Section 8125 - Relocation Requirements(a) For projects involving the new construction of a rental housing development, the following shall apply: (1) The sponsor of a project resulting in displacement of residential tenants shall be solely responsible for providing the assistance and benefits set forth in this subdivision (a), and shall agree to indemnify and hold harmless the department from any liabilities or claims for relocation related costs.(2) All tenants in occupancy in a property who are temporarily or permanently displaced as a direct result of the development of the project shall be entitled to relocation benefits and assistance as provided in chapter 16 (commencing with section 7260) of Division 7 of Title 1 of the Government Code. Displaced tenants who are not eligible households under this program shall be provided relocation benefits and assistance from funds other than program funds.(3) 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 temporary or permanent displacement. The relocation plan shall be subject to the review and approval of the department prior to the disbursement of program funds.(4) All eligible households who are permanently displaced as a direct result of the development of the project shall be entitled, upon initial occupancy of the rental housing development, to occupy assisted units subject to the tenant occupancy standards set forth in section 8121.(5) All households which are not eligible households who are permanently displaced as a direct result of the development of the project shall be entitled, upon initial occupancy of the rental housing development, to occupy any available nonassisted units.(6) Notwithstanding the preceding paragraphs, tenants who are notified in writing prior to their occupancy of an existing unit that such unit may be demolished as a result of funding provided under the program shall not be eligible for relocation benefits and assistance under this section. The form of any notices used for this purpose shall be subject to department approval.(b) For projects involving the rehabilitation of a rental housing development, the following shall apply: (1) It shall be the sponsor's responsibility to ensure compliance with the relocation provisions set forth in this subdivision (b). Loan funds may be used for relocation costs attributable to the relocation of lower-income tenants as a result of the rehabilitation activities, including the payment of benefits required by this subdivision. The department may authorize increases in the sponsor's approved loan amount for the purposes 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 for relocation benefits and the amount of benefits to be paid shall be determined as set forth in this subdivision, although additional requirements may be imposed by applicable federal, state, or local laws.(2) All tenants in occupancy in a property who are permanently displaced as direct result of an acquisition funded in whole or in part with program funds shall be entitled to relocation benefits as provided in sections 7260, 7261, 7262, 7264, 7264.5, 7269, 7269.1, 7272, and 7272.3 of the Government Code.(3) 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 statements:(A) that the sponsor has entered into an agreement to purchase the property;(B) that the sponsor is applying for public funds for the purpose of acquiring and rehabilitating the property;(C) 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 low and moderate income as defined in section 50093 of the Health and Safety Code, will not have any rent increases during the period of one year from the completion of the rehabilitation work which result in a rent that is greater than twenty-five percent of their incomes.(D) that all residential tenants who are permanently displaced as a direct result of the acquisition may be entitled to financial benefits, which could include moving expenses and rent differential during the period of displacement as required by law;(E) that if the application is funded, the sponsor will be required as a condition of funding to conduct a tenant survey including a verification of tenant's incomes and that a tenant's failure to provide complete and accurate information may result in the loss of some of the financial benefits described above; and(F) whom to contact for further information or to make a claim.(4) 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.(5) Any residential tenant whose household income is low 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:(A) After-rehabilitation rents may not be raised to a level which exceeds twenty-five percent of that household's income for 12 months subsequent to the completion of rehabilitation. A tenant whose income is low or moderate, but refuses to provide the income information necessary to establish rents pursuant to this subparagraph, shall not be eligible for relocation benefits due to an increase in rent in excess of that permitted by this subparagraph. Income surveys to ensure compliance with the requirements of this paragraph and applicable relocation laws shall be completed prior to disbursement of program funds.(B) A residential tenant or household whose income is low or moderate as defined in section 50093 of the Health and Safety Code shall be entitled to all relocation benefits provided pursuant to sections 7260, 7261, 7262, 7264, 7264.5, 7269, 7269.1, 7272, and 7272.3 of the Government Code if such tenant or household is permanently displaced as a direct result of the rehabilitation work.(C) A residential tenant or household whose income is low or moderate as defined in section 50093 of the Health and Safety Code 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 subparagraph on a lump sum basis, the tenant shall be presumed to have waived his or her right to return to the unit upon completion of the rehabilitation.(6) All residential tenants shall be given a notice which specifies their rights pursuant to this subdivision no later than the time of application to the department for program funds. Any tenant's waiver of a right set forth in this subdivision (b) must be in writing and must specify in detail the relocation rights being waived.(7) 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.(8) 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, § 8125
1. New section filed 12-14-90 as an emergency; operative 12-14-90 (Register 91, No. 11). A Certificate of Compliance must be transmitted to OAL by 4-15-91 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of law on 4-16-91.
3. New section filed 7-19-91 as an emergency; operative 7-19-91 (Register 92, No. 16). A Certificate of Compliance must be transmitted to OAL 11-6-91 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-15-91 as an emergency; operative 11-15-91 (Register 92, No. 16). A Certificate of Compliance must be transmitted to OAL 3-16-92 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 11-15-91 order transmitted to OAL 12-12-91 and filed 1-13-92 (Register 92, No. 16). Note: Authority cited: Sections 50406(n), 50884 and 50895, Health and Safety Code. Reference: chapter 16 (commencing with section 7260), division 7, title 1, Government Code; section 50880, Health and Safety Code.
1. New section filed 12-14-90 as an emergency; operative 12-14-90 (Register 91, No. 11). A Certificate of Compliance must be transmitted to OAL by 4-15-91 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of law on 4-16-91.
3. New section filed 7-19-91 as an emergency; operative 7-19-91 (Register 92, No. 16). A Certificate of Compliance must be transmitted to OAL 11-6-91 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-15-91 as an emergency; operative 11-15-91 (Register 92, No. 16). A Certificate of Compliance must be transmitted to OAL 3-16-92 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 11-15-91 order transmitted to OAL 12-12-91 and filed 1-13-92 (Register 92, No. 16).