Loading...
CC - 1974-14 - Implementing the Relocation Assistance lawRESOLUTION NO. 7.4-14 A RESOLUTION OF THE CITY OF ROSEMEAD ADOPTING GUIDELINES REGULATIONS AND PROCEDURES IMPLEMENTING THE RELOCATION ASSISTANCE LAW THE CITY COUNCIL'OF•'THE CITY OF ROSEMEAD HEREBY RESOLVES AS FOLLOWS: Section 1. Pursuant''to Government Code Section 7267.8, the "Guidelines for Issuance-of Regulations and Procedures Implementing the Relocation Assistance Law", a copy of which is attached hereto and incorporated herein by reference,.are hereby adopt6d.:.< Section 2. As used in the attached-Guidelines, the terms "public entity", "public agency" and "displacing agency" shall be deemed to refer'to the City.of Rosemead and the term "head" of any of the above terms shall be deemed to refer to the City Manager of the ;City of Rosemead. PASSED,'APPROVED and ADOPTED thisa6 day of 1974. MAYOR' ATTEST: CI Y. CLERK ' f.r J'1' t l ~ 1 o , . . f~ w i ~ T _ - ~ ~ y t ~ i~M1 - A. .1 ~ , a - .1 '.i. i) . a 1 i ~ ~i~ wh. . .c. . . 1 .f a ~ t ^ t t ' ~ . , . a i APPROVED CITE' O rOFSyn AD I3mTG ~ is BY I STATE OF CALIFORNIA ~ ~ rC1°' Io ~ GUIDELINES FOR ISSUANCE OF REGULATIONS & PROCEED) IMPL EMENTING THE RELOCATION ASSISTANCE LAW GOVERNMENT CODE, CHAPTER 16, SECTIONS 7260 et.seq. ' CONTENTS Sect - i ion Title 1 General 2 Assurances 3 Moving Expense Payments 4 Payments in-lieu of Moving 5 Replacement Housing Payment, Owners 6 Replacement Housing Payment, Tenants 7 Advisory_ Services I 8 Grievance Procedure 9 Property Acquisition Policy 10 Definitions j „ 11 i Cross References II - 1 A~ 7'f-01- ' • STATE OF. CALIFORNIA GUIDELINES FOR ISSUANCE OF.REGULATIONS & PROCEDURES IMPLEMENTING THE RELOCATION ASSISTANCE LAW . GOVERNMENT CODE, CHAPTER 16, SECTIONS 7260 et.seq. t 1 - GENERAL 1 i 1.1 Purpose and coverage. a. These guidelines are to assist public entities in the development of regulations and procedures implementing Chapter 16, Sections 7260 et. seq. of the Government Code, Relocation Assis- tance, hereinafter referred to as the Act, to assure a uniform policy for the fair and equitable treatment of.persons displaced by programs of public entities. All references in these Guidelines to sections or subsections are references to sections or subsections of the Act. b. In the event of any conflict between these guidelines and the provisions of the Act, or any other applicable law, the statu- tory provisions are controlling. c. It is the intent of the guidelines to establish minimum requirements for relocation assistance payments by public •entities. These guidelines shall not be construed to limit any other authority which a public entity may have to make other relocation assistance payments, or to make any relocation assistance payment in an amount which exceeds the maximum amount for such payment authorized by this chapter. ; C d. Anv public entity may, also, make any other relocation assis- tance payment, or may make any relocation assistance payment in an amount which exceeds the maximum amount for such payment authorized by these guidelines, if the making of such payment, or the payment in ' such amount, is required under federal law to secure federal funds. 1.2 General considerations. a. In developing regulations and procedures under the Act and these Guidelines, agencies should consider: (1) House Report No. 91-1656 of December 2, 1970, A Report to accompany 5.1, Co=Lmittee on Public Works, House of Representatives, Dist Congress, 2nd Session. (2) Provisions of other applicable law, including Title VI of the Civil Rights Act of 1964, and Title VIII of the Civil Rights Act of 1968. (3) Applicable state laws and good faith and reasonableness. i' II- 2 b. Agencies should instruct officials responsible for pro- grams under this Act that: C (1) A written notice of displacement must be given by the agency to each individual, family, business, or farm operation to be displaced. Such notice shall be served personally or by certified (or reigstered) first-class mail. (2) In order to qualify for benefits under the Act as a displaced person, either of two conditions must be fulfilled: (a)' The person must have moved (or moved his per- sonal property) as a result of the receipt of a written notice to vacate which'notice may have been given before or after initi- ation of negotiations for acquisition of the property. (when negotiations are initiated prior to issuance of a written notice, all persons contacted by the negotiating agency should be advised that the benefits of the Act ,are available only when the person moves subsequent to receipt of a written notice); or (b) The subject real property must in fact have been acquired, in whole or in part, and the person must have moved as a result of its acquision. (3) In addition, certain of the benefits provided by the Act are available as follows: (a) whenever the acquisition of, or notice to move from, real Property used for a business or farm operation causes . C any person to move from other real property used for his dwelling, or to move his personal property from such other real property, such person shall receive the benefits provided by Sections 7262(a) and (b) and 7261. (b) If the head of the displacing agency determines that any person occupying property immediately adjacent to the real property acquired, is caused substantial economic injury because of the acquisition, he may offer such person relocation advisory services under Section 7261. (4) For real property acquisitions under State law, con- tracts or options to purchase real property shall-not incorporate provisions for making payments for relocation costs and related items in the Act. Appraisers shall not give consideration to or include in their.real property aonra sals any allowances for the bene-its provided by t%;a_ Act- In the evert o'= conGemnatlon ii_th a declaration of taking, the estimated compensation shall be deter- mined solely on the basis of the appraised value of the real property with no consideration being given to or reference contained therein to the payments to be made under the Act. C II- 3 (5) Agency regulations should provide that applications' for benefits under the Act are to be.made within eighteen months from the date on which the displaced person moves from the real property acquired or to be acquired; or the date on which the dis- placing agency makes final payment of all costs of that real property, whichever is the later date. The head of an-agency may extend this period upon a proper showing of good cause.. (6) The provisions of the Act apply to the acquisition of all real property for, and the relocation of all persons dis-, placed by projects or programs undertaken by a public entity re- gardless of the source of funds. 1.3 Agencies' regulations and procedures. All. public entities responsible for land acquisition programs or projects must revise promptly their regulations and procedures consistent with these Guidelines. 1.4 Review of activities for compliance with the Act.. The head of each public entity shall provide for periodic review of all programs to insure compliance with the provisions of the Act. 1.5 Public information. The head of each public entity must make available to the public full information concerning the agency's re location programs and he shall insure that persons to be displaced are fully informed, at the earliest possible time, of such matters as available relocation payments and assistance; the specific plans and procedures for assuring that suitable.replacement housing will be available for homeowners and tenants, in advance of displacement; the eligibility requirements and procedures for obtaining such pay- ments and assistance; and the right of administrative review by the head of the agency concerned. 2' - ASSURANCE OF ADEQUATE REPLACZMENT HOUSING PRIOR TO DISPLACEMENT 2.1 Assurance of availability. a. Availability. No public entity shall proceed with anv phase of a project which will cause the displacement of any per- son until the public.entity has determined that within a reasonable period of time.prior to displacement, there will be available on a basis consistent with-the requirements of Title VIII of the Civil Rights Act of.1968 (P,L..90-284), in areas not generally less desirable in. regard to public utilities and public and.commercial facilities and at rents or prices within the financial means of ..the families and individuals displaced, decent, safe and sanitary dwellings,. equal in number to the.number of, and available to, such displaced persons.who require such dwellings and reasonably acces- sible to their.places of employment: b.. Support. The determination should be based on a current survey and analysis of. available replacement housing by the dis- placing agency. Such survey and analysis must.take into account the competing demands on available housing. c. Waiver. Pursuant to Section 7261(c) (3) of the Act, the head of a public entity may prescribe by regulations, situations where the determination described in paragraph 2.1a may be waived. These should be limited only to emergency or other extraordinary situations where immediate possession of real property is of cru- cial importance. Each waiver of assurance.of replacement housing shall be supported by appropriate findings and a determination of the necessity for the waiver.' . d. Standards for decent, safe, and sanitary dwellings. (a) A decent safe, and sanitary dwelling is one which meets all of.the following minimum requirements. Adjustments may be made only in the cases of unusual.circumstances or in unique geographic areas. (1) Conforms with all applicable provisions for ex- isting structures that have been established under State or local building, plumbing, electrical, housing and occupancy codes and similar ordinances or regulations. (2) Has a continuing and adequate supply of potable safe water. (3) Has a kitchen or an area set aside for kitchen use which contains a sink in good working condition and connected 11- 5 to hot and cold water, and an adequate sewage.system. A stove and refrigerator in good operation condition shall be provided when required by local code, ordinances or custom. When these facilities are not so required by local codes, ordinances, or custom, the kitchen area or area set aside for such use shall have utility service connections and adequate space for the installation of such facilities. (4) Has an adequate heating system in good working order which will maintain a minimum temperature of 70 degrees in the living area; excluding bedrooms, under local outdoor design temperature conditions. A heating system will not be required in those geographical areas where such is not normally included in new housing. (5) Has a bathroom, well-lighted and ventilated and affording privacy to a. person within;it, containing a.lava tory basin and a bathtub or stall shower, properly connected to an adequate supply of hot and cold running water, and a flush closet, all in good working order and properly connected to a sewage disposal system. (6) Has an adequate and safe wiring system for lighting and other electrical services. (7) Is structurally sound, weathertight, in good repair and adequately maintained. (8) Each building used for dwelling purposes shall have a safe unobstructed means of egress leading to safe open space at ground level. Each dwelling unit in a multi-dwelling building must have access either directly or through a common corridor to a means of egress to open space at ground level. In multi-dwelling buildings of three stories or more, the common corridor on each story must have at least two means of egress..' (9) Has 150 square feet of habitable floor space for the first occupant in a standard living unit and at least 100 square feet of habitable floor space for each additional occupant. The floor space is to be subdivided into sufficient rooms to be adequate for the family. All rooms must be adequately ventilated. Habitable floor space is defined as that space used for sleeping, living, cooking or dining purposes, and excludes such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, and unfinished attics,,foyers, storage spaces, cellars, utility rooms and simi13r spaces. (b) A decent, safe and sanitary sleeping room is one which includes the minimum requirements contained in paragraph (a), subparagraphs (2), (4), (5), (6), (7), and (8) of this section and the following: 11-6 ..-i (1) At least 100 square feet of habitable floor space for the first occupant and 50 square feet of habitable floor space for.each additional occupant. (2) Lavatory, bath and toilet facilities that pro- vide privacy, including a door that can be locked if such facili- ties are separate from the room. (c) A decent,safe, and sanitary mobile'home is one which includes the minimum requirements contained in paragraph (a), sub- paragraphs (2), (3), (4), (5), (6), (7), (8), and (9) of this sec- tion except that it may have-70 square feet of habitable floor space for each additional occupant, and the following: (1) Bears the insignia of approval issued by the State of California, Department of Housing and Community Develop- ment, pursuant to the California Health and Safety Code, except those manufactured.prior to September 1, 1958.• 2.2 Housine provided as a last resort. when it is determined . that adequate replacement housing is not available and cannot otherwise be made available, the head of the public entity may ' take action to develop replacement housing:. Such action for re- placement housing will be guided by the criteria and procedures issued by the Secretary of Housing and Urban.Development in accord- ance with the provision concerning Section 206(a) of.the Uniform Relocation Assistance and Land Acquisition Policies Act of 1970 (P.L..91-646). II - i I i 7 _ . 71 i~ 3 - MOVING-AND RELATED EXPENSES 3.1 Eligibility. a. Any displaced person (including one who conducts.a busi- ness or farm operation), is eligible to receive a payment for moving expenses. A person who lives on his business or farm property may be eligible for both moving and related expenses as a dwelling occupant in addition to being eligible for payments with respect to displacement from a business or farm operation. b. Any person who moves from real property or moves his per- sonal property from real property: 1) as a result.of the acquisi- tion of such real property in whole or part, or 2) as a result of a written notice of the acquiring agency to vacate real property, or 3) as a result of written notice of the acquiring agency to vacate, other real property on which such person conducts a farm or business, is el'igible'to receive a payment for moving expenses. 3.2 Actual reasonable expenses in moving... a. Allowable moving expenses. ('1) Transportation of individuals, families, - and personal property from the acquired site to the replacement site, not to ex- ceed a distance of 50 miles, except where the displacing agency determines that relocation beyond this 50-mile area is justified. (2) Packing, and unpacking, crating and uncrating of personal property. (3) Advertising for packing, crating, and transportation when the displacing agency determines that it is necessary. (4) Storage of personal property for a period-generally not to exceed six months when the displacing agency determines that storage is necessary in connection with relocation. (5) Insurance premiums covering loss and damage of per- sonal property while in storage or transit. (6) Removal, reinstallation, reestablishment, including such modification as deemed necessary by the public agency of, and reconnection of utilities for, machinery, equipment, appliances, and other items, not acquired as real property. Prior tO payment of any expenses for removal and reinstallation of such proaert_j, the displaced person shall be required to agree in writing that the.property is personalty and that the displacing agency is released from any payment for the property. 11- 8 (7) Property lost, stolen, or damaged (not caused by the fault or negligence of the displaced person, his agent or employees), in the process of moving, where insurance to cover such loss or damage is not available. b. Limitations. (1) Wb en the displaced person accomplishes the move him- self, the amount of payment shall not exceed the estimated cost.of, moving commercially, unless the head of the responsible public agency determines a greater amount is justified. (2) When an-item of personal property which is"used in connection with any business or farm operation is not moved but sold and promptly replaced with a comparable item, reimbursement shall not exceed the replacement cost minus the proceeds received from the sale, or the.estimated costs of moving, whichever, is less. . (3) When personal property which is used*in connection.. with any business or farm operation to be moved is of low value and high bulk, and the cost of moving would.be disproportionate in relation to the value, in the judgment of the head of the pub- lic agency responsible for the reimbursement lor.the expense of moving the personal.property shall not exceed the difference be- tween the amount which would have been received for such item on liquidation and the cost of replacing the same with a comparable item available on the market.. This provision will be applicable in the case of moving of junk yards, stockpiled sand, gravel, minerals, metals and similar type items of personal property.. (4) If the cost of moving or relocating an outdoor ad- vertising display or displays is determined to be equal to or in excess of the in place value of the display, consideration should be given to acquiring such display or displays as a.part.of the real property, unless such acquisition is prohibited by State law.: 3.3 Nonallowable moving expenses and losses. a. Additional:expenses incurred because_of living in a new location. b. Cost of moving.structures or other improvements'in which the displaced person, reserved ownership except as otherwise pro- vided by law. C. improvements to the replacement'site,- except when required . by law. d_ Interest on loans to cover moving expenses. e. Loss of good-will. II-9 7 i~ • • f. Loss of profits. g. Loss of trained employees. h; Personal injury. .i. Cost of preparing the application for moving and related expenses . j. Payment for search cost in connection with locating a re- placemen t dwelling. 3.4 Expenses in searching for replacement business or farm. a. Allowable. (1) Actual travel costs. (2) Extra costs for meals and lodging. (3) Time spent in searching at the rate of the displaced person's salary or earnings, but not to exceed $10 per hour. (4) In the discretion of the displacing agency, necessary broker, real estate or other professional fees to, locate a.replace- ment bus iness or farm operation under circumstances prescribed in public a gency regulations. D b. Limitation- The total amount a displaced person may be ~ . paid for searching expenses may not exceed $SOO.unless the head of the public agency determines that a greater amount is justified based on the circumstances involved. 3.5 Actual direct losses by business or farm operation. When the displaced person does not move personal property, he should be re- quired to make a bona fide effort to sell it, and should be reim- bursed for the reasonable costs incurred. a. When the business or farm operation is discontinued, the displaced person is entitled to the difference between the fair market value of the personal property for continued use at its lo- cation prior to displacement and the sale proceeds, or the estimated costs of moving 50 miles whichever is less,. b. Wien the ^ersonai property is abandoned, the displaced peson is to payment f.-.r the fair ,;tarkei .value of the property for continued use at its location prior to displacement or the estimated cost of moving 50 miles whichever is less. C. The cost of removal of the personal property shall not be considered as an offsetting charge against other payments to the displaced person. II-10 4 - PAYMENTS IN LIEU OF MOVING AND RELATED EXPENSES 4.1 Dwellinqs - schedules. a. Section 7262(b) provides that at the option'of-the dis- placed person he may receive a moving expense allowance not to exceed $300 based on schedules established by each agency head. Moving allowance schedules maintained by the State Highway Depart- ment should be used as the basis for the agency's schedules. In addition, a displaced.person shall receive a dislocation allowance of.$200. b. A.displaced person, who elects to receive a payment based on a-schedule, shall be paid under the schedule used in the jurisdiction in which the-displacement occurs regardless of where he 'relocates. 4.2 Businesses - eligibility. a. A person displaced from his business,-'as defined in Section 7260(d) is eligible under Section 7262(c) to receive a fixed payment in lieu of moving and related expenses. Care must- be exercised, in each instance, however, to assure that such pay- ments are made only in connection with a bona fide business. The public agency responsible for the program or project causing dis- placement shall, by regulation, prescribe appropriate criteria for a determination that a given activity does, in fact, constitute a bona fide business. b. Those businesses described in Section 7260(4) are not eligible under Section 7262(c) for a payment in lieu of moving and related expenses. C. Where a displaced person is displaced from his place of business, no payment shall be made under Section '7262(c)'until after the head of the displacing agency determines (1) that,the - business is not part of a commercial enterprise having at least one other establishment not being acquired, which is engaged in the same or similar business, and (2) that the business cannot be relocated without a substantial loss of existing patronage..:' The determination. of loss of existing patronage shall.be made-by the displacing agency only after.consideration of all pertinent circumstances, including but not limited to, the following factors: (1) The type of.business conducted by the displaced concern. (2) The nature of the clientele of the displaced concern. II- 11 . 7z • • (3) The relative importance of the present and proposed location to the displaced business and the availability of a suit- able replacement location for the displaced person. 4.3 Farms - partial taking. Where a displaced: person is displaced from only a part of his farm operation, the fixed.payment provided by Section 7262(c) shall be made only if the displacing agency determines that the farm met the definition of a farm operation prior to the acquisition and that the property remaining after the acquisition can no longer meet the definition of a farm operation. 4.4. Nonprofit organizations.' Where a nonprofit organization is displaced, no payment shall be made under Section 7262(c) until after the head of-the public agency determines: rr a. That the.nonprofit organization cannot be relocated with- out a substantial loss of its existing patronage. The term "existing patronage" as used in connection with nonprofit organizations in- eludes the persons, community or clientele served or affected by the activities of the.nonprofit organization. b. That the nonprofit organization is not part of a commer- cial enterprise having at least one other establishment not being acquired which is engaged in the same or similar activity. - 4.5 Net earnings. The term "average annual net earnings" as used in Section 7262(c) means one-half of any net earnings of the busi- ness or farm operation, before Federal, State, and local income taxes, during the two taxable years immediately preceding the tax- able year in which such business or farm operation moves from the real property acquired for such project, or during such other period as the head of the displacing agency determines to be more equitable for establishing such earnings, and includes any compen- sation paid by the.business or farm operation to the owner, his spouse or his dependents during such period. If a business or farm operation has no net earnings, or has suffered losses during the period used to compute "average annual net earnings" it may nevertheless receive the $2,500 minimum payment authorized by such Section. 4.6 Amount of Business Fixed Payment. The fixed payment to a per- son displaced from a farm operation or from his place of business, including nonprofit organizations, shall be in an amount equal to the average annual net earnings of the business or farm operation, except that such payment shall not be less than $2,500 nor more thar, $10,000.; l,. i II-12 5 - REPLACEMENT HOUSING PAYMENT FOR HOMEOWNERS 5.1 Eligibility. . a. A displaced owner-occupant is eligible for a replacement housing payment, authorized by Section 7263, not to exceed $15,000, if he meets both of the following requirements: (1) Actually owned and occupied the acquired dwelling from which displaced for not less than 180 days prior to the initi- ation of negotiations for the property. The term "initiation of negotiations" means the day on which the acquiring agency makes the first personal contact with the property owner or his repre- sentative and furnishes him with a written offer to purchase.the real property. (2) Purchases and occupies a replacement dwelling, which is decent, safe, and sanitary, not later than the 'end of the one- year period beginning on the date on which he receives from the displacing agency the final payment of all costs of the acquired dwelling, or on the date on which he moves from the acquired dwelling, whichever is the later date. b. A displaced owner-occupant of a dwelling who is determined to be ineligible under this chapter may be eligible for a replace- ment housing payment under Chapter 6. 5.2 Comparable replacement dwelling. For the purposes of rendering C.' relocation assistance by.making referrals for replacement housing and for computation of the replacement housing payment,. a 'comparable replacement dwelling is one which is decent, safe, and sanitary and: a. Functionally equivalent and substantially.the same as the acquired dwelling, but not excluding newly constructed housing.. b. Adequate in size to meet the needs of the displaced family or individual. However, at the option.of the displaced person, a replacement dwelling may exceed his needs when the replacement dwelling has the same number of rooms or the equivalent square footage as the dwelling from which he was. displaced. C. Open to all persons regardless of race, color, religion, or national origin, consistent with the requirements of the Civil Rights Act of 1964 and.Title VIII of the Civil Rights,Act of 1968. d. Located in an area not generally less desirable than the one in which the acquired dwelling is located, with respect to: (1)- Neighborhood conditions, including but not limited to municipal services and other environmental factors. - II_ 13 (2) Public utilities, and (3) Public and. commercial facilities. .e. Reasonably accessible to the displaced person's place of employment or potential place of employment. I . f. Within the financial means of the displaced family or individual. g. Available on the market to the displaced person h. If housing meeting the requirements of paragraph 5.2 is not available on the market, the head of a displacing agency may, upon a proper finding of the need therefor, consider available housing exceeding these basic criteria. i~ 5.3 Computation of replacement housing payment. The replacement housing payment of not more than $15,000 comprises.the following: a. Differential payments for replacement housing. The head of the public agency may determine the amount which, if.any, when added to the acquisition cost of the dwelling acquired by the dis- placing agency, is necessary to purchase a comparable replacement dwelling by either establishing a schedule or by. using a compara- tive method. (1) Schedule method. The agency may establish a schedule of reasonable acquisition costs for comparable replacement dwellings of the various types of dwellings to be acquired and available on the private market. The schedule shall be based on a current market analysis sufficient to support determinations of the.amount for each type of dwelling to be.acquired. When more than one public agency is causing displacement in a community or an area, the heads'of the agencies concerned shall coordinate the establishment of the schedule for replacement housing payments. (2) Comparative method. The agency may determine the price of a comparable replacement dwelling by selecting a dwelling or dwellings most representative of the dwelling unit acquired, available to the displaced person, and which meets the definition ' of comparable replacement dwelling. A single dwelling shall be used only when additional comparable dwellings are not available. (3) Alternate method. The head of the displacing agency ..!av develop C-lterla for '._'orD,n -4n ?y 'r e:Jl _1G e men-' ho using ay^tenCS - i~'len nelt[:er Lhe schedule method :nor the comparative method is feasible: (4) Limitations. The amount established as the differ- ential payment for the replacement housing sets the upper limit of this payment. 11 - 14 . (a) If the displaced person voluntarily purchases and occupies a decent, safe, and sanitary dwelling at a.price less than the above, the comparable replacement housing payment will be 1 reduced to that amount required to pa_y the difference between the acquisition price of the acquired dwelling and the actual purchase price of the replacement dwelling. > (b) If the displaced person voluntarily purchases and occupies a decent,. safe, and sanitary dwelling at a price less . - than the acquisition price of the acquired dwelling; no differen- tial payment shall be made. b. Interest payment. The head of the public agency,shall de- termine the amount,.if any, necessary to compensate a. displaced person for any increased interest costs, including, points paid by the purchaser. Such amount shall be paid only of the acquired dwelling was encumbered by a bona fide mortgage.. The following. shall be considered: (1) The payment shall be-equal to the excess in'the aggregate interest and other debt service costs of that amount of the principal of the mortgage on the replacement dwelling which is equal to the unpaid balance of the bona.fide mortgage on the acquired dwelling, at the time of acquisition, over the remainder term of the mortgage on the acquired dwelling, reduced to discounted present value. (2) The discount rate shall be the prevailing interest rate paid.on savings deposits by commercial banks in the general area in which the replacement dwelling is located. (3) A "bona fide mortgage" is one which was a valid lien on the acquired dwelling for not less than 180 days prior to the initiation of negotiations. c. Incidental expenses. (1) The head of the public agency.shall.determine the amount, if any, necessary to reimburse a displaced person for ac- tual costs incurred by him incident to the purchase of the replace- ment dwelling (but not including prepaid expenses) such as:. (a) Legal,- closing and related costs including, title search, preparing.conveyance instruments, notary fees,.sur- veys, preparing plats, and charges incident to recordation. (b) Lenders' FF.A or VA, aporaisal fees. (c) FHA application fee. (d) Certification of structural soundness when required by lender, FHA or VA. 11 _ 15 / 77 ~I (e) Credit report. • (f) Title policies or abstracts of title. (g) Escrow agent's fee. (h) State revenue stamps or sale or transfer taxes. (2) No fee, cost, charge, or expense is reimbursable whici is determined to be a cart of the finance charge under the Truth in Lending Act, Title I, Public Law 90-321, and Regulation "Z" (12 CFR Part 226) issued pursuant thereto by.the Board of Governors of the Federal Reserve Svstem. Loan service fee (not to exceed 1%) and origination or discount points are an eligible expense if such fees are normal to real estate transactions in the area. II - 16 /~z MOBILE HOMES 5:4 Acquisition of Mobile Hones. The public agency may purchase mobile homes where: (1) The structural condition of the mobile home is such that it cannot be moved without substantial damage or.unreasonable cost; or (2) The mobile home is not considered to.be a decent; safe . and sanitary dwelling unit as defined in section 2,1(d) of this Article., 5.4 Partial Acquisition of Mobile Home Park. Where the public agency' determines that a sufficient portion of a mobile home park is taken to justify the operator of such park to move his business or go out of business the owners and occupants of the mobile home dwellings not within the actual taking but who are forced to move shall be eligible to receive the same payments as though their dwellings were within the actual taking. 5.5 Mobile Homes as Replacement Dwellings A mobile home may be considered a replacement dwelling provided: - . ~ (1) The mobile home meets standards of decent, safe and sani- tary housing; (2) The mobile home is placed in a.fixed location: (a) In a. mobile home park which is licensed and operating under State law; or (b) In a mobile home subdivision wherein the displaced person owns the lot on-which the mobile home is placed; or (c) On real property owned or leased by the displaced person in other than a mobile home subdivision; provided such place- ment is in accordance with State and local laws or ordinances and provided such placement was made under permit from the State or lo- cal agency: 3.6 Corr.putation on Next Highest Tvpe. When a comparable mobile home is not available it will be necessary to calculate the replacement housing payment on the basis of the next highest type of dwelling that is available and meets the appli- cable'requirements and standards, i.e_, a higher type mobile home or a conventional dwelling. II - 17 (1) "Not available" as used in this subsection includes, but is not limited to, those cases where mobile homes cannot be re- located in mobile home parks within a reasonable distance from the place.of dislocation because of lack of available spaces or because of the standards and rules of the mobile home parks where spaces are available. 5.7 General Provisions. The general provisions for moving expenses and replacement housing payments of this Article are also applicable to -_%~.ners and tenants of mobile homes. 5.8 Moving Expenses "or Mobile Homes. (a) General. The.eligibility requirements of section'3 and the pro- visions of sections 5 and 6 are applicable to owners and occu- pants displaced from a mobile home. II- 18 i 6 - REPLACEMENT HOUSING PAYMENTS FOR TENANTS AND CERTAIN OTHERS 6.1 Eligibility. a. A displaced tenant or owner-occupant of a dwelling for less than 180 days is eligible for a replacement housing payment not to exceed $4,000, as authorized by Section 7264, if.he meets both.of the following requirements: (1) Actually occupied the dwelling for not less than 90 days prior to the initiation of negotiations for acquisition of the property. The term "initiation of negotiations" means the day on which the public agency makes the first personal contact with the property owner or his representative and furnishes him with 'a writtenoffer to purchase the real property. Agencies regulations should provide the tenants and other persons occupying., the property shall be advised when negotiations for the property are initiated with the owner thereof. (2) Is not eligible to receive a payment under Section 7263. b.. An owner-occupant of a dwelling for not less than 180 days prior to the initiation of negotiations is eligible for areplace- ment housing payment as a tenant, as authorized by Section 7264, when he rents a decent, safe and sanitary replacement dwelling . instead of purchasing and occupying a replacement dwelling, which is decent, safe, and sanitary not later than the end of the one-year period beginning on the date on which he receives from the dis- placing agency final payment for all costs for the acquired dwelling, or on the date on which he moves fromithe acquired dwelling, which- ever is the later date. 6.2 Computation of replacement housing ayments for displaced tenants. A displaced tenant is eligible £or a rental replace- ment housing payment, not to exceed $4,000, which shall be determined by subtracting from the amount which the tenant actually pays for a replacement dwelling or, if lesser, the amount determined by the State as necessary to rent a comparable dwelling; or if he purchases replacement housing within one year from displacement, he is eligible .for a down payment including expenses incidental to closing not to. exceed $4,000. a. Rental replacement housing payment. The head of the public agency concerned may determin ale amount r.e Ce53ar! to r°n t'a comparable replacement dwelling by either.establishing,a schedule or by using a comparative method. (1) Schedule method. The agency may establish.a rental schedule for renting compara le replacement dwellings as described in paragraph 5.2 and which are available in the private market for the various types of dwellings to be acquired. The payment shall be computed by determining the amount necessary to rent a comparable replacement dwelling for four years (the average monthly cost from i II- 19 the schedule) and subtracting from such amount forty-eight times the average month's rent paid by the displaced tenant in the last three months prior to initiation of negotiation if such rent was, reasonable. Agency regulations may prescribe circumstances which may dictate the use of economic rather than actual rent paid by the displaced tenant. For purposes of these Guidelines; economic rent is defined as the amount of rent the displaced tenant would have nad to pay for a comparable dwelling unit in an area similar to the neighborhood in which the dwelling unit to be acquired is located. The schedule should be based on current analysis of the market to determine the amount of each type of dwelling required. When more than one public agency is causing the displacement in a ccmmunity or an area, the agency heads shall cooperate in choosing, the method for computing the replacement housing payment and shall use uniform schedules of average rental housing in the community or area. (2) Comparative method. The agency may determine that average month's rent by selecting one or more dwellings most repre- sentative of the dwelling unit acquired, which is available to the displaced person and meets the definition of a comparable replace- ment dwelling as described in paragraph 5.2 The payment should . be computed by determinig the amount necessary to rent.a compara- ble replacement dwelling for four years and subtracting from such amount forty-eight'times the average month's rent paid by the dis- placed tenant in the last three months prior to initiation of negotiations, if such rent was reasonable. Agency regulations may prescribe circumstances which may dictate the use.of economic rather than actual rent paid by the displaced tenant. (3) Exceptions. The head of the public agency may estab- lish the average month's rent paid by the displaced person by.. using more than three months, if he deems it advisable. If rent is being paid to the displacing agency, economic rent shall be used in determining the amount of the payment to which the displaced tenant is entitled. .(4) Alternate to (1) and (2) above. When neither method is feasible, the head of the public agency shall develop criteria for computing the payment. (5) Disbursement of rental replacement housing payment. The head of the public agency should develop procedures to imple- ment Section 7264 to provide, within the $4,000 and four, year limi- taticns of such sect.io7i, a rental replacement housing payment that W-4. 11 enable the displace-. to rent comparable decent, safe and saai- tary housing. The public agency should develop criteria for.a determination as to the manner of disbursement, that is,.lump sum payment, and/or annual installments, or.monthly payments. 1 II- 20 b. Purchases - replacement housing pavment. If the tenant elects to purchase instead of -renting, the payment shall be com- puted by determining the amount necessary to enable him to make a ` down payment and to cover incidental expenses on.the purchase of replacement housing, as follows: (1) The down payment shall be the amount necessary to make a down payment on a comparable replacement dwelling. Determination of the amount necessary for such down payment shall be based on the amount of down payment that would be required for purchase of the dwelling using a conventional loan. (2) Incidental expenses of closing the transaction are those as described in paragraph 5.30.. (3) The maximum payment.may.not exceed $4,000, ex- cept that if more than $2,000 is required, the tenant must match any amount in excess of $2,000 by an equal amount.in making the down payment. (4) The full amount of the replacement housing pay- ment must be applied to the purchase price and incidental costs' shown on the closing statement. 6.3 Computation of replacement housing payments for certain others.. a. A displaced owner-occupant who does not qualify for a replacement housing payment under Chapter 5 because of the 180- day occupancy requirement and elects to rent is eligible for a rental replacement housing payment not to exceed $4,.000. The payment will be computed in the same manner as shown.in paragraph 6.2a except that the present rental rate for the acquired dwelling shall be economic rent as determined by market data. b. A displaced owner-occupant who does not qualify for a re- placement housing payment under Chapter 5 because of the 180-day occupancy requirement and elects to purchase a replacement dwelling is eligible for a replacement housing down payment and closing costs not to exceed $4,000. The payment will be computed in the same manner as shown in paragraph 6.2b. 7 - RELOCATION ASSISTANCE ADVISORY SERVICES 7.1 Relocation assistance advisory program. Under Section 7261, the head of a.public agency shall require a relocation assistance advisory program for persons displaced as a result of programs or projects. Each relocation assistance advisory program shall in- clude such measures, facilities, or services as may be necessary or appropriate to perform all of the.tasks detailed in Section 7261(c). 7.2 Coordination of planned relocation activities. a. Coordination. When two or more public agencies contem- plate displacement activities in a given community or area, the . heads of the respective agencies responsible for the planned ac- tivities shall require that appropriate channels of communication be established between the agencies for the purpose of planning relocation activities and coordinating available housing resources. The public agencies causing displacement shall designate at least one representative who will meet periodically with the representatives of other Federal, State and local agencies to review the impact of their respective programs on the community or area. b. Local coordination. To further insure maximum coordina- tion of relocation activities in a given com_munity.or area, each public agency's regulations shall require that the displacing agency consult appropriate local officials before approving any proposed project in the community, consistent with the require- ments of the procedures promulgated by the Office of Management and Budget Circular A-95 (Revised). That Circular provides a central point of identifying local officials. 7.3 Contracting for relocation services. a. Contracting with central relocation agency.' The head of a displacing agency contemplating initiation of displacement ac- tivities shall consider contracting with the central relocation agency in a community or area for the purpose of carrying out its relocation activities. ConaraCt-nQ 47i th a tilers. v -,'-ten a centralized relocation agency is not available in a community -or if in "t he judgment of the displacing agency the centralized agency does not have the capacity to provide the necessary services, within the time re- quired by the agency's program, the displacing' agency may contract with another public agency or a private contractor who can provide the necessary relocation services. l II - 22 8 -.GRIEVANCE PROCEDURE 8.0 Federal participation exemption. If the public agency has an approved and adopted grievance procedure policy mandated by a federal agency in order to receive federal financial participation, then, that.policy may be used in lieu of this section. 8.1 Right of review.. Any person aggrieved-by a determination.as to eligibility for, or the amount of,'a payment under the regulations in this part,. may have his claim reviewed and reconsidered by the head of the public agency or his-authorized designee (other than the person who made ' the determination.in question) in accordance with the procedures set forth-in.-this..section as supplemented by such procedures as. the public agency shall have established for such review and' reconsideration. Any person or class of persons may seek-review and revision of any schedule with respect to payments under the regula- tions in this pant. 8.2 Notification to claimant. If the public agency denies the eligibility of a claimant for a. payment or disapproves the full amount claimed or refuses to.con- sider the claim on' its merits because of untimely filing or any other ground,,the public agency's notification to the claimant of its determination shall inform the claimant of its reasons therefor and shall also-inform the claimant of the applicable. procedures for obtaining review of this determination. 8.3 Request for review.' a. General. Any person who has a right to seek review may request the public agency to provide him with a full.written expla- nation of its determination, and the basis.therefor if he feels that the explanation accompanying the payment of his claim or notice of the agency's determination was incorrect or inadequate. The public agency shall provde such an explanation to the claim- ant within 15 days of its receipt of claimant's request. b. Time. limits for filing written request for review... (1.) A claimant desiring review and reconsideration.of the public agency's determination shall file a written request for review with the public agency either (a) within 6 months of the agency's notification to the claimant of its determination or (b) prior to final closeout of the project which caused the dis- placement, whichever is earlier, but in no event less than:30 days following the agency's notification to the claimant of its . determination. II- 23 0 0 711 C. The written request for review. The claimant may include - in his request for review any statement of fact within his knowl- edge or belief, or other material which he feels has a bearing on his appeal. If the claimant requests more time to gather and ` . prepare additional material for consideration or review and " demonstrates a'.reasohable basis therefor, he may be granted 30 days from the date of his request for review. If the claimant-feels he is unable to prepare the written claim, the public agency shall offer to provide assistance to the claimant and further notify the claimant of other available sources of assistance. d. Oral presentation. Unon request of the claimant, the public agency shall afford him an opportunity to make an oral-. presentation. The claimant may be represented.by an attorney or ..other person of his choosing. This oral presentation shall enable - the claimant to discuss his claim with the head of the public agency or a designee other than the person who made the initial determination having the authority to revise the initial determina- tion on the claim. The public agency shall make 'a summary of the matters discussed in the oral presentation and it.shall be included - as part of its file. 8.4 Public agency review. a. General. The'public agency shall consider the request for review and shall make a determination as to whether a modifi- cation is necessary. This review should be conducted by the head of the public agency or his authorized designee (other than the person who made the determination). A designee must have the authority to revise the initial determination of the claim and . any determination reached pursuant to an oral presentation. The public agency shall consider every complaint regardless of form. b. Scope of review. The public agency shall review and reconsider its initial determination of the claimant's case in light of: (1) All material upon which the public agency based its original determination including all applicable rules and regulations; (2) The reasons given.by the claimant for requesting review and reconsideration'of his claim; } (3) Whatever additional written material has been sub- mitted by the claimant; and (4) Any fu=t.^,er information which the •p7jbli: agency may, in its discretion, obtain by request, investigation, or research, to insure fair and full review of the claim. C. Determination on review by public agency.'. The final de- termination on review by the public agency shall include, but.is not.limited to.- 11-24 I (1) The agency's decision on reconsideration of the claim; (2) The factual and legal basis upon which its decision is based, including any pertinent explanation or rationale; d. Time limits. (1) The public agency shall issue its determination of review within. 30 days from receipt of the last material submitted for consideration by the claimant. (2) In the case of complaints dismissed for untimeliness or for any other reason not based on the merits of the claim, the public agency shall issue a statement as to why the complaint was dismissed to the claimant. 8.5 Recommendations by third party. Upon agreement between the claimant and the public agency, a mutu- ally acceptable third party or parties may review-the claim and make advisory recommendations thereon to the head of the agency for its final determination: In reviewing the claim and making .recommendations to the public agency, the third party or parties should be guided by the provisions of the requirements of these sections. 8.6 Review of files by claimant Except for confidential material, and except to the extent specifi- cally prohibited by law, a public agency shall permit the claimant to inspect all files and records bearing upon his claim or the prose- cution of his grievance. The public agency may, however, impose reasonable conditions on the claimant's right to inspect. 8.7 Effect of determination on other persons. The principles established in,all determinations by a public agency shall be applied to all similar cases regardless of whether or not a person has filed a written request for review. g g Construction of rules and regulations. This section and all applicable rules and regulations on which public agency determinations are "based, shall be liberally construed so as Lul-l_1 tye s_a_Utcr_y purpose as declared l"`.thc Dct of "fair ana eouitable treatment" in order that displaced persons "not suffer dis- proportionate injuries as a result of programs designed for the bene- fit of the public as a whole." Ti- 2.5 i~ 7z -11z 819 Riqht to counsel. Any aggrieved party has a right to representation by legal or other counsel at his own expense`at any and all stages of the pro- ceedings set forth in these sections. 8.10 Judicial review. Nothing in this section shall in any way preclude or limit a claim- ant from seeking judicial review or receiving a fair and impartial consideration of his claim on its merits upon exhaustion of such administrative remedies as are available to him under this section. i i I II- 26 i 9 - UNIFORM REAL PROPERTY ACQUISITION POLICY .9.1 Acquisition procedures. a. Just compensation. Section 7267.2 establishes the policy that, before initiation of negotiations for the acquisition of real property, the head of the public entity concerned shall establish an amount which he believes to be just compensation therefor. In no event shall such amount be less than the agency's approved appraisal of the fair market value of the property. b. Incidental expenses incurred by displaced owner selling to acquiring public agency. Compensation for real property shall include recording fees, transfer taxes and prepayment penalties on existing liens and other similar expenses incidental to conveying such real property to acquiring agency. C. Initiation of negotiations. (1) Statement to be furnished owner. When negotiations for the acquisition of real property are initiated, the owner shall be provided with a written statement concerning the proposed acqui- sition. This statement shall include, as a minimum, the following- (a) Identification of the real property and the estate or interest therein to be acquired including the buildings, structures, and other improvements on the land, as well as the fixtures considered to be a part of the real property, and (b) The amount of the estimated just compensation for the property to be acquired, as determined by the acquiring agency, and a statement of the basis therefor. In the case of a partial taking, damages, if any, to the remaining real property shall be separately stated. (2) Offer to purchase. The head of the public entity shall make a prompt offer to purchase the property for the amount contained in the statement. 9.2 Appraisal standards. For the purpose of promoting uniformity under Section 7267.2, the head of each public entity shall establish, for all programs under his jurisdiction, standards for appraisals used in such programs, criteria for determining the qualifications of appraisers, and a system of review by qualified appraisers. 9.3 Notice to move. Section 7267.3 provides that, to the greatest extent practicable, no person lawfully occupying real property shall ' be required to move from a dwelling or to move his business or farm operation without at least 90 days written notice from the head of the displacing agency of the date by which such move is required. II- 27 10 -'DEFINITIONS 10.1 Affected property. Affected property means any real property which actually declines in fair market value because of acquisition by a public entity for public use of other real property and a change in .the use of the real property acquired by the public entity. 10.2 Average annual net earnings. The net earnings of the business or farm operation before Federal, State, and local income tax, during the 2 taxable years immediately,preceeding, displacement (or if the, business or farm was not operated that long, such other period as may be approved by the state agency), and includes salaries, wages or other compensation paid by the business or farm operation to. the owner, his spouse or his dependents. If the.state agency determines that such 2 year period is not equitable for establishing earnings, the period used for determining average net earnings shall be a sub- stitute period determined by the state agency. In the case of a corporate owner, earnings shall include any compensation paid to the spouse or dependents of the owner of a majority.interest in the cor- poration. For the purpose of determining majority.ownership, stock held by a husband, his wife and their dependent children shall be treated as one unit. 10.3 Business. Any lawful activity, except a farm operation conducted. primarily: a. For the purchase, sale, lease, and rental, of personal and. real property, and for the manufacture, processing, or marketing of. Products, commodities or any other personal.property; b. For the sale of services to the public; C. By.a nonprofit organization; or d. Solely .for the purpose of Section 7262 for assisting in the purchase, sale, resale, manufacture, processing or marketing or pro- ducts, commodities, personal property, or services.by the erection and maintenance of an outdoor advertising display,-whether or not such display is located on the premises on which any of the'above activities are conducted. 10.4 Closing (Replacement Housing Payments). -Those payments to owner-occupants relating.to the closing costs on the purchase of a replacement dwelling including costs of evidence of title, recording aes, e'tc., but not 1ncludina:prepa-d expenses. 10.5 Comparable replacement dwelling. For the purposes of rendering relocation assistance by making referrals for replacement housing and . for computation of the replacement housing payment, a comparable replacement dwelling is one which is decent, safe, and.sanitary.and: - a. Functionally equivalent and substantially the same as the acquired dwelling, but not excluding newly constructed housing. b. Adequate in size to meet the needs of the displaced family or individual. However, at the option of the displaced person, a replacement dwelling may exceed his needs when the replacement dwelling has the same number of rooms or the equivalent square footage as the dwelling from which he was displaced. C. Open to all persons regardless of race, color, religion, or national origin, consistent with the requirements of the Civil Rights Act of 1964 and Title VIII of the Civil Rights Act of 1968. d. Located in an area not generally less desirable.than the one in which the acquired dwelling is located, with respect to: (1) Neighborhood conditions, including but not limited to municipal services and other environmental factors. (2) Public utilities, and (3) Public and commercial facilities. e. Reasonably accessible to the displaced person's place of employment or potential place of employment., f. Within the financial means of the displaced family or individual. g. Available on the market to the displaced person. h. If housing meeting the requirements of paragraph 5.2 is not available on the market, the head of a displacing agency may, upon a proper finding of the need therefor, consider available housing exceeding these basic criteria. 10.6 "Condominium". "Condominium" means a combination of co-ownership and ownership in severalty. It is an arrangement under which a family or individual in a housing development holds full title to a one- family dwelling unit, including an undivided interest in common areas and facilities, and.such restricted common areas and facilities, and such restricted common areas and facilities as may be designated. 10.7 Conventional Loan. "Conventional Loan" means a mortgage commonly given by banks and savings and loan associations to secure advances on, or the unpaid 7urcelase Price of real -grope: _,y, payment of is not 'nsured by any agency of the State or Federal governments. . 10.8 Counted Room. "Counted Room" means that space in a dwelling unit containing the usual quantity of household furniture, equipment and personal library, study, dining room, kitchen, laundry room, basement, bedroom,and garage. Rooms or storage areas which contain substantial amounts of personal property equivalent to one or more rooms may be counted as additional rooms. II- 29 10.5 Date of Initiation-.of--Negotiations for Parcel. This phrase means the day on which-the public agency makes the first personal contact with the property owner or his representative and furnishes him with a written offer to purchase the'real property. 10.10 Date of Initiation of Negotiations for the 'Project: This phrase means the date the public agency makes the first personal-contact with the owner of any property on the project or his representative where price is discussed except where such contact is made solely for pro- tective buying or because of hardship., 10.11 Date of Intent to Acquire. "Intent to acquire" means the public acknowledgment by the public entity of their intention and/or. plan to obtain specified parcels for a specific purpose (project). "Date of Intent to Acquire" means the date on which .the public agency sends through certified mail to or makes personal contact with the owner of each parcel or advertises in.a local paper of general circu- lation that a specific project is.intended to be developed and specified parcels therein are intended to be acquired. Upon the date of intent to acquire, parcels may be acquired through.hardship. 10.12 Displaced Person. "Displaced person" means any person who moves from real property or who moves his personal property from real pro- perty, as a result of the acquisition of such real property, in whole or in part, or as the result of a written order from a public entity to vacate the real property, for public use. 10.13 Dwelling. A single-family building, a single-family unit (including a nonhousekeeping unit) in a two-family or multifamily building, a unit of a condominium or cooperative housing project, a mobilehome, or other residential.unit. 10.14 Economic Rent. The amount of gross rent the displaced tenant would have had to pay for a similar unit in an area not generally less desirable than the dwelling unit to be acquired. (Gross rent is contract rent, plus cost of utilities to tenant, over and above contract rent.) 10.15 Effective Rate of Interest. "Effective rate of interest" means the annual percentage rate paid on the debt of a mortgage as a result of.including debt service charges in the total interest to be paid on the mortgage debt, as an incident to the extension of credit, when such debt service charges are normal to the market. 1_0.16 Eliqihle Person.. eligible person" means anv.displaced pe_son who 1s, or becomes, lawfully entitled to any relocation payment under these regulations: 10, 17. Family.' The term."family" means two or more individuals, one of whom is the head of a household, plus all other,individuals regard- less of blood or legal ties who live with and are considered a part II-30 of the family unit. Where two or more individuals occupy the same dwelling with no identifiable head of.household, they shall be treated as one family for replacement housing payment purposes. ( 10.18 Farm Operation. "Farm operation" means any activity conducted solely or primarily for the production of one or more' agricultural products or commodities, including time, for sale or home use and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. 10.19 Federal Project, "Federal project" means any direct Federal project or any project receiving Federal financial assistance. 10.20 Hardship. "Hardship" means the acquisition.of real property by a public entity for a public use prior to the date of-initiation of negotiations for the project. 10,21 Incidental Expenses. R easonable expenses incurred for evidence of title, recording, fees, and other closing costs on the purchase of a replacement dwelling. 10.22 Gross Income. Projected annual in come from all sources of each member of the family residing in the household who is at least eighteen years of age. a. Adjusted Gross Income. (1) A deduction of 5% of Gross Income, except that the deduction shall be 10% in the case of a family whose head or spouse is elderly; (2) A deduction for extraordinary medical expenses cohere not compensated for or covered by insurance, defined for this purpose to mean medical expense in excess of 3% of Gross Income; (3) A deduction of amounts for unusual occupational expenses not compensated for by-the-employer, such as special tools and equipment, but only to the extent by which such expenses exceed normal and usual expenses incidental to employment; (4) A deduction of amounts paid by the family for the care of children or sick or incapacitated family members when determined to be necessary to employment of the head or spouse, provided the amount deducted does not exceed the amount of income ceived by the family member thus released;. (5) An exemption of $300 for each dependent, i.e., each minor (other than the head or spouse) and for each adult (other than the head or spouse) dependant upon the family for support;. (6) Any nonrecurring income, or income of full-time students. 11-31 k. Loss of trained employees; 1. Personal injury; M. Cost of 'preparing the application for moving and, related expenses; n. Modification of personal property to adapt it to replacement site. 10.28 'Nonprofit Organization. "Nonprofit Organization" means a corporation, partnership, individual or other public or private entity, engaged in a business,. professional or instructional activity on a no basis, necessitating fixtures, equipment, stock in grade, or other tangible property for the carrying on of the business, profession or institutional activity on the premises. 10.29 Owner. A person "owns a dwelling" if he: a. Holds fee title, a life estate, a 99-year lease, or a, lease with not less than 50 years to run from date of acquisition of the property for the project. b. Holds an interest in a cooperative housing project which includes the rights of occupancy of a dwelling unit therein. c. Is the contract purchaser of any of the foregoing estates or interests. d. Has a leasehold interest with an option to purchase;.or e. Owns a mobile unit which under State law is determined to be real property, not personal property. - Also the tenure of ownership, not occupancy, of the succeeding owner shall include the tenure of the preceeding owner.' 10.30 Person. Person means any individual, partnership, corporation, or association. 10.31 Personal Property. (Tangible Personal Property). Tangible property which is situated on the real property vacated or to be vacated by a displaced person and which, is considered personal property and is noncompensable (other than for moving expenses) under the State law of eminent domain, and In the case of a tenant,' fixtures and equipment, and other property which may be characterized as real property under State.or local law, but which the tenant may lawfully, and at his election determines to, move and for which the tenant is not compensated in the real property acquisition. In the case of an owner of real property, the f II- 32 0 0 10.24 Mobilehome. "Mobilehome" means a vehicle, other than a motor vehicle, designed or used for human habitation,' for carrying persons and property on its own structure, and for being drawn by a motor vehicle. 10.25 Monthly Gross Income. "Monthly Gross Income" means the total monthly income of a family or individual irrespective of expenses and voluntary or involuntary deductions and includes, but is not limited to salaries, wages, tips, commissions, rents, royal- ties, dividends, interest, profits, pensions, and annuities. 10.25 Mortgage. "Mortgage" means such classes of liens as are commonly given to secure advances on, or the unpaid purchase price of, real property, together with the credit instruments, if any, secured thereby. 10.27 Moving Expense. "Moving Expense" means the cost of dismantling, disconnecting, crating, loading., insuring, temporary storage, trans- porting, unloading and reinstalling of personal property, including service charges in connection with effecting such reinstallations, and necessary temporary lodging and transportation of eligible persons. Moving expense shall not include: a. Any addition, improvement, alteration'or other physical. change in or to any structure in connection with.effecting removal of personal property from, or reinstallation in such structure; b. The cost of construction or improvement at the new location to replace property for which compensation was paid in the acquisition; C. Any loss of, or damage to, personal property caused by the fault or negligence of the displaced person, his. agent, or employee in the process of moving where insurance to cover such loss or damage is or was available; d. Any payment for moving personal property where such property is purchased as part of the acquisition; e. Additional expenses incurred because of living in a new location; f. Cost of moving structures, improvements or other real property in which the displaced person reserved ownership;'- . - g. Improvements to the reolacemert site; - h. Interest on loans to cover moving expenses; i. Loss of goodwill; j. Loss of business or profits; 11-33 h th t f ro ert is ersonal or real determinauion as to w e er an i em o pp y p shall depend upon how it is identified in the acquisition appraisals and the closing or settlement statement with respect to the real property acquisitions: Provided, that no item of property which is compensable under State and local law to the owner of real property in the real property acquisition may be treated as tangible personal. property in computing actual direct losses of tangible personal property. 10.32 Prepaid Expenses. ."Prepaid expenses" means items paid in . advance by the seller of real property and prorated between such seller and the buyer of such real property at the close of -escrow including, but not limited to real.property taxes, for insurance, homeowners' association dues and assessment payments. 10.33 Protective Buying. "Protective buying." means the acquisition . of real property by a public entity for a public use prior to the date of.initiation of negotiations for.the.project. 10.35 Public Entity. "Public entity" includes.the state, the Regents of the University of California, a county,.city, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state when acquiring real property, or any interest therein, in any city or county for public use. 10..35 Public Use. "Public use" means a use for which real property may be acquired by eminent domain. r 10.36 Purchases (re Replacement Housing)_ a. The acquisition, construction or rehabilitation of a dwelling, the purchase and rehabilitation of a substandard dwelling, the relocation or relocation and rehabilitation of an existing dwelling, or the entering into a contract to purchase, or for the construction of, a dwelling to be constructed on a site to be pro- vided by a builder or developer or on a site which the displaced person owns or acquires for such purpose. Where completion of con- struction, rehabilitation, or relocation of a replacement dwelling. is delayed, for reasons beyond control of the displaced person, beyond the date by which occupancy is required under this paragraph; b. The public entity may determine the date of occupancy to be the date the displaced person enters into a contract for such construction, rehabilitation, or relocation or for the •purchase - - LTDOn COmDiel`..iO n, of a C. •:J2_L_ng to oe.C.. -.S L. Led or rehabi tc.ted if, in fact, the displaced person occupies the replacement dwelling when the construction of rehabilitation is completed. Mobilehomes must be registered with the California Department of Motor Vehicles in the name of the calimant. J: II- 34 i 1_0.37 Relocatee. "Relocatee" means an definition of a dis l d y person who meets the p ace person. 10.38 Stated Rat " Mortgage Interest Rate. "Stated Mortgage Interest e means t he annual percentage rate to be paid or the debt of . a mortgage as set forth in the mortgage or other credit instrument. 11 - 35 r~