last Resort Housing situations, the potential payment to the household will be payable over a 42-month period and limited to a maximum of $5,250 as stated under URA guidelines. The relocation program is explained in detail in the informational brochure to be provided to each permanently displaced household (see Exhibit D). Rental Assistance payment amounts are equal to 42 times the difference between the base monthly rent and the lesser of: 11 4 ~ oq, (i)The 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: (ii)The average monthly cost for rent and utilities at a reasonable period prior to displacement, as owner-occupants or households, which paid li be used as a substitute for actual rent; or (iii)Thirty percent (30%) of the dlsplacet~ household income, if the amount is.~7assiff Department of Housing and Url~,~~ Develol Income Limits for the Public Housinsr an Survey is shown as Exhibit C.) evidence of income or is'?~O,depen to be the average monthly cost fo or (iii) The total of the welfare assi~tdree nt Table 5 portrays the URA: r and utilities if receiving a designated the amounts for TABLE 5: Example Computation of LIRA Rental Assistance PaymenCs is ~Jld Rent $650 Old Rent and Utilities or 2. Ability to Fay $700 30% of the Groes Household Income (if Low Income) 3. Lesser of Tines l or 2 $650 Base Monthly Rental Subtracted From: 4, Acmal New Rent $750 Actual New Rent end Estimated Utilities or 5. Comparable Rent $775 Determined by Developer (includes estimated utilities) 6. Lesser of lines 4 or 5 $750 7. Yields Monthly Need: $100 Subtract line 3 from line 6 -$.%Rental Assisiance $4,200 MolYiply Tine 7 by 42 months If a dis ant, the t -ent and .cement dwelling for the Developer. For fair market rent will rson's average, monthly grass as "low income" by the U. S. ent's (HUD) Anntiais~Survey of Scion 8 Progr,~ms. (HUD's refuses to provide appropriate nonthly rent shall be determined displacement dwelling; 12 4-85 3. Downpayment Assistance to Tenants Who Choose to Purchase The displaced household may opt to apply the entire benefit amount for which they are eligible toward the purchase of a replacement unit (Guidelines 49 CFR 24.402(b) and HUD 1378). A displaced household, who chooses to utilize up to the full amount of their rental assistance eligibility (including any Last Resort benefits) to purchase a home, will have the funds deposited in an open escrow account, provided that p entire amount is used F~,, for the downpayment and eligible, incidental costs associated wifh the purchase of a decent, safe, and sanitary replacement home. A provisrbh shall be made in the escrow arrangements for the prompt return of the Developerfunds, in the event escrow should fail to close within a reasonable period of time. Final determination about the type of relaeation benefits and assistance' for wvhich the household is eligible will be determined upon verificattAn^of the househpld's occupants and income. TEMPORARY DISPLACEMENTS All residential occupants to be temporarily relocated will be eligible to receive a fixed payment for moving and related expenses. Each studio and one bedroom household will receive a fixed payment of $625 for„the move into a temporary emit on-site as well as $625 for the move back into a rehabilitated liiiit..Each two-bedroom houstrh~ld will receive $800 for each move. The tenants will only be responsible for 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 xio anticipated naed for rental assistance payments, because the tenants will be housed on the:=Project site during the, temporary`rnove phase. They will pay the same rental rates for their temporary units as they, are paying in their current units. All temporarily displaced households wili also be eligible fore advisory services provided by the Developer. .............. C. PROGRAM ASSiIRANCES AND STANDARDS Adequate funds are available to relocate all displaced households. 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 Americans 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. 13 4-86 D. GENERAL INFORMATION REGARDING THE PAYMENT OF RELOCATION BENEFITS Claims and supporting documentation for relocation benefits must be filed with the Developer no later than 18 months after the date of displacement. The procedure for the preparation and filing of claims and the processing and delivery of payments will be as follows: Claimant(s) will provide all necessary documentation to assistance; 2. Developer staff will review all necessary to, scopes-of-service, contractor bids, material before reaching a determinatio compensation; 3. Required claim forms will be prepay for review. Signed claims and su relocation staff and submitted to the 4. The Developer will information; 5. The Developer will issue 6. Final,;>I~ayments to been OPC staff and eligibility for but not limited its and escrow are eligible for .nted.tti the claimant will :be returned to or request additional in the most secure, will be issued after confirmation that the y vacated, and actual residency at the 7. Receibts of oavment and all claim material will be maintained in the relocation case file. E. LAST RESORT Based on data derived frort'°the surveys and analyses of the occupants in the Project area and costs of replacement housing resources, it is anticipated that "comparable replacement housing" will not be available~as required. Specifically, for renters, when the computed replacement housing assistance eligibility exceeds $5,250 or replacement dwelling monthly rental costs (including utilities and other reasonable recurring expenses) exceeds 30% of the person's average monthly income, Last Resort Housing will have to be provided. Therefore, if the Project is to go forward, the Agency will authorize its funds or funds authorized for the Project to provide housing of last resort. Funds will be used to make payments in excess of the monetary limit specified in the statute ($5,250); hence, satisfying the requirement that "comparable replacement housing" is available. 14 4-87 A displaced tenant household will be entitled to consideration for supplementary benefits in the form of Last Resort Housing assistance when the computed replacement housing assistance eligibility exceeds $5,250 or replacement dwelling monthly rental costs (including utilities and other reasonable recurring expenses) exceed 30% of the person's average monthly income (financial means) or when a tenant fails to meet the 90-day occupancy requirement and comparable replacement rental housing is not available within the displaced person's financial means. Calculations of Last Resort rental assistance benefits for tenants who fail to meet the 90- day occupancy requirement will be based solely on household income. Non 90-day qualifiers must meet basic eligibility requirements applied to all other displacees. The Agency, at its discretion, may opt to pay Last Resort Housing pay~aer~s in installments or in a lump sum. Recipients of Last Resort rental assistance, who intend to purchase rather than re- rentreplacement housing, will have the right to request a lump shirt payment of all benefits in the form of downpayment assistance. Tenant households receivi;(rg periodic payments will have the option to request a lump sum payment of remaining benefits ,to assist with the purchase of a decent, safe and sanitary dwelling. F. IMMIGRATION STATUS Federal legislation (PL105-117) prohibils_the payment of relocation assistance benefits 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 #aatdship 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 dezYionstrable adverse impact on the health or safety, continued existence of the family umt arid'~ny other itirpact determined by the Developer to negatively affect the alien's spouse, parent or child. '1'he Developer will authorize the payment of relocaia- assistance benefits to alien residents from non-federally authorized reimbursable funds. In order to be requiY'e G. In general, reloc~ Internal Revenue their T ion assistance and benefit payments, relocation staff will information from each displacee 18 years and older by are not considered income for the purpose of Division 2 of the which has been redesignated as the Internal Revenue Code of 1986 (Title 26, U. S.eCode), or for the purpose of determining the eligibility or the extent of eligibility of any person for assistance under the Social Security Act (42 U. S. Code 301 et seq.) or the Personal Income Tax Law, Part 10 (commencing with Section 17001) of the Revenue and Taxation Code, or the Bank and Corporation Tax Law, Part II (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. The above statement on tax consequences is not intended as tax advice by the Developer. Displacees are responsible for consulting with their own tax advisors concerning the tax consequences of relocation payments. 15 4 - o0 V. ADMINISTRATIVE PROVISIONS A. NOTICES Each notice, which the Developer is required to provide to a Project site occupant, shall be personally delivered or sent by certified or registered first-class mail, return receipt requested and documented in the case file. Each notice will be written in plain, understandable language. Each notice will indicate the name and telephone number of a person who may be contacted for answers to questions or other needed help. There are three principal notices: 1) the General Information Notice, 2) the Notice of Relocation Eligibility, and 3) the Ninety-Day Notice. The General Information Notice (GIN) is intended'°tq provide potential relocatees'wilh ageneral written description of the Developer's relocation program ,end°"basic information concerning benefits, conditions of eligibility, noticing requirements and'appeal rights. (See Exhibit B) The GIN is issued as early as is feasible irisssthe initial stages of a Project, preferably, the planning stage. A GIN was delivered to the tenan£'shortly.before the initial interview for this Plan. A Notice of Relocation Eligibility (NOE) wil NOE to the residential relocatee contains a d. and a computation of a rniltiirm entitleme~ household and the analysis of comparable rep The NOE will be issued to, any eligible perma by the Developer and the Project fimding is in be distributed to each residential relocatee. The erm=nation of eligibility for relocation assistance based on in#'ormation provided by the affected cement properties undertaken by relocation staff. ent displacee, once the property has been secured No lawful:clcdiipant will be required to move without having received at least 90 days advance ,:~w written notice of the earliest date by which the move will be necessary. The 90-day notice will either_*,rtate a specific date as the earliest date by which the occupant may be required to move or state that the occupant will receive a,:fiirther notice indicating, at least 60 days in advance, the specific date of the required move. ~ The 90-day notice will not be issued to any residential displacee before a comparable replacement dwelling has been made available. In addition to the three prripal notices, Developer staff will issue timely written notification in the form of a Remindel Notice, which discusses the possible loss of rights and sets the expiration date for the loss of benefits to those persons who: 1) are eligible for monetary benefits, 2) have moved from the acquired property, and 3) have not filed a claim for benefits. Reminder Notices will be issued periodically throughout the qualification period. An attempt shall be made to make written contact with all non-responsive relocatees no latex than within the last six months prior to the filing expiration date. 16 4-89 B. PRIVACY OF RECORDS All information obtained from displacees is considered confidential and will not be shared without the consent of the displacee or the Developer. Developer staff will comply with federal regulations concerning the safeguazding of relocation files and their contents. C. GRIEVANCE PROCEDURES A person who is dissatisfied with a determination as to amount, the failure to provide comparable temporary he management practices may file a Relocation Assistance Ap of appeal with the Developer. The Developer's appeal described in Article 5, Section 6150 et seq., Title 25, Chap1 of Housing and Community Development Program '~gu Developer's appeals policy will be famished upon request. D. EVICTION POLICY i. Eviction will cause the fo`i benefits. Relocation re circumstances surrounding 2. Eviction of a be or more ibility ff3~.. benefits, a payment ~_pr the Developer's property Form. or any other written form :ies will follow the standards State of California, Department ies. Specific details for the to relocation assistance or -'`to reflect the specific following reasons: (a) -'Faiaure to pay,rent, except in those cases where the failure to pay is due to ... the owner's failure to keep t~3'% 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; A material brea''ch of the rental agreement, and failure upon notification to correct said breach within 30 days of Notice; (d) Mairitbnance 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 offers of replacement dwellings; and/or, (f) A requirement under State, or local law or emergency circumstances that cannot be prevented by reasonable efforts on the part of the Developer. 17 4-90 E. CITIZEN PARTICIPATION As the process for considering the Project moves forward, the Developer will observe the following protocol: 1. 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- 4Fgsnizations forming a relocation committee; 3, Provide technical assistance necessary to and other pertinent materials; 4. Issuance of a general notice coc review, as required, 30 days prior 5. The inclusion of written or oral cc Developer's response as~an attachment governmental body for approval,. F. PROJECTED DATE OF The Developer anticipates thaT'the earliest 90-day,: Vacate 6i`s G. ESTIMATED REL±DCA:ji'I()j~fi CGSTS of the Relocation Plan the availability of the Plan for public concerning the Plan and the is forwarded to the appropriate will be issued is May 2009. The total liudget estitpate for relocation-related payments for this Project, including a 10% contirtt„ency, is $49,000. The estimated relocation budget does not include any payments related to property acquisition. In addition, the budget does not consider the cost of any services necessary to implement the Plan and complete the relocation element of the Project. 1f the Project is implemented, and circumstances arise that should change either the number of residential occupants,:or the nature of their activity, the Developer will authorize any additional funds that may need to be appropriated. The Developer pledges to appropriate, on a timely basis, the funds necessary to ensure the successful completion of the Project, including funds necessary for LRH as indicated in Section N, E, of this Plan to meet its obligation under the relocation regulations. 18 4-91 EXHIBIT A RESIDENTIAL INTERVIEW FORM 4-92 EXHIBIT B GENERAL INFORMATION NOTICE 4-93 GUIDEFORM GENERAL INFORMATION NOTICE RESIDENTIAL TENANT NOT DISPLACED November 14, 2008 Dear Resident: The Property Owner is interested in rehabilitating the property you currently occupy at 703 N. Lacy St, Santa Ana, CA 92701, for a proposed project which may receive funding assistance from the U.S. Department of Housing and Urban Development (HUD). The purpose of this notice is to inform you that you will not be displaced in coniYeetn with the proposed project (See details below). If the project application is approved and federal financial assistance provided, you,may be required to move temporarily so that the rehabilitation can be completed. If you must move temporarily, suitable housing will be made available to you and you will be rennbursed for all reason~le out of pocket expenses, including moving costs and any increase in housing costs. You will need to contilYfie to pay your rent and eotxlply with all other lease terms and conditions. _ Upon completion of the rehabilitation, you will be able to suitable, decent, safe and sanitary apartment in the same b conditions (See details below). 4; If federal financial assistance is provided for the proposf known as [he Uniform Relocation Assistance and Real F URA protections for persons temporarily relocated is the the temporary relocation lasts more than one year, you v assistance as a displaced persoti'€'Xtndet the. URA. This as receive in connection wrth te(porary relocation and wiI relocation assistance pre,~ifiusly,provided. 3'ou will also you feel that your application for assistance was not prod "ypur present apartment or another under reasonable terms and oject, you will be ptA'tected by a federal law rEy acquisition Policies Act (URA). One of the ;l relocations shall not extend beyond one year. If e contacted and offered all permanent relocation ice would be in addition to any assistance you may be reduced by the amoruit of airy temporary the right to appeal the agency's determination, if In the event your r~puer the incoWg levels for the proposed project, you may be eligible for permanent relocation benefits includiuag but not lniited to: advisory services, referrals to comparable replacement dwellingsand financial assistance to purchase,ur rent a replacement dwelling. Accordingly, it is of paramount importance that we receive your cooperation in our survey and assessment of your needs in the completion df he attached income ceffification. We urge you not to mogg at this time. If you choose to move, you will not be provided relocation assistance. Please remember: This is not a notice to vacate the premises. This is not a notice of relocation eligibility. You will be contacted soon so that we can provide you with more information about the proposed project. If the project is approved, we will make every effort to accommodate your needs. In the meantime, if you have any questions about our plans, please contact: Advanced Property Services, LLC -Barry A. Cottle, PO Box 311, Tustin, CA 92781 (71 a) 731-7313 Sincerely, Barry A. Cottle 4-94 GUIDEFORM GENERAL INFORMATION NOTICE de Inquilinos Residenciales no desplazados 14 de Noviembre de 2008 Estimado Residente: El dueno de la propiedad esta interesado en rehabilitar la propiedad que usted ocupa en la direction 703 N. Lacy St., Santa Ana, CA 92701 pare uu proyecto que esta propuesto y que posiblemente recibira asistencia de fondos del U.S Deparhnent of Housing and Urban Development (HUD) El propusito de este aviso es paza informazle que usted no sera desplazado en cot~~ion con este propuesto proyecto (Vea detalles abajo). "'' Si la aplicacion pare el proyecto es aprobada y asistencia de fondos federlles es.proporcionada, es posible que usted sea requerido a mudarse temporalmente haste que la rehabilitacifan se cumpla. Si tiene que mudarse Yempoxalmente, una vivienda adecuada sera disponible y usted ser&Yrtbplsado por tbdos los gastos razonables, incluyendo los gastos de mudanza y cualquier aumento de codas de vivienda. Usted necesita continuer pagando su renta y cumplir con todos los otros terminos y condicionesd..e su contrato de inqulino,, Cirando la rehabilitation se cumpla, usted podra alquilaz y adecuado que sea detente, seguro y sanitario en el mismo ~ razonables (Vea detalles abajo). Si asistencia de fondos federates es federal conocida como la Ayuda Uniforme de Reurbaniz Rakes (URA). Una de las protecciones de la URA pare I desplazo no puede extender mas de un ano. Si el desplaz~ contactado y dado una oferta de istericia de reubicacion la URA. Este asistencia sera en edition a la asistencia qd sera reducido por la cant~dad';de asistencia que usted reci apelar la determination de la agencia, si usted siente que propiamente. _. mento u olco apartamento terminos y condiciones o proyecto, usted sera protegido por una ley cto de Political de Adquisicion de Bienes esplazadas temporalmente es que tat I se exfj`ende mas de un ano, usted sera me tat como una persona desplazada baj o de en conexion con el desplazo temporal y no ~rmente. Usted tambien tendra el derecho de ;ion pare asistencia no fue considerada En caso que sii~"ingresossa1irepaseu Igs niveles del propuesto proyecto, usted puede ser elegible pare beneficial de reubicacion permanente quo inclµyen pero no son limitados a: Los servicios de consejo, refereucras a viviendas comparaliles de reemplazo y asistencia financiera pare comprar o alquilar una vivienda de reemplazo. Por to tauto, es dgaa mas alta importancia que recibamos su cooperation en nuestra inspeccigri y evaluation de sus necesidades en completer la certification de ingresos incluida con esta Carta. Le pedimos que no se mude de su'vivieuda. Si elige mudarse, no recibira asistencia de reubicacion. POR FAVOR RECUERDE:-', ' Este NO es un aviso de desalojo Este NO es un aviso de elegibilidad pare beneficial de reubicacion Usted sera contactado pronto pare poder proporcionarle mas information acerca del propuesto proyecto. Si el proyecto es aprobado, haxemos cede esfuerzo pare acomodar sus necesidades. Por to pronto, si tiene alguna pregunta acerca de nuestros planes, por favor contacte: Advanced Property Services, LLC-Barry A. Cottle, PO Box 31 I, Tustin, CA 92781 (714) 731-7313 Sinceramente, Barry A. Cottle 4-95 EXHIBIT C 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 to define and determine housing eligibility by income level. Family Size Extremely Low Very Logy ,,, Lower 1 Person 19,550 32,550 52,100 2 Person 22,300 37;200 ,x,500 3Person 25,100 4f,850"' 66,950 5 Person 30,150 ` 50,204 80,350 6 Person ~,~ .32,350 53,950 86,300 7 Persopo. = ' ' 34,600 57,650 92,250 8 Person. 36,850' 61,400 98,200 are per the Depar(ment of Housing and Urban Development (California), February 19, 4-96 EXHIBIT D RESIDENTIAL INFORMATIONAL BROCHURE 4-97 Displacing Agency C&C Development Co. Orange Housing Developm+ Lacy Apartm Ir 1. 10 Inc. A Replacement Dwelling 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Moving B~pefits Replacement`Housing Payment -Tenants And Certain Others 8 using Payment -Homeowners And Filing Of Relocation Claims >ina Assistance Appeal Procedures -Grievance Tax Status of Relocation Benefits Legal Presence Requirement Non-Discrimination and Fair Housing Additional Information And Assistance Available "mf:d.'. f?~:I" 4-98 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 maybe 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 play 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 provide relocation assistance to you. The firm is available address and telephone number is listed on the cover. PLEASE DO NOT MOVE PREMATURELY. THIS,I~ DWELLING. However, if you desire to move sooner than r with Overland, Pacific & Cutler, Inc., so you will not j informational brochure only, and is not irijended to give regulations pertaining to the Displacing Agency's'relocation s Please continue to pay your rent to your cutrent land jeopardize the relocation be~eFls to which you( mgt be Agency acquires the propert5~;'yetu W)11 also be regytred to ud, Pacifj£'i& Cutler, Inc. (OPC) to ain the program and benefits. Their A NOTICE TO VACATE YOUR you must contact your representative e any benefits. This is a general °~d, description of either the law or Gerwise you may be evicted and to receive. Once the Displacing to the Displacing Agency. The Displacing Agency,_through its represeufatives, ~yi11 assist you in locating a comparable replacement dwelling by pratiding referrals to appopriate and available housing units. You are encouraged to actively seek such housing yourself. When a suitable replacement dwelling unit has been found, your relocation consultatt~ will carry out an inspection and advise you as to whether the dwelling unit meets decent, safe and sanitary housing requiremepts., A decent, safe and sanitary housing unit provides adequate space for its occupants, groper weatherpropfing and sound heating, electrical and plumbing systems. Your new dwelling must pass Yttspection before relocation assistance payments can be authorized. ........... If you must move as a re"ult 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 Exyenses based on at least two written estimates and receipted bills; or A combination of both (in some cases). 4-99 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 /or other items that require special handling. In this case, there maybe an adjustment in the number of rooms which qualify under the Fixed Residential Moving Cost Schedule. A. Fixed Moving Payment (Se-f Move) FiXe41,IGTQYi4~g"~~ftec)t11e ,:_ A Fixed Moving Payment is based upon the number of CQtL~F~RNIA =~'Eff$~# xe:2pt?EE :.' rooms you occupy and whether or not you own your own Occupant owns furniture: furniture. The payment is based upon a schedule approved 1 room $625 by the Displacing Agency, and ranges, for example, from 2 rooms $800 $400.00 for one furnished room to $2,150.00 for eight 3 rooms $1,000 rooms in an unfurnished dwelling. (For details see the 4room5=: $1,175 table). Your relocation representative will inform you of .t u 5 rooms $1,425 the amount you are eligible to receive, if you choose thts O. 6 ioRms $1,650 type of payment. 7 rooms $1,900 3 8 rooms , . $2,150 If you select a fixed payment, you will be responsible for ~' Each additii5hal room $225 arranging for your own move, and the Displacing Agency = , Occupant does NOT o1tYn furniture: will assume no liability fox any loss or dattt`age of your 1 room $400 personal property. A fixed payment also includes utility Each additional;+f0om $65 hook-up, credit check and other related moving fees. 9 B. Actual Moving Expense (Commercia) l~gve) :,_ ,,,!" If you wish to engage the services of a licensed cgmmercial mover and have the Displacing Agency pay the bill, you may claim the ACTUAL: cost e#f moving your personal property up to 50 miles. Your relocation „representative will mfciti`i you of t1}e number of competitive moving bids (if any) which may 4~°requir~d, and assist you in developing a "mover" scope of services for Displacing Agency approval. ': 4. REPLACEMENT HOUSING PA'fFMENT-TENANTS AND CERTAIN OTHERS ~::~ You may be rlgible for a payment;up to $5,250.00 to assist in renting or purchasing a comparable replacemgnf'dwelling. In Order to qualify,_ypu must either be a tenant who has occupied the present dwellir~°dfor at least 90 days iztimediately 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 tie based upon the difference over aforty-two (42) month period between the rent you must pay. ft5r a comparable replacement dwelling and the lesser of your current rent or thirty percent (30°L°j 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 clazify procedures necessary to apply for this payment. 4 -100 5. SECTION 8 TENANTS When you do move, you maybe eligible to transfer your Section 8 eligibility to a replacement site. hi such cases, a comparable replacement dwelling will be determined based on your family composition at the time of displacement and the current housing progam 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 Displacat~Age~cy for at least 180 days prior to the initiation of negotiation, you may be eligible to receive a payment of up to $22,500.00 to assist you in purchasing a comparable replacement unit. This payment is intended to cover the following items: 1. Purchase Price Differential - An amount whrch,'v~hen added to the amount for which the Displacing Agency purchased your property, equals the lesser of the actuaLpost of your replacement dwelling; or the amount determined by they Displacing Agencyas necessary to purchase a comparable replacement dwelling. Your rEl'€~eation 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. E" 3. Incidental Expenses -Those one time iucitlental costs related to purchasing a replacement unit, such as escrow fees, recording fees_~and credit repdrt fees. Recurring expenses such as prepaid taxes and insurance premtunt `are not compensable. B. Rental Asststanee Qption - If ybu are an owner-occupant and choose to rent rather than purchase a replacement dwelling,,, you mazy be eligible far a dental assistance payment of up to the amount that you could have received under the Purchasa,Ftice Differential, explained above. The payment will be based on the diffeleirce between,tlie 1'd'r market rent of the dwelling you occupy and the rent yoit`must pay far a comparable replacement dwelling. ;. If°'you.receive a rental a&sistance ~ayxnent, 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 rece}VP(t as a rental assistance payment. 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 an owner-occupant, the latter o£ a. The date you receive final 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 b. The date the Displacing Agency fulfills its obligation to make available comparable replacement dwellings. 4 -101 A11 claims for relocation benefits must be filed with the Displacing Agency within eighteen (18) months from the date on which you receive fmal payment 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 on a timely basis. Last Resort Housing assistance is based on the individual circumstances of.the displaced person. Your relocation representative will explain the process for determining whether or°~ot you qualify for Last Resort assistance. If you are a tenant, and you choose to purchase rather than rent sE Compazal~Ie„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 to4purchase. 9. RENTAL AGREEMENT As a result of the Displacing Agency's action to purchase the property where you live, you may become a tenant of the Displacing Agency. If this ogGUrs, you will be asked to sign a rental agreement which will specify the monthly rent to be paid, when rent. payments aze due, where they are to be paid and other pertinent information. 10. EVICTIONS Eviction for cause must confirm to applicable State and local 12w. Any person who occupies the real property and is not in unlawful occt(pancy on the date of initiation of negotiations, is presumed to be entitled to relocation beli`8fi}s, unless the Displacine Aeencu>determines that: • The person received an evictigp notice prior to„lhe initiation of negotiations and, as a result, was later evicted;.or • The person is evicted after fhe initiation of negotiations for serious or repeated violation of malarial terms of the lease; and • T7te eviction was not undertaken for tlTe 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 Displacine Aeencv. 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. 12. TAX STATUS OF RELOCATION BENEFITS California Government Code Section 7269 indicates no re]ocation payment received shall be considered as income for the purposes of the Personal Income 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 11 4 -102 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. Furthermore, federal regulations (49 CFR Part 24, Section 24.209) also indacate 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 Intemal 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 (ii) promoting marketing or recommending ta,,nnother party any matters addressed herein) 13. LAWFUL PRESENCE REQUIREMENT In order to be eligible to receive relocation benefits in federally-n the household to be displaced must provide information xegarditYl States. Any member of the household who is not lawfully presen provide this information may be denied relocation bdflefi°is, unless exceptional and extremely unusual hardship to the alien's spouse, pa or an alien admitted for permanent residence. Exceptional and ext significant and demonstrable adverse impact;pn the health or safefy, and any other impact determined by the Disp"~acjng Agency to nega or child. Relocation benefits will be prorated to"reject the number lawful presence in the US. ti relocation projects, all members of their lawful presence in the United in the United States or declines to auch inelieibility woiil"d result in an r child, any of whom is a citizen unusual hardship is defined as ued existence of the family unit, affect the alien's spouse, parent us~hold members with certified No person shall on the mounds of race, color, national prigin or sex, be excluded from participation in, be denied the benefits of or! be subjected to discriminatSgit under the Displacing Agency's relocation assistance program pursuant to Title Vf of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, and othe4 applicable state and federal anti discrimination and fair housing laws. You may file a complaint if y~itit'belie~e 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 new home. Your cooperation will be helpful and greatly appreciated. If yocl h'~~ e any questions at any time during the process, please do not hesitate to contact your relocation representative at Overland, Pacific & Cutler, 4 -103 Agencia de Desplazamiento:., C8~C Development Co. And '' Orange Housing Development Corp. Lacy Apartme 10`' Irvi (800) 16. Information General '" 17__. A'yuda Para Encoi~trar Unidad de Reemplazo 19. Pago de Reemplazo tie Vivienda - Inquilinos y Ciertos Otros 2t3. Inquilinos de Sgccion,,;8` 21. Pago de Reemplazo~de Vivienda - Duerios 22. i~equisitos pars Llena Reclamos de Reubicacion 23. Pago de Ultimo Recurso 24. Contrato-de~tenta 25. Eviccion~s 26. Procedrnientos de Apelacion - Agravio 27. Condici6n de Impuestos sobre Beneficios de Reubicaci6n 28. Requisitos de Presencia Legal 29. No-Discrimination Y Vivienda Justa 30. Informaci6n Adicional y Asistencia Disponible d =r'~~tts,,'a1'r 4 -104 1. INFORMACION GENERAL La vivienda en el que usted vive esta en un area de proyecto que va a ser mejorada, o financiada por, la Agenda de Desplazamiento usando fondos federales. Si y cuando el proyecto prosiga, y es necesario que usted se mude de su vivienda, usted podria ser elegible para recibir ciertos beneficios. Usted sera notificado con tiempo de la fecha en que tendra que,,,#~udarse. Por favor lea esta information, ya que le ayudara a determinar su elegibilidad y; la eantidad de los beneficios de reubicacion que usted puede recibir bajo la ley federal Usted.fl~cesilara„proporcionar information adecuado y a tiempo paza determinar sus beneficios de reubieacion. La information es voluntaria, pero si no la provee, usted no podria recibir los beneficios ~ p}ld?era demor~r el pogo. Le sugerimos ,; que guazde este folleto de information para su referenda.; La Agenda de Desplazamiento ha contratado los"servcios de la compania Overland, Pacific & Cutler, Inc. (OPC), para proveerle asistencia de reubicadpn, La empresa esta a sib disposition para explicarle el programa y los beneficios. Su direction y nurnero de telefouo se encuentran en la portada de este folleto. POR 'FAVOR NO SE MUDE ANTES 17kE T DESOCUPAR SU VIVIENDA. Sin embargo, si debe ponerse en contacto con la empresa Overland, de sus beneficios. Este es uriicamehte un folleto proporcionar una descripc6n detallada:ni de la ley' al programa de asistencia de la Ageneia de Desplaz< ,MPO. ESTE N'O ES UN AVISO PARR ~tetl desea mudarse antes de to requerido, usted cific & Cutler, Inc., para que no pierda ninguno information general y no tiene la intention de de los reglamentos relacionados que pertenecen Por Favor siga pagatado su yenta[ mensuat ql ill~efo de la propiedad en la cual usted vive. Si no gaga su rentti°"ti"sted puede ser desalojado rl'e su vivienda y puede perder sus derechos de reclamar beneficios de retibicaciGq. Uqa vez que la Agenda se convierta en dueiio de la propiedad, sera necesario que psted saga pagando su yenta a la Agenda. 2. AYUDA PARR ENCONTRAR UNA UNIDAD DE REEMPLAZO La Agenda de Desplazamieato, por medio de sus representantes, to asistira en localizaz una vivienda de reemplazo compazabl~ proveyendo referencias de unidades de vivienda apropiadas y disponibles. Es importante tambien que usted se mantenga activo buscando tal vivienda. Cuando la vivienda de reemplazo sea encontrada, su consultante de xeubicacibn llevaza aeabo una inspection y le avisara si la unidad Mena los requisitos de una vivienda que es detente o razonable, Segura y limpia. Una unidad de vivienda razonable, Segura y limpia debe proveer un espacio adecuado para sus ocupantes, estar a prueba de mal temporal y de un sistema adecuado de calefaccion, plomeria y electricidad. Su vivienda de reemplazo debe pasar la inspection antes de la autorizacion de pagos de beneficio. 4 -105 3. LOS BENEFICIOS DE MUDANZA Si usted tiene que mudarse debido a un proyecto de la Agenda de Desplazamiento, usted recibira un pago para asistirlo a mover su propiedad personal. Los gastos reales, razonables y necesarios de mudanza pueden estar determinados basados en las siguientes formas: • Un Pago Fijo de Mudanza basado en el numero de cuartos que usted ocupa (ver abajo); o • Un pago por su Mudanza Actual Razonable y Gastos Relacionados basados al menos en dos estimados escritos o cobros xecibidos; o • Una combination de ambos. ;,.. Por ejemplo, puede escoger mudarse por si mismo, recibiendo ui pago basado en el Costo Fijo de Mudanza Residential mostrado abajo, mas el costo de mudan~d profesictnal para transportar objetos que requieren cuidado especial Como un piano de cola y/u ot1~s. ~n este caso, podria haber un ajuste en el numero de cuartos que califiquen bajo La Tabla de,.~"sto F1jo de Mudanza R,esidencial. ;.. A. Pago Fijo de Mudanza (Mudanza por Sr Nfismu) Pala Ft # de Mttdanza ; Un Pago Fijo de Muduiza esta basado en el numero ;C~tLIF£3j2~A ~~~~Ct~,37~!`;r'0#}l~) de cuartos que ocupa y si usted es dueno de muebles a Ocupante dueno de muebles: no. EI pago esta basado en una ls~a aprobada por la 1 cuarto $625 Agenda de Desplazamiento, que es desde, por ' 2 cuartos $800 ejemplo, $400.00 por un cuarto amuehlado ,.hasty 3 ouartos $1,000 $2,150.00 por ocho cuartos en una vivienda sin 4 cuartos $1,175 muebles (ocupante dueno de muebles). (Para ietalles `'' 5 cuartos $1,425 vea la tabla). Su i~presetuante de reubioaci6n le ~! ' 6 cuartos $1,650 informara de lqz cantidad que;, usted recibira al ser 7 cuartos $1,900 elegible si ustetl"eseoge este tpo de pago. 8 cuartos $2,150 Cady cuarto adicional $225 Si usted,,eseoge el Pago Fijo de Mutl~pza, Listed serf Ocupante no es dueno de muebles: resportsable do los arreglos de su propia mudanza, y la 1 cuarto $400 Agericia de Desplazamiento no asumira ninguna Cada cuarto adicional $65 __: respdnsabilidad por perdidas o dafists a su propiedad personal. Un pago fijo tambidn incluye ]a conexicih.de utilidades, la revision de credito y otros gastos relacionados a la mudanza. C. Gastos Actualos,de Mudanza (Mudanza Comercial) Si usted desea contrat3~los servicios de una compania profesional de mudanza y quiere que la Agenda de Desplazamiento pague la factory, usted puede reclamar e1 costo ACTUAL de la mudanza de propiedad personal hasty una distancia de 50 millas. Su representante de reubicacion le informara del numero de presupuestos estimativos que podrian ser requeridos y le ayudara a desarrollar un plan que la Agenda de Desplazamiento pueda aprobar. 4. PAGO EN REEMPLAZO DE VIVIENDA - INQUILINOS Y CIERTOS OTROS Inquilinos y duenos ocupantes pueden ser elegibles por un pago hasty de $5,250.00 para ayudarlo con el alquiler o la compra de una vivienda de reemplazo comparable. Para calificar, debe de ser un inquilino que ha ocupado la vivienda presente por al menos 90 digs inmediatamente antes de la 4 -106 iniciacion de negociaciones o un dueno que ha ocupado su vivienda entre 90 y 180 dias inmediatamente antes de la iniciacion de negociaciones. A. Asistencia de Renta. Si usted desea rentar su vivienda de reemplazo, sus beneficios maximos se basaran en la diferencia sobre un periodo de cuarenta y dos (42) mews entre la rents que tiene que pagan por una vivienda de reemplazo comparable, y to menor de la rents actual o un treinta por ciento (30%) de los ingresos mensuales si su total de ingreso en bruto son clasificados como de "bajos ingresos" por la Encuesta Anual del Departamento de Vivienda y Desarrollo Urbano (HUD) de los Estados Unidos, con respecto a los Limites de Ingresos para la Vivienda Publics y Programas de Section 8. Usted tendra que proveer a su representante de reubicacion la verification de su rents a ingeso mensual antes que se determine la elegibilidad de su pago. -o- B. Asistencia de Pago de Enganche. Si usted califica, k~ desea comprar una casa como una vivienda de reemplazo, usted puede solicitar la cantidad'#atal de su pi~go de rents pars un pago de enganche sin ningun otro costo. Su representante" de reubicaci6n le explicara los procedimientos necesarios para solicitar este tipoie pago. 5. INQUILINOS CON SECCION 8 Cuando usted se mode, usted podria ser elixgible de transferir su ~legibilidad de Seccion 8 a un Lugar de reemplazo. En tales casos, una vivienda comparable sera determinada laasada en la composition de su familia al tiempo del desalojo y en el criterio actua) del programs de viviendas. Es posible que la unidad de vivienda no sea del mismo tamai~p como`la que,ahofa ocupa. Su representante de reubicacion le proveera con servcios de conse~ena`y de asesdramiento junto con Los beneficios de mudanza. A. Si ustleel'°"es dueno y ocgpa, una vivienda que va ser comprada por la Agenda de Desplazamiento po~-lomenos fur 180 dias antes del inicio de 1as negociaciones, usted podria ai=r elegible a recibir uti pago de has~a $22,500.00 para ayudarlo en la compra de una vivienda de reemplazo. Este page cubre lo'siguiente: Diferehcial Del 1'recio de Compra -Una cantidad que, cuando agregada a la cantidad por la coal la A~encia compro su propiedad, es menor al costo actual de su vivienda de reemplazo, !o:=~a cantidad determinada por la Agenda de Desplazamiento como sea necesario„para comprar una vivienda de reemplazo comparable. Su representante de reubicacion le explicara ambos m€todos en detalle. Pago de Diferencial de Interes Hipotecario - Un pago que cubre el costo del aumento en Los intereses, si hubiera alguno, para financiar una vivienda de reemplazo. Su representante le explicar'a Las condiciones limitadas. Gastos Incidentales - Estos son Los costos imprevistos de ocurren una vez relacionados con la compra de una unidad de reemplazo, tales como: pago por servicios de cuenta de plica (escrow), pago de inscription y del reporte de credito. Los gastos recurrentes al comprar una propiedad como Los pagos prepagados de impuestos y de primas de seguro no son compensables. 4-107 B. Option de Asistencia de Renta - Si usted es un dueiio-ocup""ante y elige rentar en vez de comprar mia vivienda de reemplazo, usted puede ser elegible para un pago de asistencia de renta por toda la cantidad que pudiera haber recibido bajo la clausula de Diferencia en el Precio de Compra, descrito arriba. E1 pago estara basado en la diferencia entre to que es la renta del mercado de vivienda que ocupa y la renta que usted debe pagar por una vivienda de reemplazo comparable. Si usted recibe un pago de asistencia de renta, Como descrito arriba, y despues decide comprar una vivienda de reemplazo, usted podria solicitar un pago que es igual a la cantidad que hubiera recibido si inicialmente hubiera comprado una vivienda de reemplazo comparable, menos la cantidad que ya recibio como pago de asistencia de renttt, ,, Para calificar para un Pago de Reemplazo de Vivienda, usteit tir~ne'que rentar 4 comprar una vivienda de reemplazo comparable dentro de un ano de to siguiente: • Para un inquilino, la fecha que se mude de la vivienda de tiesplazo. • Para un duefio-ocupante,lo que ocurra mastarde de; ,' a. La fecha cuando reciba el~pago final por la urridad de desalojo, o, en caso de un procedimiento de expropiacitin o::confiscacibn, la fecha .,cuando la cantidad total estimada como compensation jps b. La fecha en que la Agencia'' proveerle una vivienda de' Todos los reclamos de retbicacion tteben ser nn dieciocho (18) mewsi~tF cuando usted se mude de usted en con su obligation de a la Agencia de Desplazamiento dentro de .pago final por su propiedad, o de la fecha estas que ocurra mas tarde. Si no hay viviartdas comparables de reemplazo disponibles cuando a usted tenga que mudarse, o si las viviendas de reemplazo no estait disponibles dentro de los limites monetarios ya citados, la Agencia le dara asistencia de ultimo recurso para que puede rentar o comprar una vivienda de reemplazo a tiempo. La Asister4ci& de Ultimo Recurso est5 basada en las circunstancias individuales del desplazado. Su represent~pte de reubicacion le explicara el proceso para determinar si usted califica o no para tal tipo de asistencia. Si usted es un inquilino, y elige comprar en vez de rentar una vivienda de reemplazo comparable, la cantidad total de sus beneficios de asistencia de renta y su elegibilidad de Ultimo Recurso seran aplicados en el enganche y en los gastos incidentales elegibles de la vivienda que usted esta intentando comprar. 4-108 9. CONTRATO DE RENTA En el caso que usted pase a ser un inquilino de la Agenda de Desplazamiento como resultado de la action de la Agenda de comprar la vivienda donde usted vive, se le pedira a usted que firme un contrato de renta el cual especificara la renta mensual que tends que pagar, cuando se vence la renta, donde fiene que pagarla y otra informacibn perkinente. 10. EVICCIONES Las evicciones por causa deben ser aplicables y conformarse a la ley l~statal y local. Cualquier persona, que ocupa la propiedad y no esta en tenencia ilicita en Ia fedha de la iniciacion de negociaciones, se asume que tiene derechos a los beneficios de reu~ic3Gon, al menos que la Agenda de Desplazamientos determine que: • La persona recibio una aviso de eviction antes de Lary ir~yciacion de negociaciones y, como resultado, posteriormente fue desalojada; ,. • La persona es desalojada despues de la iniciacion de negociaciones por serias o repetidas violaciones de los terminos del contrato, • E1 desalojo no fue llevado a Cabo con el prop6sito de eva~ir l~s reglamentos de asistencia en reubicacion. Excepto por las causas de eviction descritas arriba, ninguna persona que legalmente ocupa una propiedad de la Agenda es requerida a carribiarse si no tiene un auisar~~'scrito por los menos de 90 dias. .. Cualquier persona con de la cantidad de un pa estan a ~i`'de elegibilidad en un pago de reubicacion o sea revisado o reconsiderado de acuerdo con el es completos de procedimientos de apelaci6n El Codigo del Gobierno de California, Section 7269 indica que ningim pago de reubicacion debe ser considerado como ingreso pafa el proposito de Ley de Impuestos de Ingresos Personales, Parte 10 (comenzando con la Seccipn 170 Ol) de la Division 2 del Codigo de Ingresos e Impuestos, o la Ley de Impuestos para Bancos }~''Corporaciones, Parte 11 (comenzando con la Section 23001) de la Division 2 del Cbdigo de Ingresos e Impuestos. Ademas, las regulaciones federales (49 CFR Parte 24, Secci6n 24.209) tambien indican que ningun pago recibido bajo esta parte (Parte 24) debera ser considerado como ingreso para el proposito del Codigo de Ingresos Internos de 1954, el cual ha lido redestinado como el Codigo de Ingresos Internos de 1986. Las declaraciones anteriores no son ofrecidas como consejo legal con respecto a consecuencias de impuestos, y los desplazados deben consultar con su propio consejero de impuestos o un consejero legal para determinar el estado actual de tales pagos. (Declaration de la Circular del IRS 230: Para asegurar cumplimiento de Zos requisitos de impuestos por el IRS, le informamos que ningun consejo de impuestos contenido en esta comunicacion 4 -109 (incluyendo cualquier anexo) no ha tenido 1a intention o fue escrito para ser usado, y no puede ser usado, para el proposito de (i) evadir multas relacionadas con impuestos bajo el Codigo de Ingresos Internos o (ii) para promover mercadeo o recomendar a algun individuo a asuntos explicados en la presente) 13. REQUISITO DE PRESENCIA LEGAL Para poder ser elegible de recibir beneficios de reubicacion por proyectos de reubicacion fmanciados con fondos federales, todos los miembros de la vivienda a ser desplazados deben de proporcionar information con relation a su presencia legal en los Estados Unidos A.;,cualquier miembro de la vivienda que no este legahnente residiendo en los Estados Unidos a se rehusa a proporcionar esta information, se le podria negar los beneficios de reubicacion, al me~os,que tal ilegibilidad resultara en una dificultad inusual exceptional y extremosa para el conyug~l padre, o hijo del que no esta legal, y que cualquiera de epos es un ciudadano o alguien que ha sido~admitido para,residencia permanente. Las dificultades inusuales, excepcionales y extremosas son tlefinidas comp significantes cuando muestran un impacto adverso en la salud o la seguridad, una existencia continua Bela unidad familiar, y cualquier otro impacto determinado por la ?~~Ireia de D'esplazamientos que pueda afectar negativamente al esposo/a, padre o hijo del que no esta legal. Los;,beneficios de reubicacion seran ,;: calculados de acuerdo al numero de miembros de la familia eon presencia legal`~certificada en 1os Estados Unidos. 14. NO-DISCRIMINACION Y VIVIENDA JUSTA A ninguna persona por motivos de rata, color, origett-°nacional o sexo se le excluira de participation, no se le negar'a a recibir be~aeficios, o,ae le sujetard, a diserimf'nacion bajo el programa de asistencia de reubicacion de la Ag~ncia de Desplazamiento de acuerdo con el Titulo VI del Acta de Derechos Civiles de 1964, con el Acta de Derechos Civiles de I96B"del Titulo VIII, y de acuerdo con otras leyes de anti-discrimination y vivienda justa~ estatales y fpderales aplicables. Usted podria someter una queja si usted,„_s:e que has sido sujeto a drstrimnacion. Para obtener mas detalles, por favor Los responsables de proveer asistencia de reubicacion esperan ayudarle en todas las formas posibles para minimizar la difitil tarea ~e reubicacion a una nueva casa. Su cooperation ser$ de mucha ayuda y gratamente apreciada. Si tiene preguntas durante el proceso de reubicacion, no dude en comunitarse con su representante de &~ubicacion de Overland, Pacific & Cutler. 4 -110 EXHIBIT E PUBLIC COMMENTS AND RESPONSES 4 -111 THIS PAGE LEFT BLANK INTENTIONALLY 4-112 1KV llVG~I.H 7GV10 (949)951-5263 November 24, 2008 Overland, Pacific & Cutler, Inc. EXHIBIT 4 4 -113 A.~ 1.y J..4 i1.AJ ~L/Y8. ~. 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 ("the Project"). The Project site consists of .2 acres and is located at 702 S. Raitt Street. The site contains one structure housing 10 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 the interior, new drywall, paint, insulation, kitchen cabinets, toilets, bath tubs, shower enclosures, sinks, garbage disposals, and vnryl flooring will be installed or replac~wWork on the exterior will include new roofs, repairs to the stucco, new exterior paint au`d new'windows. Eight units will remain after the rehabilrtation~has been complg~ted: four one-bedroom units, two two-bedroom units and two three-bedroom waits: Units w~1 be offered'lo tenants who qualify at 50% of area median income. Those tenant households, whose income level is ,,.. greater than 50% of area median incortl~, will need to be pernanently relocated. In addition, even if all tenant households "income quajify','_to remain wit[iin die Project, because two units will be lost for the expansion of several tlliits,_two households will be permanently displaced regardless. New tenants will be ht people in an addihortal' occupancy standard (tw living room or den) for will be gra'~ct~atherec rehabilita~d units, u~li reduction.. in number of As of this date, the P households. The needs a program to provide assis Plan (Plan). The dweliu in the area generally bo and S. Townsend Street shown in Attachment 1. occupancy. standard (two people per bedroom and two a living ropm or den) for one-bedroom units and a 2+1 bedroom and btTe person in an additional room such as a .g bedroom units. Any current overcrowded households qualify to remain within the Project in one of the one of the two households to be displaced due to the >jcet will"cause the permanent displacement of two residential d characteristics of the permanent displacees and the Developer's ar€ce to each affected person are general subjects of this Relocation s; which are the subject of this Plan, are located on Raitt Street and nded by W. Willits Street, S. Western Avenue, W. Wisteria Place in the City of Santa Ana, as illustrated on the Project Site Maps 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 Overland Pacifu• & Cufler, Inc. 4-114 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. h1 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 eligikl~;Will also be included.) Overland, Pacific & Cutder, Inc. 4-115 ~l:S~l~''I~~: A~°I'I~I'L~C:~M1T~fl~r"[' ~'~Al~+? f~~~,kgr~~nn~l 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 funy~a for the proposed Project. Consequently, the entire Project, including its initial and sptzsQguent phases, is subject to HUD regulations governing relocation and minimization o~ displacement. These regulations are found in Section 104(d) of the Housing and Commttulty Development Act of 1974, (the Act) as amended [42 United States Code, Section 53(14(~~}~„and implemert~ng 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 displa~erpents. Thus, displacement of residential occupants is avoided to the extent possible, _ The Developer will replace all occupied and vacant occupiable lower income housing demolished or converted to'.a use other Stan lour income housing in connection with funds provided u~~~r the HOME loan program. All re~lat;ement housing whl be provl~lld within four years after the commencement of the demolition of conversion. s Before,,entering info a contract committing the Developer to provide funds Tctr a prof ect that will directly result in demolition or conversion, the Developer will make public by publicatidn in a newspaper of general circulation and submit to HUD the following information in writing: 1. A descttiption 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 the 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, Pae fe & Cutler, Inc. 4 -116 6. The basis for concluding that the replacement housing will. remain lower income housing fox 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 trae7cing the replacement of lower income housing and ensuring that it is provided within the ~'~guired p~rzod. Overland, Pacific & Cutler, Inc. ("OPC") is respa~tsible for processing: claims to provide relocation payments and for providing other relorr~ation assistance to any lower income person displaced by the demolition of any housing or`the.cpnversiotl,,of lower income housing to another use. Consistent with the goals and objecfives 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 197q, as amended, the Developer will provide relocation assistance to displaced occupants as described' in this Relocation Plan. Overland, Pact~c & Cutler, Inc. 4-117 This Relocation Plan has been prepared in accordance with the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 197D, as amended, (Uniform Act). In addition, because the project has utilized HOME funds administered by the U. S. Department of Housing and Urban Development (HUD), permanent relocation benefits may exceed the amount calculated under the Uniform Act, and instead, be calculated as dictated by Section 104(d) of the Housing and Community Develgptnent Act of 1974, (the Act) as amended (42 United States Code, Section 5304(d)]. development goals for the Project, it is the Developer's it equitable relocation program for all eligible Project displace] will take place prior to the required reviews and approval o~'th ~'s. ~r1B:1'll(}I3f11.{)CIS X11 To obtain information necessary for the conducted with the Project occupants by Developer staff the interviews, there were 10 occupied:]Yazaant households; in interviewing all ten households. Inquiries made of the residential occupants"'inc occupants, rental and incotrae information, Ier~I first spoken in the home, disabilities/health pr housing and locatiorr. A11 infortn~tion of a st validated by docurfientary evidence required to At the time for all te>l will be pet on tkie vvr tenants, an this Plan v displaced. ~3. EIb:1D SUIT f~~,to attain its overall to provide a fair and displacement activities personal interviews were tber 2008. At the time of Developer was successful and composition, ages of ancy, ethnicity, language es related to replacement nature supplied by the occupants was with relocation qualifying criteria. income documentation from the Developer level is a determining factor as far as whether a household rily displaced. OPC made assumptions and based our results eceiveil` from the Developer and the verbal responses of the -e made as of the date of this Plan. Again, the remainder of the data and needs of the two households to be permanently lI 4 Y" ~ -.~.°s`sL~wi's'~l'.1~:"w'F' t:)E? ~k.If`1)4 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. Overland, Pac fc & Cutler, Inc. 4 -118 TABLE is PRO JICT,FiOVS EHOLDS' G I~ARACTER ISTICS In€ame CompQSiti4u Current Current Bedr©nms Elderly/ Language; Category' Adults/Children : Rent Bedrooms Needed Rhysically . „iAgespfChiIdren~ ,' Disabled L (2)(2) $850hno. 1 2 No Spanish EL (1) (0) $850/mo. Section 8 1 1 Yes Spanish Demographics for the Project area in general are provided in Attachment 2. £~~. PlBt).Ilst.:'193t;,'C;i;"Pi:°~'t.:tt' For purposes of determining whether overerowditg conditigns exist, an occuFpancy standard of two persons per sleeping room plus one persoxi in a non-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. :i 1~. 121uPLAC:'l+ 11li"NT llC9l,"`sl_~t> One of the primary p comparable, affordif ~~~. residential occupants. bedroom non-Section 8 A comparable, decent, safe ad site~~asedon the results units are available to meet Table 2 below'utlines the corresponding rents:.. o£ a Relocation Plan is fo demonstrate the availability of it, safe and sanitary housing prior to the displacement of der to adequately telocate the Project households, one two- d orkg one-bedroorxt Section 8 unit will be required. luring the third week in November 2008 to identify available anitary unfits available for rent in close proximity to the Project that sprvey, it appears that comparable replacement dwelling needs of the households, who will be permanently displaced. ource study and shows the number of available units and their 'F'ABLE ~: Availability and Cost of Replacement Rental Housing ' Bedroom Size One (Se€Non 8) Two # ~oand (# needed) 10 (1) 22 (1) Rent Range;. Voucher $950-$1,300 Market MedianRenC ? N/A $1,200 Overland, Pacific & Cutler, Inc. 4 -119 A".,x A. R3.~~N S~~V L. d1Fe.C`.!. Y~ A A&.A.~J1Al R:.I Y'~&tt;'A.fi: #3I.~'3i~3 %BC P~.::4'lI`:.:l~.A. Based on the needs of the Project, there are no concurrent displacements, which may impact the ability to relocate the displaced households. t'. i"II(I(y33;+~^t'1.~~vSLJId~'Sf1S,1"~1A4s11'h:'hI3:~1~13s Adequate funds are available to relocate each affected householt~€utIZelocation assistance services will be provided to ensure that displacement does not result iri"'different or separate treatment of households based on race, nationality, color,.. ~blgon, national origin, sex, marital status, familial status, disability or any other bads protec#ed by the federal Fair Housing Amendments Act, the Americans with Disabilities Act, Title UI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 196$, the California Fait 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 advane~ written notice and unless "compazable" replacement housing can be made available. Generally, a comparable replacement dwelling must satisfy the I'Qllowing criteria: (a) The unit is decent, safe and sanitary - eleetrtettl"plumbing and heating systems in good repair - na major,. o~aseryable hazards or defects. The unit adequate in size and is comparalx, to the', acgiired dwelling with respect to number of Y~oms,.habitable living space arld type and quality of construction, but not lesser in moms or living space as necessary to accommodate the displ'a'ced person. 'The unit is functionally equivalent, including principle features. (b) ~ The unit. is located in an area not subjected to unreasonable adverse environmental conditions from either natural, or man-made sources, and not ,. generally less desirably tivith 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 mailable 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 104(d) of the Housing and Community Development Act of 1974, (the Act) as amended [42 United States Code, Section 5304(d)]. Overland, Pacific & Cutler, Inc. 4 -120 C.P~ Ii..ii.'A..rYJl.~f4RA5.fi~'~1'~..13A.}$:4.41 ~4. A'.: R~.46.i..fi;}d~lA'1'S. OPC staff is available to assist the displaced households with questions about relocation and/or 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 con~p~ng the Developer's relocation program, including the Informational'' Stafernents 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 displacee eligible for assistance,'ins~l`uding any special needs of the elderly and disabled, , 4. Provide an adequate number of referrals'; to .comparable, decent, safe and sanitary housing units, nehrdipg special facilities needed fox the elderly or disabled; 5. Provide assistance that does not result in diffet~nt or separate treatment due to race, coloS,-`1r~~lgion, national origin, sexy marital status or other azbitrary __- 6. Supply information concerning , federal and state programs and other .governmental programs plr~d3tY assistance to displaced persons; Assist each eligible residential occupant to complete applications for benefits. natiations and payments in accordance with federal and the relocation guidelines; 9. Establish and maintain a formal grievance procedure for use by displaced persons,;;, eeking administrative review of the Developer's decisions with respect to relocation assistance. 1I. PI~~Ii"6E~~~1 ~"1' 12k~:1.4D~C"~4`i'If}'r !'rt~::"all"l~'i"6 C14'i'1:L;()1tIE'ti It is anticipated that two residential tenant households displaced by the Project may be eligible for permanent relocation benefits. Eligible tenant occupants will 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, Pae fe & Cutler, Inc. 4 -121 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: I) Commercial Move - a move performed by a professiitalal mover. Displaced occupants may elect to have a licensed, professiopal movdr perform the move; if so, the Developer will pay for the actual cost. ifte move up to 50 miles and all reasonable charges for packing, uu)aacking, insurance, and utility connection charges. The payment will,be made directly, to the mover or as reimbursement to the displaced ljbuseho"ld with proper supporting documentation. Utility reconnections include gas, water; electricity, and telephone. •,. <- 2) Self Move -Displaced occupants may_ perform aself-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'deterrnined according to the most rec~rt 1{fixed Residentjdl'' 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. 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 frdn the displacement dwelling. Based upon the available data regarding Project displacees, the displaced household may qualify for, and may be 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 for eligible occupants whose income level does not exceed 80% 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, P¢cifac & Cutler, Inc. 4 -122 period and limited to a maximum of $5,250 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: TALE 3. Esa-ntple Computatiizn of UI2A Rental Assistance Payments L Old Rent $650 Old Rent and Unities or - 2. Ability to Pay $700 30% of the Gross Household Income (far Low Income Households) 3. Lesser of lines 1 or 2 $650 Base Monthly Rental ~ Subtracted EYom: 4. Actual New Rent $750 Actual New Rent and Utilities ~. .. or 5. Comparable Rent $"FI;$,. Determined by Devetgper (includes utilities) 6. Lesser of lines 4 or 5 $750 7. Yields Monthly Need: $100 Suiitracftine 3 from hne,fj Rental Assisfance . $4,200 Mulfiply line 7 by 42` months Rental Assistance g monthly rent and the or average monthly cost of utilities for a comparable (ii) 7 safe, The base monthly are equal `to 42 times the difference between the base estimated average monthly cost of utilities for the decent, ent dwelling actually occupied by the displaced person. 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 or households, which paid little or no rent, fair market rent will be used as a substitute for actual rent; or Overland, Pac fc & Cutler, Inc. 4 -123 (ii) Thirty percent (3D%) of the displaced person's average, monthly gross household income if the amount is classified as "low income" by the U. S. Department of Housing and Urban Development's (HUD) Annual Survey of Income Limits for the Public Housing and Section 8 Programs. HUD's Survey is shown as Attachment 5. If a displaces refuses to provide appropriate evidence of income or 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 for shelter and utilities Table 4 provides an example of how a 104(d) rental`•' assistance eligibility amount is determined: TABLE 4: Example Ctimpptation of It14(d) Rental Assistance Payments L Adjusted Gross Income $700 30% of Hogsghold s Mohthly Adjusted Gross Income* -or- 2. Gross Income $400 IO% of Gross Mortlily HoWSehold Income 3. Greater of lines 1 and 2 $700 Total Tenant Payment Subtracted fr°m the lesser. of '. 4. Actual New Rent $795 Actual New Rent (includes utilities) u, _°r ::. 5. Comparable Rent ~ , '. $815 :8~iby Developer (includes utilities) 'k~. : s~~~ 6. L"'esser of fines $.and 5 $795 7. Monthly Need Atripunt $95 Subtract line 3 from line 6 F.eq~gl Assistance .;: $5,700 Multiply tine 7 (Monthly Need) by 60 months *Ad7ustodgross income'means the total annual income of an individual household less the tollowing: (1) a deduction of $480 for each dependent; (2) a deduction of $400 for an elderly household; (3) a deduction foe recuremg'txtraordinary medical expenses; defined for this purpose to mean medical expenses in excess d~'3% of total 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 Resort Housine 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, Pack & Cutler, Inc. 4-124 including the income levels of the tenants, low Project 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 for the displacement dwellings are significantly lower than the comparable replacement dwellings. Residential tenants, who are otherwise eligible to described above, may choose to receive a lump sum of rental subsidy (including Last Resort Housin Displacees who qualify for the 60-month calculalie assistance entitlement to down payment assisYs'ti~i'ce housing-type replacement home. If a convent assistanee/down payment assistance payment is con URA. eive the Recital Assistance Payment yment equal to forty-two (42) months tencfits) to purchase a new home. and who want to convert their rental xst pulrchase a cooperative"or mutual al home;,, is purchased; the rental fed to a 42-month calculation per the 1. i~E~,~blt't)li,~124' Rl++°L(~C'.~"C"l:t)lti The Developer's Tetnpoiy Relocation Program is designed to minimize hardship, be responsive to unique,project circumstances, emphasize maintaining personal contact with all affected individuals;'eonsistently apply all re~ulaZory criteria to formulate eligibility and benefit determinations and conform to all applicable requirements. The relocafibn program consists.. of two principal constituents: advisory assistance and Individuals who will need fo'move from existing homes temporarily will receive advisory assistance. Advisory assistance services are intended to inform displacees about the rehabilitation process anal 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: 1. Distribute appropriate written information concerning the Developer's relocation program; Overland, Pacific & Cutler, Inc. 4 -125 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 will be payment for moving and related expenses. Each one-bedroom h payment of $625 for the move into a temporary unit on-site as= into a rehabilitated unit. The tenants will only be responsible i which they are residing during any phase of the project. iltilil included in the fixed moving payment. There is no anticipated need for rental assislaiiQ housed on the Project site during the temporary m rates for their temporary units as they are paying in Relocation benefit F supporting document eighteen (18) months preparing and filingl Attachment 6. Relocatou ~l"aff will! of decerit~ safe, and household will be e chooses to~iYpve to a sanitary housing., 1~:. le to receive a fixed 1'a will receive a fixed i25 for the move back utilities in the unit in tone transfer fees are because the tenatits will be They will pay the same rental units. its will be made:.. exditiously_b'~ the Developer. Claims and r relocation benefits must 1?e filed with the Developer within the date the claimant,moves from the Project site. Procedures for ims and processing and;,delivering of payments are attached as t aqy replacement units to verify that they meet all the standards ryas t~efined, in Section 24.2 (a) (8) of the Uniform Act. No .,~- to a rental" assistance or replacement housing payment, if it ement unit which does not meet the standards of decent, safe, and 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, Pacific & Cutler, Inc. 4 -126 (a) Failure to pay rent, except 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 ~~of Notice; (d) Maintenance of a nuisance, and failure'to abate such nuisance upon notification within a reasonable time:followirie Notice: (e) Refusal to accept one of a reas~nabl'e;number of offers of replacement dwellings; and/or, (f) A requirement under State, or 1oga1 law or emergency;:c'ircumstances that cannot be prevented by reasonable efforts on the part of the Developer. The appeals policy will ~d~#jw t Briefly stated, the displaced hou complaint regarding any_of its determination as to eligibility, th replacement housing referral. Tl reasonable tine limit for the fili review of the appeal by a senior long ~d~ the reviewer was not 'S!I:. standards described inesection 24.10 of the Uniform Act. hold will have the right to ask for review when there is a ghts to relocatiop and relocation assistance, such as a unount of payment, or the failure to provide a comparable Developer an appeal's procedure in place, including a of an appeal, a prompt written response to any appeal and leveloper staff member or his/her authorized designee, as eCC~y}involved in the action appealed. Specific details ;.,:furnished upon request. As the process for ctinsidering the Project moves forward, the Developer will observe the following protocol: ' 1. 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; Overland, Pack & Cutler, Inc. 4 -127 3. Provide technical assistance necessazy 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; 5. Include written or oral comments concerning the Plan and the Developer's response as an attachment when it is forwarded to the appropriate governmental body for approval. ~y. 6 1141 t(:.i~ & "1`it 3ti '~ ] .~`i iJ Federal legislation (PL105-I 17) prohibits the paymenft"sf relocation assistance benefits under the Uniform Act to any alien not lawfully present in the United States. unless such ineligibility would result in an exceptional attd` extremely`ttnusual hardship'' fo=-~he alien's spouse, parent, or child any of whom is a citizen.or ar alien admitted foi 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 tfie Developer to negatively affect the alien's spouse, parent or child. The Developer will authq~ize the payment ~~ relocation assistance benefits to alien residents from non-federally authorized reimbursable funds. In order to track and accari~it for_relocation assistance and benefit payments, relocation staff will be required to s~pek immigration status information from each displacee 18 years and alder by having therri"self.-.certify as to their legal status. If 104(d) rules apply to a'household, based 4i the procurement of HOME funds for the proposed $rr~ject legal .,presence ,in the United States is not required in order to receive r;}„ All displaced occupants mil receive a 90-day notice to vacate before they are required to move. The earliest these f=fiotiees are expected to be issued is May 2009. P. I ~,ll'll"rt..l4"1'la:,I3,tt1±:I,f3C',~,'1'lkt`ro t"C3~a'I'~i The estimate of total relocation payments for two permanently displaced households and eight temporary relocations, including a 10% contingency, is $32,000. This estimated relocation budget does not include relocation administrative services or provision for any other services necessary for the implementation of the Plan and Project. Overland, Pacifcc & Culler, Inc. 4-128 Attachment 1: Project Site Maps Attachment 2: Demographics of the Project Area Attachment 3: Residential Informational Brochures -Uniform Act and 10~4(d) Attachment 4: Fixed Moving Payment Schedule Attachment 5: IIi.JD Income Limits -Orange Attachment 6: Relocation Payment Policy Relocation Claims for Payment of Overland, Pack & Cutler, Inc. 4 -129 Overland, Paces & Cutler, Inc. 4-130 Figure 1: Regional Project Setting F~T'I'~C'I[~~;~T 2: @~F;i~1~;~':.A~'ir~i:C'~i C)~°"E'II1~; I"I24)JL;~"I' AI~'(~~ri According to the 2000 U.S. Census, the population of the City of Santa Ana is 337,977 and the population of the impacted Census Tract 748.06/Block 1006 is 1,641 (see Table I). Corresponding Census data concerning the housing mix is shown in Table 2. TABLE l: 2000 Census Po ulation - Ci of Santa Ana & Im acted Tract Population Tract 748.06 1006 % City Total Po ulation 1,641 100.0°10 337,977 100.0% White 430 2~.2% 144,425 42.7% Black or African American 21 `(.3% ;..5,749 1.7% American Indian or Alaska Native 14 Q.97% 4;013 1.2% Asian 16 1.0% 29,77$ 8.8% Native Hawaiian or Other Pacific Islander 0;.. 0.0°l0 1,160, 0.3% Some Other Race 1,075 45.5% 137,360 40.6% Two or More Races 85 rr5.2% 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. Raoe, Hsspatuc or Latino, and4ge: 2000 TABLE 2: 2000 Census `4ttsin Units - Ci ' 'bf Santa Ana & Im acted Tract T}~re " Tract 748.06 `i 006. % City % Total Occu ied Units 264 100% 73,002 97.9% Owner-Occu ied; '"' 2 0.8% 36,005 49.3% Renter-Ocen ied' ~~ 262 99.2% 36,997 50.7% Vacant Housing Units r 0 0.0% 1,586 2.1% Avai2'itlile for Sale Only (of~'otal Vacant Units 0 0.0% 292 18.4% Available for Rent -Full Time Occu anc of Total Vacant Units 0 0.0% 700 44.1 Sold or Rented - Nat.4cct3 `ied 0 0.0% 109 6.9% Otherwise Not Available (e.g. seasonal, recreational, mi rato ' ,occasional use 0 0.0% 102 6.4% Other Vacant 0 0.0% 383 24.1% Source: U.S. Census Bureau, QT-HI. General Housing Characteristics: 2000 4-131 ~itiFf~~[1~"I'ICDiti~'~~.'~',_#.'~";E:~'"["~-LIf'~r~& f04{fly) C&C Development Co.,an Orange Housing Development Ca Raitt Apartments Inc. CA 9261$' (800) 901-5263 2. Assistance In Locating A Replacement Dwelling 4. Replacement Housing Payment -Tenants And Certain Others 5. Section 8 Tenants 6. Replacement Housing Payment -Homeowners 7. QUatificaton For And Filing Of Relocation Claims 8. Last Resort Housing Assistance 9. Renal Agreement 10. Evictions 11. Appeal Procedures -Grievance 12. Tax Status of Relocation Benefits 13. Legal Presence Requirement 14. Non-Discrimination and Fair Housing 15. Additional Information And Assistance Available 4 -132 1. GENERAL INFORMATION The dwelling in which you now live is in a project area to be improved by, or fmanced through, the Displacing Agency using federal funds. If and when the project proceeds, and it is necessary for you to move from your dwelling, you may be eligible for certain benefits. You will be notified in a timely manner as to the date by which you must move. Please~read this information, as it will be helpful to you in determining your eligibility and the amount of the relocation benefits you may receive under the federal law. You will need to prcavide adequate and timely information to determine your relocation benefits. The inforiation is voluntary, but if you don't provide it, you may not receive the benefits or it may taJ~e longer to pay you. We suggest you ;. save this informational statement for reference. The Displacing Agency has retained the professi`drial firm of O (OPC) to provide relocation assistance to you, The firm is ava benefits. Their address and telephone number is listed on the c4v PLEASE DO NOT MOVE PREMATURELY. THIS IS N YOUR DWELLING. However, if you desire ti tttnve sooner your representative with Overland, Pacific & Cutler, Ine., so,you This is a general informational brochure only, and. is not inte~tdes either the law or reeulahons?~aertahtine to the Di nlacine Aeetcv Please continue taF.ji`ay yoar rent ~o your and jeopardize the relocation benefits to Displacing Agency acquires the proper: nd, Pacific `$c Cutler, Inc. to explain tka program and C,A NOTICE TO VACATE tan 'r'equired, you must contact ill not jeopardize any benefits. o give a detailed description of relocation assistance program. otherwise you may be evicted you may be entitled to receive. Once the will also be required to pay rent to the 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 isirch housing yourself. When a suitable replacement dwelling unit has been found, your relU~ation 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 4 -133 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 Ex eo nses based on at least two written estimates and receipted bills; or • A combination of both (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 professionq . over to transport your ~. grand piano and /or other items that require special handling. In thts case, there may be an adjustment in the number of rooms which qualify under the hired Residential Moving Cost Schedule. A. Fixed Moving Payment (Self Move) ~ ~ "" FiXe1d Movtrl~ Scftedatg A Fixed Moving Payment is based upon the - i '~A~,f f:.S)ttfJ~ ff$Ct~Y$ ,~0;0$j,' number of rooms you occupy and whether!ornot Occupant owns'fiurniture: you own your own furniture. The payment'is 1='room $625 based upon a schedule approved by the 2 rooms $800 Displacing Agency, and ranges, for example, 3 rooms $1,OD0 from $400.00 for one furnished...... room to 4-rooms $1,175 $2,150.00 for eight rooms in an unfurnished 5ropms~ $1,425 dwelling. (For details see the ta(tle). Your. 6 rooms $1,650 relocation representative will inform you o„f the 7,arooms $1,900 amount you are el(gj~(lle to receive, if you ~fioose '8 rooms $2,150 this type of payxndrit. Each additional room $225 Occupant does NOT own furniture: If you select a fnced payment, you wtll,;r~ie 1 room $400 responsible for arranging for your own,,move, Each additional room $65 and th~wDsplacing Agency will assume no liability for any loss or damage of your personal property. A fixed payment also includes util ity hook-up, credit check and other related moving fees. •- B. Actual lY[oving Expense (Commercial Move) If you "wEsh to engage the services of a licensed commercial mover and have the Displacing Agency pay the bill, you may claim th e 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 for 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. 4 -134 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 (30%) 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 wishl_to purchase a home as a replacement dwelling, you can apply up to the total ainount:~f your rental assistance payment towards the down-payment and non-reCttrring irfcideptal expenses. Your relocation representative will clarify procedures necessary to apply foY,this payment. 5. SECTION 8 TENANTS When you do move, you maybe eligible to transfer yoµr Sectiion''8 eligibility ter`a replacement site. hi such cases, a comparable replacement dwelling will be determined based on your family composition at the time of displacement and the current housipg program criteria. This may not be the size of the unit you currently bccupy. Your reloeatioa representative will provide counseling and other advisory services along with itrouing benefits. A. If you own and occupy a days prior to the ixtitiation $22,500.00 to assist you inl to cover the followine items dwelling to be purchased by the Displacing Agency for at least 180 of negofration, you may be eligible to receive a payment of up to Furchasing,a comparable replacement unit. This payment is intended 1. " Purchase Price Differential - An amount which, when added to the amount for which the Displacing <A.gii`ncy purchased your property, equals the lesser of the actual cost i~f your replacement dwelling; or the amount determined by the ~?isplacing Agency as necessary to purchase a comparable replacement dwelling. Y~t}r relocatiun`representative will explain both methods to you. 2. Murigage Interest Differential -The amount which covers the increased interest costs, _if airy, required to fmance a replacement dwelling. Your relocation representative will explain limiting conditions. 3. Incide7ital 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 4-135 rent of the dwelling you occupy and the rent you must pay for a compazable replacement dwelling. If 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 followrng,, , • For a tenant, the date you move from the displacement dwelling,., • For anowner-occupant, the latter of: a. The date you receive final payment fop"the displacement dwellin~;,pr, in the case of condemnation, the date tie fitly amount of estimated just eomp~hsation 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 filed with the Displacing 1~g~frcy within eighteen (18) months from the date on which you receive final payment for your property, or the date, on which you move, whichever is later. 8. LAST RESORT HO~~INGi ASSISTANCE _~€~. If comparable replacerttenE dwellit>gs are not avatl~i5fe when you are required to move, or if replacement housing is not auailahle.wthin the monetary limits described above, the Displacing Agency wtll ~r~';vide Last Resort Housing assistance to enable you to rent or purchase a replacement"dwelling on a timely .basis. Last Resort Housing assistance is based on the individrial circumstances ofthe displacedperson. Your relocation representative will explain the proeess'for determining whether or not you qualify for Last Resort assistance. If you axe a tenant, and you choose to purchase rather than rent a comparable replacement dwelling, the entire amount pf`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 become 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 axe to be paid and other pertinent information. 10. EVICTIONS 4 -136 Eviction fox 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 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 eviction set forth above, no person lawfully p.c„cupying property to be purchased by the Displacing Agency will be required to move withouFhavirig 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 payixleg?„ or the amount of a payment, may have the claim reviewed or redonsidered in accordance with; the. Displacing Agency's appeals procedure. Complete details on appeal. procecl'Lt~es are availab}~ upon request from the Displacing Agency. California Government Code Section 7269 indicates mo relocation payment received shall be considered as income for the purposes of the Personal Income Td"x Law, Part 10 (commencing with Section 170 01) of„Division 2 of the Revenue and 'ration Code, or the Bank and Corporation Tax law, Par€"1'`t (commencing with Section 23.001) of Division 2 of the Revenue and Taxation Code.,,l~urthermore, federal regulations (49 CFR Part 24, Section 24.209) also indicate that no paytiient 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 Intemal Revenue Code of :1986. The'pr~ceding statemertfis not tendered as legal advice in regard to tax consequences, and disglacees should consult with their own tax advisor or legal counsel to determirte`the curent statu'saf such-vavanents. (IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you thq~ uny tax advice contained in this communication (including any attachments) was not intended or wrlt[en to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the fnternczj'Revenue Code or (ii) promoting marketing or recommending to another party any matters kddressed herein) 73. LAWFUL PRESENCE REQUIREMENT 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 4 -137 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 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 applic~Jj~e siE~te 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.:... Those responsible for providing you with relocatitlh possible to minimize the hardships involved in reTocai be helpful and greatly appreciated. If you have any please do not hesitate to contact your relocation repres hope to assist yeu in~very way ^.wlhome. Your cooperation will at"any time during the process, Overland, Pacific & Cutler. 4 -138 Displacina Agency: C&C Development Agency Orange Development Cort Raitt Apa n Inc. CA 92698 (800)909-5263 1. 2. 3. 6. 7. 8. 9. 10 11 12 13 nce In Locating A Replacement Dwelling ement Housing Payment t Housing Choice Voucher Tenants ration For And Filing Of Relocation Claims Agreement Appeal Procedures -Grievance Tax Status of Relocation Benefits Lawful Presence Requirement Non-Discrimination and Fair Housing Additional Information And Assistance Available 4 -139 jI'"ECIC3I`a:i~ -:'*f;'C'tlC3Y! iC~~r~.Fi 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 fox 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 (OPC) to provide relocation assistance to you. The firm is i{) benefits. Their address and telephone number is listed on L1,;c PLEASE DO NOT MOVE PREMATURELY. ,THIS IS YOUR DWELLING. However, if you desire tii""move soon your representative with Overland, Pacific & Cutler, Inc.,~o This is a general informational brochure only, and is not intep either the law or regulations pertaining tp the Displacing Age Pacific & Cutler, Inc. xplain the program and A NOTICE TO,~VACATE r required, yhu must contact I not jeopardize any benefits. to give a detailed description of relocation assistance program. Please continue to pay your rent to your carre3tk landlord, otherwise you may be evicted and ,jeopardize the relocation benefits to which yoq mqy be enEitled to receive. Once the Displacing Agency acquires the property, ,you will also.. b~"`"required to pay rent to the Displacing Agency. This brochure descy~bos the relocation payments and gther relocation assistance provided under section 104(d) of the Hopsug and Community Development Act of 1974 (section 104(d)) to eligible persons ~jsplaced from their'htz(it~s. Pelsbns eligible for assistance have the option of declining the. section 104(d) assistance and receiving assistance under the Uniform Relocation Assistance and Rea13?!fopgrty ACgttisition Policies Act of 1970 (URA), if they decide that it is in their`>'best interest. To be eligible. for relocation assistance under section 104(d), you must be alower-income person (family oS' individual) and must move as a direct result of the "conversion" or demolition of your dwelling unit for ~;-project in which Federal Community Development Block Grant (CDBG), Section 108 Loan,'~uarantee, or HOME Investment Partnerships funds are used. "Lower-income" meari`s that your income does not exceed 80% 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 nonresidential use. HUD determines the FMRs for use in its programs. The levels vary by metropolitan area and by the size of the unit. 4 -140 The Displacing Agency will determine whether you qualify as alower-income person and if your home will be demolished or "converted." If you do not qualify for section 104(d) assistance, you maybe eligible for relocation assistance under the URA. 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 requirenents. 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<,py`t#e Displacing Agency, you willereceive 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 oil the number of rooms,yop occupy (see below); or • A payment for your Actual Reasonable Moving and Related Expenses based on at least two written estimates and recgipted bills; ur • A combination Qf bath (in some cases); and • Other Movm>±?Exnenses depending on program requirements For example, you xhay choose a Se(f Move, receivin~wd payment based on the Fixed Residential Moving Cost Schedule shown below, plus contract'with a professional mover to transport your grand piano and.Jor other items that require special handling. In this case, there may be an adjustment in the number of roams which qualify under the Fixed Residential Moving Cost A. "Fixed Moving Payment (Self lYIove) A Fred Moving Payment is based upon the number of rooms you. occupy and whether or not you oyrf~ your own`firrniture. The payment is based upon. a achedule approved by the Displacing Agency, and ranges, for example, from $400.00€"for one furnished room to $2,150.00 for eight rooms in an unfurnished dwelling. (For details see the table). Your relocation representative will inform you of the 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, and the Displacing Agency will assume no liability for any loss or damage of your personal property. k'~,xe8'rtvxng~ebedttle , ' '= l~il~:fl iltec?Ex~;.~~?R~ ";: Occupant Owns Furniture: 1 room $625 2 rooms $800 3 rooms $1,000 4rooms $1,175 5 rooms $1,425 brooms $1,650 7rooms $1,900 Srooms $2,150 Each additional room $225 Occupant Does NOT Own Furniture: 1 room $400 Each additional room $65 4 -141 A fixed payment also includes utility hook-up and other related moving fees. C. Actual Moving Expense (Commercial Move) If you wish to engage the services of a licensed commercial mover and have the Displacing Agency pay the bill, you may claim the ACTUAL cost of moving your personal property up to 50 miles. Your relocation representative will inform you of the number of competitive moving bids (if any) which may be required, and assist you in developing a "mover" scope of services for Displacing Agency approval. C. Other Moving Expenses Under the Section 104(d) program, payment of a replacement dwelling and any credit check required unit are eligible expenses. Also, interim living costs planned relocation program are eligible. 4. REPLACEMENT HOUSING PAYMENT You may be eligible for a payment to assist in renting f dwelling. If so, you may choose assistance under secfic lower-income tenants, the amount of ass(~tance provided y deposit required to rent a d pr purchase a replacement n required as a result of the stg a comparable replacement or under the URA. For most 104(d) is greater. A. Section 104(d) Rental If you are eligible, you will reaeiva assi~~ months. The Ageta~~r ittay offer you the Voucher (HCV) T''rogram. The Agency e based, an estimated needs for a period of 60 Distance in cash or under the Housing Choice tell you which option it is providing to you. • Cash Rental . subtracting the laded" for rental assistance is computed by dations from the rent and estimated average a comparable replacement home, if that cost 1. 30 percent of the household's monthly adjusted income, 2. ] 0 percent of the househo$~d's monthly gross income, or 3. The welfare rent allowance (where designated). That monthly rzeed~`f any, is multiplied by 60, to determine the total amount that you will receive. This amount will be paid directly tc 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. • Rousing 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 4-142 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 for 60 months. B. 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 will 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. URA Rental Assistance ................. URA rental assistance is computed by subtracting thy' "base.. monthly rent" for your present home from the rent and average monthly costgl'utilities for your new home (or a comparable replacement home, if that cost is Iopr). -; That monthly need, if any, is ~. multiplied by 42, to determine the total amounhthat ybu will receive; This amount will be paid directly to you in monthly installments or other periodic paymehts :.Generally, the base monthly rent for your present htime is the lesser of: (1) the montfi7y rent and average monthly cost for utilities, or (2) thirty (30) pesent of your~'gross monthly household income (if you are low-income based on IIJD income limits). Examples: Let's say that the monthl home are $250; the monthly rent ar replacement home are $350; and yoi "base monthly rent" would be $210 percent of your mcp) is less than home ($250). • If you rent a replacem monthly utility charges' clt'~'ference between tlte" 'for a comparable replac and average ctist focutilities for your present Hated average uti)$fy costs for a comparable hly gross income is $700. In this case, your ~~'e you ae llttiv-income and that amount (30 nthly cost df rent and utilities at your present Mme for $050 per month, including estimated average rill rece~e $5,880. That amount is 42 times $140 (the nonthly rent" for your present home ($210) and the cost home ($350)). • If,you rent a replacemer, charges, you will recei between the "base'mont your new. home ($310)). C. Purchase Assistance Mme for $310, including estimated average monthly utility $4,200. That amount is 42 times $100 (the difference rent" for your present home ($210) and the actual cost of 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. 4 -143 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 b~ $9;2=~ 1. Remember, your net monthly contribution is $180, and the monthly rent,,yahd„estimated average monthly cost of utilities for a comparable replacement home totaL$~350. ,.,The monthly difference is $170. The present value of 60 monthly payments ~' $170, discgnnted 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. URA assistance to make a down payment is equal t4 the amount you would receive if you had rented a comparable replacetlaent home (42 times the amount obtained by subtracting the "base monthly rent" for your present home from the... monthly rent and estimated average monthly cost of utilities for a corzt~arable replacem~rt~='liome). Remember, URA assistance is not limited to mutual hotisine or cadneratives...:. ` Example: Assun~tkg the information jrt-the prior >7RA examples, the assistance for a down payment would be $5;880. That amount is 42 times $140 (the difference between the "base mpri[hly rent" for your present home. ($210) and the monthly rent and estimated average monthly utility casts for a compafa~le replacement home ($350)). The full amount of the paymestt must be ached ta;;the purchase of your new home. If you are, currently using a,Housing Choice Voucher (HCV), when you do move, you maybe eligible to transfer your HCU 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 (LJRA or Section 104(d)). 6. 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: 4-144 For a tenant, the date you move from the displacement dwelling. For anowner-occupant, the latter of: a. The date you receive fmal 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 b. 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 (18) months from the date on which you receive final payment for your,jr~perty, or the date, on which you move, whichever is later. 7. RENTAL AGREEMENT As a result of the Displacing Agency's action to become a tenant of the Displacing Agency. If agreement which will specify the monthly rent t they are to be paid and other pertinent informatio'i 8. EVICTIONS Eviction for cause must conform to applicably real property and is not in unlawful occur presumed to be entitled to re~pcation benefits, • The person recea result, was latex e • The person ts'evj of material terms • The eviction, w. causes of at least 90 ,~i#heapi'operty where you live, you may curs, you will be asked,to sign a rental rid, when rent payments.. ~re,Gltre, where local law. Any person who occupies the ie date of initiation of negotiations, is Displ~~irig Agency determines that: to the initiation of negotiations and, as a initiation for serious or repeated violation purpose of evading relocation assistance th above, no person lawfully occupying property to be be required to move without having been provided with the Displacing Agency. Any person aggrievedby 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 Code Section 7269 indicates no relocation payment received shall be considered as income for the purposes of the Personal Income Tax Law, Part 10 (commencing with Section 170 Ol) of Division 2 of the Revenue and Taxation Code, or the Bank and 4 -145 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 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 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 (includin~,any attachments) was not intended or written to be used, and cannot be used, for the purpose of fI~ avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting marketing or recommending to another party any matters addressed herein) 11. LAWFUL PRESENCE REQUIREMENT In order to be eligible to receive relocation benefits i'feder URA, all members of the household to be disple~I rpust lawful presence in the United States. Any member of the h. in the United States or declines to provide this informatiA7 unless such ineligibility would result in,an exceptional an alien's spouse, parent, or child, any of'~uhom is a citizen residence. Exceptional and extremely unusual hardship is de adverse impact on the health or safety, continued existent impact determined by the Displacing Agency,to negative[, child. Relocation benefits ~h" Il be prorated to re'i+Iect the r certified lawful No is not -funded under their ;ehold, who is not l~wfirlly present nay be denied relocation benefits, :xtremely unusual hardship to the an alien admitted for permanent ed as si~iiificant and demonstrable of the family unit, and any other ffEet the alien's spouse, parent or nber of household members with ;ct to this requirement.) 1 oat the groupds of race; color, national origin or sex, be excluded from be denied the benefits of, or be subjected to discrimination under the Displacing Zion assistance progt'ain,pursuant to Title VI of the Civil Rights Act of 1964, Title'° VIiI of the Civrl Rights Act oT 1968, and other applicable state and federal anti- discriminatian 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. ADDITIONAL INFORMl~'f`ION 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 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. 4-146 te.'~'T ~C !l~3~~~'T 4: Schedule of Filed Moving'Paytients (effeeHve as of 8-22-08) i3nfnrniahe cFDwelling One room $625 Two rooms $800 Three rooms $1,000 Four rooms $1,175 Five rooms $1,425 Six rooms $1,650 Seven rooms $1,900 ` Eight rooms .~;~ '$2,250 . ~, each additional room $225 Furnished Dwelling First Room $900,. Each additional room $65 4-147 [;13~tiC'0~1F~I1~'~I'#'~,-81.i~~~1lC~ ~'CJLJI~"".l'~' The following figures are approved by the U. S. Department of Housing and Urban Development (HUD) for use in the County of Orange to define and determine housing eligibility by income level. Family Size Extremely Low Very Low.... Lower 1 Person 19,550 32,65{7 52,100 2 Person 22,300 37,200 59x500 3 Person 25,100 41,850 ,, 66950 5 Person 30,150 50,200 80,350 6 Person 32,350 53,959 86,300 7 Person w 34,600 57,650 92,250 $ Person ' '~ 36,$5 9 ~_ ~'~ 61,400 98,200 are per the ~epartmefit bf Housing and Urban Development (California), y 19, 2008. , 4-148 .~'i'TAC~:Ii~T~1V'~° fie. 12.~~1.C}~"A't'CC~-~~-yp1~~`dg I?AI't1'~1`^;I~!°I' y'y~pD~.yI~Cg~'rgEt-~:tf~xpr~~py~~:i~.9iTp~gC~•~i'IdgC~)+~luf~ti2~:~ ~iP 6i X. L~. R E~'R.A.'.T i.P4'~ RG..9:i N..~i.9G.., ii. 1..A471.4 4., k.. f-i.A.l~'8.A] Claims and supporfing 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 filing of claims and payments will be as follows: 1. Claimant(s) will provide all necessary assistance. 2. Assistance amounts will be determind"d it Uniform Act or section l04(d) guidelines, as 3. Required claim forms will be prepared by claimant(s). Signed claims ant(; supporti. relocation personnel to the Developer. 4. The Developer will review and information. 5. 6. 7. and delivery of to substantiate eligibility for with the provisions of the el in conjunction with will be submitted by or request additional checks which will be delivered to the Claimants by ices dictate otherwise. after confirmation that the Project area premises have ;.~u~al residency at replacement unit is verified. be "obtained and maintained in the relocation case file. 4 -149 The Developer wll.issu¢ relocation staff, unless,.c THIS PAGE LEFT BLANK INTENTIONALLY 4 -150 REPLACEMENT HOUSING PLAN Statement of Puroose and Obiective TMs Replacement Housing Plan is prepared in accordance with California Health and Safety Code Section 33413 and Section 104(d) of the federal Housing and Cortununity Development Act of 2004. This project consists of the acquisition, rehabilitation, and minor configuration of one apartment building. The reconfiguration will result in the removal of the following multifamily residential units: 702 S. Raitt units 7 and 8. These units are all one bedroom in size, and are occupied by low- and moderate-income households. Therefore they are subject to replacement in accordance with the legal requirements of the California Community Redevelopment Law (Health. and Safety Code Section 33413 et seq.). Replacement units will initially be made available for occupancy at any time during the period one year before the Agency's submission. of the information required raider the plan and ending three years after commencement of reconfiguration. Before entering into a contract committing the Community Redevelopment Agency of the City of Santa Ana to provide funds for the proposed activity that will result in removal of units from the low- and moderate-income housing market the Agency will make public by publication in a newspaper of general circulation the information listed below. Proiect Property Description The affected property is shown on the map attached as Attachment 1. Each property is listed by address with parcel number and number of bedrooms in Attachment 2. Pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33413 et seq.) all occupied and vacant occupiable units will be replaced in kind. Replacement Housine Units Attachment 3 delineates by number of bedrooms the location where the replacement units are or will be located. Income Level of Replacement Units The replacement dwelling units will be affordable and occupied exclusively by tenants with the same income levels as the persons displaced from the dwelling units that are being removed from the low-, very low- and moderate-income housing market. Therefore, all units will be made affordable to low-, very low- and moderate-income households. Funding Sources The Agency and the City of Santa Ana have committed sufficient Tax Increment funds to finance the acquisition and demolition and the required replacement units. Low/Moderate Income Assurance All agreements related to replacement housing units will contain a covenant guaranteeing units remain available at affordable housing cost to, and occupied by, person and families of low-, very low- and ~xhi~i~1 moderate-income for not less than 55 years for rental units and 45 years for homeownership units, as required by the Health and Safety Code Section 33413. Article 34 Compliance The replacement housing to be provided pursuant to this Replacement Housing plan does not require the approval of the voters pursuant to Article 34 of the California Constitution, in that all of the replacement housing units fall within exceptions to the definition of "low-rent housing project" in California Health and Safety Code 37001. Availability of Plan In accordance with the Community Redevelopment Law, a copy of this Replacement Housing Plan will be made available for review and comment by other public agencies and the general public during regular business hours between 8:00 a.m. and 5:00 p.m., Monday through Friday in the offices of the Housing Department, 20 Civic Center Plaza, 3`d Floor, Community Redevelopment Agency, 20 Civic Center Plaza, 6`" Floor, and in the office of the City Clerk, 20 Civic Center Plaza, 8'" Floor, Santa Ana, California. 4Exhij~iX,~ RAYMAR STREET ~ w w w w ~ x ~ y W W F O Z y RICHLAND ST. ~, O r MONTA VISTA AVENUE F w ~ • ~ HIGHLAND ST. Z z WISTERIA PL. O F° Q 702 South Raitt Street Attachment 1 4-153 LIST OF UNITS TO BE REMOVED A.P.N. Address Removal Date Bedrooms Use 109-611-01 702 South Raitt, Unit 7 2009 One Multifamily Dwelling Unit 109-611-01 702 South Raitt, Unit 8 2009 One Multifamily Dwelling Unit A~ac ~ 5n~2 LIST OF PROJECTED REPLACEMENT UNITS Parcel to Replace Address of Replacement Replacement APN Bedrooms Date Available 702 S. Raitt, Unit 7 834 5. Raitt 109-611-12 1 2009 702 S. Raitt, Unit 8 834 S. Raitt 109-611-12 1 2009 Attachment 3 4 -155 THIS PAGE LEFT BLANK INTENTIONALLY 4 -156 1 ZI29J08 les RESOLUTION NO. 2009- A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE RELOCATION PLAN FOR RESIDENTIAL PROPERTY LOCATED AT 703 N. LACY STREET BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1: The Community Redevelopment Agency of the City of Santa Ana ("Agency") hereby finds, determines and declares as follows: A. The Community Redevelopment Agency is assisting Lacy & Raitt, L.P. with the acquisition and rehabilitation of real property located at 703 N. Lacy Street in the City of Santa Ana ("the Property"). B. The Property is comprised of one apartment complex. The building at 703 N. Lacy Street currently has twenty seven (27) units. The building will be rehabilitated, but there will be no reconfiguration of units. Occupancy shall be restricted to households with annual incomes at or below 50 percent of area median income. C. Pursuant to California Government Code section 7260, et seq., a public entity is required to adopt a relocation plan, by resolution, whenever it enters into an agreement for acquisition of real property or an agreement for the disposition and development of property which would lead to displacement of people from their homes. D. The relocation plan has been prepared in conformance with applicable provisions of the California Government Code section 7260, et seq., Relocation Guidelines (California Code of Regulations, Title 25, Chapter 6), the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as well United States Department of Housing and Urban Development regulations. E. The relocation plan is required because of the displacement of four households which will be displaced due to the income restrictions imposed by the Low Income Housing Tax Credit Program. Section 2: In accordance with the California Environmental Quality Act and the National Environmental Policy Act, the proposed project is exempt from further review. Categorical Exemption No. ER 2008-236 will be filed for this project. 4 ' 157 ResolutionNo.2009- 12/29!08 les Section 3: The Agency hereby approves the relocation plan for the residential Property located at the aforementioned address, and the establishment of an account in accordance with state mandates for the payment of relocation benefits to the displaced households. Section 4: This Resolution shall take effect immediately upon its adoption by the Agency, and the Secretary of the Agency shall attest to and certify the vote adopting this Resolution. 4 ' 158 Resolution No. 2009- 12/29/08 les ADOPTED this day of , 2009. Miguel A. Pulido Chair APPROVED AS TO FORM: Joseph W. Fletcher, General Counsel By: Lisa E. Storck Assistant Counsel AYES: Boardmembers: NOES: Boardmembers: ABSTAIN: Boardmembers: NOT PRESENT: Boardmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Recording Secretary for the Community Redevelopment Agency, do hereby attest to and certify the attached Resolution No. 2009- to be the original resolution adopted by the Community Redevelopment Agency of the City of Santa Ana on , 2009. Date: Recording Secretary Community Redevelopment Agency City of Santa Ana 4 ' 159 ResolutionNo.2009- THIS PAGE LEFT BLANK INTENTIONALLY 4 -160 12/29/08 les RESOLUTION NO. 2009- A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE RELOCATION PLAN FOR RESIDENTIAL PROPERTY LOCATED AT 702 S. RAITT STREET BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1: The Community Redevelopment Agency of the City of Santa Ana ("Agency") hereby finds, determines and declares as follows: A. The Community Redevelopment Agency is assisting Lacy & Raitt, L.P. with the acquisition and rehabilitation of real property located at 702 S. Raitt Street in the City of Santa Ana ("the Property"). B. The Property is comprised of an apartment complex. The building at 702 S. Raitt Street currently has ten (10) one-bedroom units. The building will be rehabilitated and reconfigured so that there will be 8 units with a mix of 1, 2, and 3, bedroom sizes, with occupancy restricted to households with annual incomes at or below 50 percent of area median income. C. Pursuant to California Government Code section 7260, et seq., a public entity is required to adopt a relocation plan, by resolution, whenever it enters into an agreement for acquisition of real property or an agreement for the disposition and development of property which would lead to displacement of people from their homes. D. The relocation plan has been prepared in conformance with applicable provisions of the California Government Code section 7260, et seq., Relocation Guidelines (California Code of Regulations, Title 25, Chapter 6), the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as well United States Department of Housing and Urban Development regulations. E. The relocation plan is required because of the displacement of two households due to the reduction in the number of units after the rehabilitation and reconfiguration to larger units. Section 2: In accordance with the California Environmental Quality Act and the National Environmental Policy Act, the proposed project is exempt from further review. Categorical Exemption No. ER 2008-221wi11 be filed for this project. 4 ~ ~ V ~ Resolution No. 2009- 12!29/08 les Section 3: The Community Redevelopment Agency hereby approves the relocation plan for the residential Property located at the aforementioned address, and the establishment of an account in accordance with state mandates for the payment of relocation benefits to the displaced households. Section 4: This Resolution shall take effect immediately upon its adoption by the Community Redevelopment Agency, and the Secretary of the Agency shall attest to and certify the vote adopting this Resolution. 4 ~ 162 ResohrtionNo.2009- 12/29/08 les ADOPTED this day of , 2009. Miguel A. Pulido Chair APPROVED AS TO FORM: Joseph W. Fletcher, General Counsel Bv: Lisa E. Storck Assistant Counsel AYES: Boardmembers: NOES: Boardmembers: ABSTAIN: Boardmembers: NOT PRESENT: Boardmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Recording Secretary for the Community Redevelopment Agency, do hereby attest to and certify the attached Resolution No. 2009- to be the original resolution adopted by the Community Redevelopment Agency of the City of Santa Ana on , 2009. Date: Recording Secretary Community Redevelopment Agency City of Santa Ana 4 -163 x~oiutiion No. zoo9- THIS PAGE LEFT BLANK INTENTIONALLY 4 -164 17119/081es RESOLUTION NO.2009- A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA ADOPTING A REPLACEMENT HOUSING PLAN FOR THE RESIDENTIAL PROPERTY LOCATED AT LOCATED AT 702 S. RAITT STREET BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1: The Board of the Community Redevelopment Agency of the City of Santa Ana hereby finds, determines and declares as follows: A. Community Redevelopment Law ("CRL") allows a redevelopment agency to clear or remove buildings, structures or other improvements from any real property acquired and owned by the Agency (Health and Safety Code section 33420). B. Whenever the Agency destroys or removes dwelling units from the low and moderate income housing markets, the Agency shall adopt, by resolution, a replacement housing plan, which shall specify how and where the Agency shall provide replacement housing units (Health and Safety Code section 33413). C. The Agency is assisting Lacy & Raitt L.P. with the acquisition and rehabilitation of property located at 702 S. Raiff Street (the "Property"). The Property is comprised of one apartment building which currently has ten (10) one-bedroom units. After the rehabilitation and reconfiguration, there will be eight (8) units with a mix of 1, 2, and 3, bedroom sizes, with occupancy restricted to households with annual incomes at or below 50 percent of area median income. D. Section 33413.5 of the California Health and Safety Code requires that not less than 30 days prior to the execution of an agreement for acquisition of real property, or the execution of an agreement for the disposition and development of property, or the execution of an owner participation agreement, which agreement would lead to the destruction or removal of dwelling units from the low- and moderate-income housing market, the Agency shall adopt by resolution a Replacement Housing Plan. E. The Agency has prepared a Replacement Housing Plan relating to the acquisition and rehabilitation of the Property, in the form presented by the Agency Executive Director. F. The Agency has made a draft of the Replacement Housing Plan available to the public and to other public agencies for a reasonable time prior to this meeting, 4-165 12J19f081es following the publication of notice of the availability of the draft Replacement Housing Plan for review and comment. G. The Replacement Housing Plan includes 1) the general location of housing to be rehabilitated, developed or constructed pursuant to section 33413 (the "Replacement Housing"); 2} an adequate means of financing the Replacement Housing; 3) a finding that the Replacement Housing does not require the approval of the voters pursuant to Article XXXIV of the California Constitution; 4) the number of dwelling units housing persons or families of low- or moderate- income in the Replacement Housing which will be available at affordable housing cost and which is at least equal to the number of dwelling units being demolished, and which have an equal or greater number of bedrooms as those in the demolished Property and; 5) a timetable for meeting the Replacement Housing Plan's relocation, rehabilitation and replacement housing objectives not later than four years after demolition of the Property. H. The Replacement Housing Plan is prepared in accordance with California Health and Safety Code 33413 and Section 104(d) of the federal Housing and Community Development Act of 2004. In accordance with the National Environmental Policy Act and the California Environmental Quality Act, this project is exempt from further review. Categorical Exemption No. ER 2008-221 has been filed for this project. Section 2. The Agency hereby approves and adopts the Replacement Housing Plan in the form presented by the Executive Director. Section 3. This Resolution shall take effect immediately upon its adoption by the Community Redevelopment Agency, and the Secretary of the Agency shall attest to and certify the vote adopting this Resolution. 4-'~66 12/19/081es ADOPTED this day of , 2009. Miguel A. Pulido Chair APPROVED AS TO FORM: Joseph W. Fletcher, General Counsel By: Lisa E. Storck Assistant Counsel AYES: Boardmembers: NOES: Boardmembers: ABSTAIN: Boardmembers: NOT PRESENT: Boardmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Recording Secretary for the Community Redevelopment Agency, do hereby attest to and certify the attached Resolution No. 2009- to be the original resolution adopted by the Community Redevelopment Agency of the City of Santa Ana on , 2009. Date: Recording Secretary Community Redevelopment Agency City of Santa Ana 4-~67