Section 7685 - Relocation Requirements(a) It shall be the sponsor's responsibility to ensure compliance with the relocation provisions set forth in this section. Loan funds may be used for relocation costs attributable to the lower income tenants as a result of the rehabilitation activities, including the payment of benefits required by this section. The department may authorize increases in the sponsor's approved loan amount for the purpose of paying eligible relocation costs attributable to lower income households, which could not be reasonably foreseen by the sponsor at the time of application. Eligibility and relocation benefits shall be determined as set forth in this section, although additional requirements may be imposed by applicable federal, state, or local laws.(b) All tenants in occupancy in a property who are permanently displaced as a direct result of an acquisition funded in whole or in part with program funds shall be entitled to relocation benefits as provided in chapter 16 (commencing with section 7260) of division 7, Title 1 of the Government Code.(c) In the case of an acquisition funded in whole or in part with program funds, all existing residential tenants as well as residential tenants who were in occupancy on the date that the sponsor entered into the binding agreement for the purchase of the property shall be provided with a notice as specified herein no later than the date of application to the department for program funds. The notice shall contain all the following information: (1) a statement that the sponsor has entered into an agreement to purchase the property;(2) a statement that the sponsor is applying for public funds for the purpose of acquiring and rehabilitating the property;(3) a statement that if the sponsor's application is funded and the rehabilitation work requires temporary relocation, all residential tenants will be entitled to return to their units; will be entitled to temporary relocation benefits; and if lower and moderate income, will have any rent increases limited to a total rent of no more than 25 percent of their incomes for a period of one year from the completion of the rehabilitation work;(4) a statement that all residential tenants who are permanently displaced as a direct result of this acquisition may be entitled to financial benefits, which could include moving expenses and rent differential as required by law;(5) a statement that if the application is funded, the sponsor will be required as a condition of funding to conduct a tenant survey including verification of tenants' incomes. A tenant's failure to provide complete and accurate information may result in the loss of some of the financial benefits described above;(6) a statement indicating who to contact for further information or to make a claim.(d) Any residential tenant who was in occupancy at the time of application to the department for funds and who is displaced to accommodate rehabilitation work shall be provided with temporary housing benefits for a period of up to 90 days, and shall be given the option of returning, after rehabilitation, to the unit from which he or she was displaced.(e) Any residential tenant whose household income is lower or moderate as defined in section 50093 of the Health and Safety Code shall be entitled to the following benefits and shall be subject to the following additional provisions: (1) After-rehabilitation rents shall not be raised to a level which exceeds 25 percent of that household's income for 12 months subsequent to the completion of rehabilitation. A tenant whose income is lower or moderate, but refuses to provide the income information necessary to establish rents pursuant to this paragraph shall not be eligible for relocation benefits due to an increase in rent in excess of that permitted by this paragraph. Income surveys to ensure compliance with the requirements of this paragraph and applicable relocation laws shall be completed prior to disbursement of program funds.(2) A residential tenant or household whose income is lower or moderate shall be entitled to all relocation benefits provided pursuant to chapter 16 (commencing with section 7260) of division 7 of Title 1 of the Government Code if such tenant or household is permanently displaced as a direct result of the rehabilitation work.(3) A residential tenant or household whose income is lower or moderate and whose temporary displacement exceeds 90 days shall be deemed permanently displaced and may elect to receive benefits on a monthly basis while retaining the right to reoccupy the previously occupied unit. When a tenant elects to receive his or her permanent relocation benefits pursuant to this paragraph on a lump sum basis, the tenant shall have waived his or her right to return to the unit upon completion of the rehabilitation.(f) All residential tenants shall be given a notice which specifies their rights pursuant to this section no later than the time of application to the department for program funds. Any tenant's waiver of a right set forth in this section must be in writing and must specify in detail the relocation rights being waived.(g) Any nonresidential tenant at the time of application by the sponsor to the department for program funds shall be entitled to relocation assistance and benefits to the extent required by applicable law from funds other than program funds.(h) The sponsor shall prepare a relocation plan in conformance with the provisions of section 6038(b) of this Title based on the scope of the project and the extent of anticipated displacement. The relocation plan shall be subject to the review and approval of the department prior to the disbursement of program funds.Cal. Code Regs. Tit. 25, § 7685
1. New section filed 6-12-89 as an emergency pursuant to Health and Safety Code section 50668.5(g); operative 6-12-89 (Register 89, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or the regulation will be repealed on 10-10-89. For history of former subchapter 8 (sections 7700-7714.5, not consecutive), see Register 85, No. 33.
2. New section refiled 10-6-89 as an emergency pursuant to Health and Safety Code section 50668.5(g) and Government Code section 11346.1(h); operative 10-10-89 (Register 89, No. 42). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 2-7-90.
3. New section refiled 2-5-90 as an emergency pursuant to Health and Safety Code section 50668.5(g) and Government Code section 11346.1(h); operative 2-7-90 (Register 90, No. 6). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 6-7-90.
4. Amendment of subsections (b), (d) and (g) filed 3-5-90 as an emergency pursuant to Health and Safety Code section 50668.5(g); operative 3-5-90 (Register 90, No. 12). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-3-90.
5. Certificate of Compliance as to 2-5-90 and 3-5-90 orders including amendment of subsections (b), (d) and (e) transmitted to OAL 5-22-90 and filed 5-29-90 (Register 90, No. 29). Note: Authority cited: Section 50668.5, Health and Safety Code. Reference: Sections 7260, et seq., Government Code; and Section 50668.5, Health and Safety Code.
1. New section filed 6-12-89 as an emergency pursuant to Health and Safety Code section 50668.5(g); operative 6-12-89 (Register 89, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or the regulation will be repealed on 10-10-89. For history of former subchapter 8 (sections 7700-7714.5, not consecutive), see Register 85, No. 33.
2. New section refiled 10-6-89 as an emergency pursuant to Health and Safety Code section 50668.5(g) and Government Code section 11346.1(h); operative 10-10-89 (Register 89, No. 42). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 2-7-90.
3. New section refiled 2-5-90 as an emergency pursuant to Health and Safety Code section 50668.5(g) and Government Code section 11346.1(h); operative 2-7-90 (Register 90, No. 6). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 6-7-90.
4. Amendment of subsections (b), (d) and (g) filed 3-5-90 as an emergency pursuant to Health and Safety Code section 50668.5(g); operative 3-5-90 (Register 90, No. 12). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-3-90.
5. Certificate of Compliance as to 2-5-90 and 3-5-90 orders including amendment of subsections (b), (d) and (e) transmitted to OAL 5-22-90 and filed 5-29-90 (Register 90, No. 29).