Section 1874.05 - Rental Differential Payment to Tenant-Occupant for Not Less than 90 Days Who Rents a Replacement Dwelling(a) General. A displaced tenant is eligible for a rental differential payment not to exceed $4,000.00, if: (1) He has been occupying the dwelling to be acquired as his primary residence for at least 90 consecutive days immediately prior to and including the date of initiation of negotiations; and(2) The property was subsequently acquired; and(3) He rented and occupied a decent, safe and sanitary dwelling within the time period specified in Section 1874(b);(b) Computation of Payment. (1) The payment, not to exceed $4,000.00, shall be determined by subtracting forty-eight (48) times the base monthly rental from:(A) Forty-eight (48) times the monthly amount which the tenant actually pays for a replacement dwelling, or if lesser;(B) Forty-eight (48) times the monthly amount determined by the Department as necessary to rent a comparable replacement dwelling.(c) Department to Determine Method. The Department shall determine the amount necessary to rent a comparable replacement dwelling.(d) Disbursement of Rental Differential Payments. (1) Rental differential payments shall be paid in a lump sum, monthly) or at other intervals determined as appropriate by the Department.(2) If an installment payment is determined appropriate, the tenant must certify to the Department prior to receiving each installment payment that he is occupying decent, safe and sanitary housing. In the case where installment payments are being made to a dependent, he must certify that he is actually occupying the replacement property as specified in Section 1874(h).Cal. Code Regs. Tit. 2, § 1874.05
1. Amendment filed 3-11-76 as an emergency; effective upon filing (Register 76, No. 11).
2. Certificate of Compliance filed 6-11-76 (Register 76, No. 24).
3. Amendment of subsections (b) and (d) filed 1-18-77 as an emergency; effective upon filing (Register 77, No. 4).
4. Certificate of Compliance filed 5-17-77 (Register 77, No. 21).