Section 7814 - Relocation AssistanceIn the event a tenant or owner is displaced because a local government or housing authority acquires property for a development assisted by the Program, the Relocation Guidelines, Title 25, California Administrative Code, Section 6000 et seq., apply to any displacement that results from such acquisition. With respect to any other residential tenants (not owner-occupants) who will be permanently or temporarily relocated due to a development assisted by the Program other than the right of occupancy component, but who are not assisted under the Guidelines, the following requirements will apply.
(a) Such tenants are eligible for relocation assistance and benefits described in this section if they are displaced after approval for financing by a local finance entity or the Agency unless the tenancy is terminated thereafter for good cause as set forth in Section 7860 or they take occupancy after the approval for financing with notice from the sponsor of the approval and potential displacement.(b) Within a reasonable period of time prior to displacement, each tenant to be permanently relocated will be provided a reasonable choice of suitable replacement housing. "Suitable replacement housing" is:(1) Decent, safe, and sanitary, and affordable as set forth in Section 7806, and(2) In a location that is not generally less desirable than the location of the displaced tenant's existing dwelling with respect to public utilities, commercial and public facilities, social and economic characteristics, and the tenant's place of employment (or to sources of employment if the tenant is unemployed but employable). Each tenant will be reimbursed by the owner for reasonable moving and related expenses as set forth in Section 6090 or may receive, at the discretion of the tenant, a fixed payment as set forth in Section 6098.
(c) A tenant may be required to relocate for a temporary period only if this is necessary to carry out the project and he/she is permitted to occupy a dwelling in the completed development or another assisted development in the area. The temporary relocation may not exceed 12 months in duration in a decent, safe, and sanitary dwelling and the tenant will be reimbursed for actual, reasonable, out- of-pocket expenses including moving costs to and from the temporary housing and any increase in the monthly housing cost (rent and reasonable utilities). If the new dwelling unit is not ready for occupancy within the 12-month period, the tenant will be notified of the earliest anticipated date of occupancy and will have the right to agree to wait until the extended date or to request treatment as being permanently displaced.(d) All potential displacees will be provided advance written and oral information in a manner which ensures that they understand relocation opportunities and assistance. In addition, appropriate advisory services will be provided to minimize relocation hardships.(e) No lawful occupant will be required to move from his/her residence without at least 90 days advance written notice of the earliest date by which he/she may be required to move and a 30-day notice prior to the actual date upon which a move is required. (1) If a tenant is provided but refuses at least three (3) opportunities to move to suitable replacement housing, the sponsor will not be obligated to make further efforts to provide replacement housing.(2) If affordable, replacement housing subject to subdivision (b) cannot be found, the sponsor's obligation under this section may be satisfied by providing the tenant with a lump sum payment equal to 48 times the amount, if any, necessary to reduce the monthly housing cost (rent and reasonable utilities) of an otherwise suitable replacement unit to an affordable level.(f) A tenant who believes that this section has been violated may appeal first to the Agency or appropriate responsible agency, if appropriate, and if this appeal does not resolve the issue within a reasonable period of time, may appeal to the Department.(g) Sponsors are responsible for assuring that payments and services required by this section are provided.Cal. Code Regs. Tit. 25, § 7814
Note: Authority cited: Section 50737, Health and Safety Code. Reference: Section 50737, Health and Safety Code.