Cal. Code Regs. tit. 23 § 370
The following terms shall mean:
"Average Annual Net Earnings" means one-half of any net earnings of the business or farm operation, before Federal and State income taxes, during the two taxable years immediately preceding the taxable year in which the business or farm operation moves from the real property acquired, or during such other period as the Department determines to be more equitable for establishing such earnings, and includes any compensation paid by the business or farm operation to the owner, his spouse or his dependents during such period. The term "owner" as used in this definition includes the sole proprietorship, the principal partners in a partnership, and the principal stockholders of a corporation, as determined by the Department. For purposes of determining a principal stockholder, stock held by a husband, his wife and their dependent children shall be treated as one unit.
"Base Monthly Rent" means the lesser of the average monthly rental paid by the displaced person for the three-month period prior to initiation of negotiations for the parcel and 25% of the displaced person's average monthly income. The economic rent may be considered the average monthly rental when the displaced person was the owner-occupant of the acquired dwelling or if the rental actually paid was not reasonably equal to market rentals for similar dwellings. The "average monthly rental paid" shall include any supplements supplied by others, except when required by law, such supplement is to be discontinued upon vacation of the property.
"Business" means any lawful activity, excepting a farm operation, conducted:
"Comparable Replacement Dwelling" means a dwelling which satisfies each of the following standards:
The Act and these regulations do not require the replacement dwelling be generally as desirable as the acquired dwelling with respect to environmental characteristics. Though a displaced person does not have to accept a dwelling subject to unreasonable adverse environmental conditions, neither is the Department required to duplicate environmental characteristics, such as scenic vistas or proximity to the ocean, lakes, rivers, forests or other natural phenomena.
If the displaced person so requests, every reasonable effort shall be made to relocate such person within or near to his existing neighborhood. Whenever practicable, the replacement dwelling shall be reasonably close to relatives, friends, services or organizations with whom there is an existing dependency relationship.
"Conventional Loan" means a promissory note secured by a trust deed or mortgage made by a bank or savings and loan association. A conventional loan is not insured or guaranteed by an agency of the State or Federal government.
"Counted Room" means that space in a dwelling unit containing the usual quantity of household furniture, equipment and personal property. It shall include such space as a recreation room, living room, 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.
"Date of Initiation of Negotiations for the Parcel" means the date of the first written offer to purchase the real property.
"Department" means the Department of Water Resources.
"Director" means the Director of the Department of Water Resources.
"Displaced Person" means any person who moves from real property, or who moves his personal property from real property, either as a result of the acquisition of such real property, in whole or in part, by the Department or by any person having an agreement with or acting on behalf of a public entity, or as the result of a written order from the Department to vacate the real property for public use.
A displaced person may or may not qualify as an "eligible person," as defined in these regulations.
"Dwelling" means the primary residence of a person, including any single-family residence, a single-family unit in a two-family, multi-family or multipurpose building, a unit of a condominium or cooperative housing project, a nonhousekeeping unit, a mobilehome, or any other residential unit considered to be part of the real property acquired. A residence need not be decent, safe and sanitary to be a dwelling. A second home shall be considered to be a dwelling only for the purpose of establishing eligibility for payment of moving expense benefits.
"Economic Rent" means the reasonable rental expectancy if the property were available for rent or lease on the open market based on the rent or lease payment being paid for comparable space as distinguished from actual or contract rent or lease payment paid for the acquired property.
"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.
"Elderly Household" means a household in which the head of household or spouse is 62 years or older.
"Eligible Person" means any displaced person who is, or becomes, lawfully entitled to any relocation payment under these regulations.
"Existing Patronage" means the net annual average dollar volume of business transacted during the two taxable years immediately preceding the taxable year in which the business is relocated.
"Family" means two or more individuals, one of whom is the head of a household, plus all other individuals regardless of blood or legal ties who live with and are considered a part of the family unit. Where two or more individuals occupy the same family dwelling with no identifiable head of a household, they shall be treated as one family for replacement housing payment purposes.
"Farm Operation" means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, 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.
"Gross Income" means the total annual income of an individual, or where a family is displaced, the total annual income of the adult members of the household, irrespective of other expenses and voluntary or involuntary deductions and including, but not limited to, salaries, wages, public assistance payments, tips, commissions, unemployment, rents, royalties, dividends, interest, profits, pensions and annuities, less the following:
Gross income is divided by twelve (12) to ascertain the average monthly income. Relocation and property acquisition payments are not to be considered as income for determination of financial means.
"Handicapped Household" means a household in which any member is handicapped or disabled.
"Mobilehome" means a structure, transportable in one or more sections which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electric systems contained therein. A self-propelled vehicle is not a mobilehome.
"Mortgage" means such classes of liens, including Deeds of Trust as are commonly given to secure advances on, or the unpaid purchase price of, real property, under the laws of the State of California, together with the credit instruments, if any, secured thereby.
"Moving Expense" means the costs necessary to pack, crate, disconnect, dismantle, load, insure, temporarily store, remove, transport, unpack, uncrate, reassemble, reconnect, reinstall, and unload machinery, equipment, or other personal property (including goods and inventory kept for sale) not acquired by the Department, including connection charges imposed by public utilities for starting utility service and necessary temporary lodging and transportation of eligible persons. Moving expense shall not include:
"Nonprofit Organization" means a corporation, partnership, individual or other public or private entity, engaged in a business, professional or institutional activity on a nonprofit basis, necessitating fixtures, equipment, stock in trade, or other tangible property for the carrying on of the business, profession or institutional activity on the premises.
"Owner." A person "owns a dwelling" if he:
"Owner-Occupant" means an owner who occupies the residential dwelling being acquired by the Department as his primary residence.
"Person" means any individual, family, partnership, corporation or association.
"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, fire insurance, homeowners' association dues and assessment payments.
"Primary Residence" means a residential dwelling which is occupied as the occupant's domicile. A dwelling will qualify as a primary residence when:
"Purchase" as used in connection with claiming replacement housing payments with respect to:
"Relocation Payment" means any payment made under the provisions of this Article; including, but not limited to, payments for: actual or reasonable moving expense, payments made in-lieu of moving expense, purchase differential payments, rental differential payments, interest differential payments, and payments covering incidental expenses of the acquisition of replacement properties.
"Stated Mortgage Interest Rate" means the annual percentage rate to be paid on the debt of a mortgage as set forth in the mortgage or other credit instrument.
"Tenant-Occupant" means a person who rents or is otherwise in lawful possession of a dwelling, including a sleeping room, which is owned by another and is the displacee's primary residence.
Cal. Code Regs. Tit. 23, § 370
Note: Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code and "Guidelines" adopted by the Commission of Housing and Community Development.