HomeMy WebLinkAboutRESOLUTIONS-2006-060-R-06•
11 /8/2006
60-R-06
A RESOLUTION
Adopting a Residential Anti -Displacement and Relocation Policy
WHEREAS, the U.S. Department of Housing and Urban Development
(HUD) requires local communities to have a compliant residential anti -displacement
and relocation policy to protect persons displaced as a result of a federally assisted
project or program; and
WHEREAS, the City of Evanston may provide HUD assistance for
acquisition-, rehabilitation-, conversion-, or demolition -related relocation activities; and
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
• EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the "Residential Anti -Displacement,
Replacement Housing and Relocation Assistance Plan" and the provisions
within, attached hereto as Exhibit A, are adopted as policies of the City of
Evanston.
SECTION 2: That this Resolution shall be in full force and effect from
and after its passage and approval in the manner provided by law.
G or
Lo raine H. Morton, Mayor
Attest:
909 OA 4
Mary . M giCity Clerk
Adopted: IV 2006
EXHIBIT A
City of Evanston
60-R-06
•
Community Development Block Grant (CDBG) Program
HOME Investment Partnerships Program (HOME) Program
Residential Anti -Displacement, Replacement Housing and
Relocation Assistance Plan
As a pre -submission requirement when applying for funding through the CDBG
and/or HOME Program, the City is required to develop, make public, and certify that
it is following a Residential Anti -Displacement and Relocation Assistance Plan.
Legislation: Amendments to the Housing and Community Development Act of
1974, coupled with expansion of the Uniform Relocation Act, in 1989, to cover HUD
assisted private development represents the strongest anti -displacement measures
yet to be applied to HUD assisted activities. Additional legislation was passed on
October 28, 1992, the Housing and Community Development Act of 1992. Within
this legislation there was Section 105(b) of the Cranston -Gonzalez National
Affordable Housing Act, which required a HOME participating jurisdiction (PJ) certify
it is following a Residential Anti -Displacement and Relocation Assistance Plan
(Plan) under its HOME Investment Partnerships Program (HOME). This Plan
requires the same actions and provides the same rights as the Plan required for the
Community Development Block Grant (CDBG) Program under Section 104(d) of the
Housing and Community Development Act of 1974, expanded in 1989.
Policy: The Certification and Plan are required even if the HOME or CDBG
assisted projects will not result in the demolition or conversion of a low/moderate-
income dwelling. PJs (e.g., HOME consortia) that are not CDBG grantees must
establish and follow a Plan that meets the requirements of the applicable CDBG
regulation (24 CFR 570.606(c) for local jurisdictions and 570.488(c) for states).
The Plan is divided into three (3) sections and addresses: (1) the City policies to
minimize and avoid displacement of persons from their homes and neighborhoods;
(11) the replacement of any low and moderate income occupiable housing units that
are demolished or converted to another use utilizing CDBG or HOME funding, and
any relocation that is associated with the loss of those housing units; (III)
displacement and relocation subject to the Uniform Act. The following Plan is
intended to address requirements forwritten plans and procedures for displacement
and relocation under both CDBG and HOME. A glossary of common terms, a
summary of the appeal process, and a one -for -one replacement housing template
(for submission to HUD) are attached as Appendices A, B, and C respectively.
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is
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• SECTION I:
STEPS TO BE TAKEN TO MINIMIZE
DISPLACEMENT OF PERSONS FROM THEIR HOMES
The following steps will be taken by the City to avoid or mitigate displacement and
its adverse effects, when deemed necessary.
A. Coordinate code enforcement with rehabilitation and housing assistance
programs.
B. Evaluate housing codes and rehabilitation standards in reinvestment areas to
prevent undue financial burden on established owners and tenants.
C. Stage rehabilitation of apartment units to allow tenants to remain in the
building/complex during and after the rehabilitation, working with empty units
first.
D. Arrange for facilities to house persons who must be relocated temporarily
during rehabilitation.
• E. Priority will be placed on the rehabilitation of housing, as opposed to
demolition, where feasible, to avoid displacement.
F. Property acquisition will be highly selective, targeting only those properties
deemed essential to the success of a project.
G. Priority will be placed on the purchase of unoccupied buildings, if suitable.
When a property must be acquired for a HUD assisted project, efforts will be made
to avoid displacement until the property is actually needed. Additionally, the Citywill
strive to insure that:
A. Acquisition and/or demolition of properties will be timed so as to allow the
maximum amount of time and attention for tenant and owner relocation.
B. Temporary displacement due to rehabilitation will be for as brief a period as
possible.
C. Except in emergency cases, owners and tenants of properties who may be
displaced will be given at least a ninety -day notice offering comparable
• housing prior to being required to move.
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D. In determining whether or not temporary relocation is necessary to facilitate •
rehabilitation of a dwelling unit, the City will consider hardship likely to result
if the person occupies the unit during the process. In certain cases, local
occupancy codes and HUD's regulations on lead -based paint, will require the
occupant to move temporarily.
E. The City will review all claims for relocation assistance in an expeditious
manner. The claimant will be promptly notified of any additional
documentation that is required to support the claim. Payment of the claim
shall commence within thirty (30) days following receipt of documentation to
support claims.
F. If a person demonstrates need for an advance relocation payment in order to
avoid or reduce hardship, the person will be issued the needed portion of the
payment, subject to safeguards as appropriate, to ensure that the objective
of the payment is accomplished.
G. All persons to be displaced as a result of a federally funded activity shall be
offered, at a minimum, relocation advisory assistance as outlined in 49 CFR
Part 24.205, including assistance in filing claims and appeals.
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• SECTION II:
STEPS TO BE TAKEN WHEN LOW- AND MODERATE- INCOME
DWELLING UNITS ARE DEMOLISHED OR CONVERTED TO
ANOTHER USE AS A DIRECT RESULT OF ACTIVITIES ASSISTED
WITH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
(and/or HOME funds when applicable)
A. One for One Replacement Component
The City will replace all occupied and vacant occupiable, low and moderate income
housing demolished or converted to a use other than lower income housing in
connection with a project assisted with funds under the CDBG program and/or the
HOME Investment Partnerships Act. The term "vacant occupiable" means that
although the unit is not occupied, the unit is not infeasible for rehabilitation according
to local economic standards. More on specific requirements for replacement of units is
found at 24 CFR Part 570.606(b)(1) for CDBG and, 24 CFR Part 42, for HOME
assisted projects (Cross References: 24 CFR Parts 91, 92 and 570).
All replacement housing will be provided within three years after the
• commencement of the demolition or conversion. Replacement dwelling units may
include public housing, existing housing receiving project -based Section 8
assistance, vacant units raised from substandard to standard and newly constructed
units within the City.
Before obligating or entering into a contract committing the City to provide funds for
a project that will directly result in demolition or conversion, the City will make public
by publication in a newspaper of general circulation or during a public meeting or
web -site posting, and submit to HUD the following information in writing (see
Appendix C):
1. A description of the proposed assisted project;
2. The address, number of bedrooms, and location on a map of lower income
housing that will be demolished or converted to a use other than as lower
income housing as a result of an assisted project;
3. A time schedule for the commencement and completion of the demolition or
conversion;
4. To the extent known, the address, number of bedrooms and location on a
•
map of the replacement housing that has been or will be provided.
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The source of funding and a time schedule for the provision of the
replacement housing;
The basis for concluding that the replacement housing will remain lower
income housing for at least
10 years from the date of initial occupancy;
7. Information demonstrating that any proposed replacement of housing units
with smaller dwelling units (e.g., a two -bedroom unit with two (2) one -
bedroom units), or any proposed replacement of efficiency or single -room
occupancy (SRO) units with units of a different size, is appropriate and
consistent with housing needs and priorities identified in the approved
Consolidated Plan submitted to HUD.
To the extent that the specific location of the replacement housing and other data in
items 4 through 7 are not available at the time of the general submission, the City
will identify the general location of such housing on a map and complete the
disclosure and submission requirements as soon as the specific data is available.
B. Relocation Assistance Component
The City will provide relocation assistance as described in 24 CFR Part
570.606(b)(2), to each low and moderate income household displaced by the
demolition of housing or by the conversion of a low -moderate income dwelling unit
to another use as a direct result of the HUD assisted activity.
Household may receive assistance as described in 49 CFR Part 24, HUD
regulations implementing the Uniform Relocation Act, if they do not qualify for
assistance under CDBG regulations at 570.606(b)(2).
The Uniform Act is summarized in Part III of this document. A person will not qualify
for Section 104(d) relocation assistance, but retain rights and benefits under the
Uniform Act under two circumstances:
A. The person chooses to become a homebuyer, and the home is not mutual or
cooperative housing.
B. The person is eligible for, and is offered, a Section 8 Housing Voucher but
refuses it in lieu of a cash payment under the Uniform Act.
Under Section 104(d) of the Housing and Community Development Act of 1974
(HCD), as amended, the following is a summary of benefits available to low- and
moderate -income households that are displaced for as a result of demolition or
conversion for a CDBG or HOME assisted project:
•
•
• 1. Moving expenses — subject to the limitations and definitions contained in 49
CFR Part 24, Subpart D, a displaced owner -occupant or tenant of a dwelling
unit is entitled to either:
a. Reimbursement of actual, reasonable moving expenses for the
transportation of themselves and personal property, including
packing, storage (if necessary), and other eligible expenses.
b. A fixed moving expense payment determined according to the
applicable schedule approved by the Federal Highway Administration
based on the number of rooms of furniture.
The schedule can be found online at:
hftp://www.fhwa.dot.gov/realestate/fixsch96.htm
2. Security Deposits/Credit Checks - The reasonable cost of a security deposit
required to rent the replacement dwelling unit, and any credit checks required
to rent or purchase replacement housing.
• 3. Replacement Housing Assistance - Persons are eligible to receive one of the
following two forms of replacement housing assistance under Section 104(d)
of he CD:
a. Each low income person must be offered rental assistance equal to
60 times the amount necessary to reduce the monthly rent plus
utilities for the replacement dwelling (comparable replacement
dwelling or a decent, safe, and sanitary dwelling to which the person
relocates — whichever is less). All or a portion of the assistance may
be offered through the Section 8 Housing Voucher program, if
available, through the local public housing authority (PHA). If no such
assistance through Section 8 is available, the rental assistance shall
be cash, distributed in installments, not to exceed 60 months.
However, if a Voucher is available to offer, and the person chooses a
cash payment, in lieu of a Section 8 Voucher, then the rental
assistance is limited to 42 months (instead of 60).
b. If the person purchases an interest in a housing cooperative or mutual
housing association and occupies a decent, safe and sanitary unit in
the cooperative or mutual housing association, the person may elect
is
to receive a lump sum payment to be used for the purchase. This
lump sum shall be equal to the capitalized value of 60 monthly
am
installments of the amount obtained by subtracting the "Total Tenant •
Payment" from the monthly rent and estimated utility cost at a
comparable replacement dwelling (see definition of comparable).
C. If a person eligible for assistance under Section 104(d) of the Act
elects to purchase a standard home under conventional financing, the
relocation subsidy will be provided in a lump sum. However, the
subsidy is calculated according the Uniform Act, not Section 104(d).
4. Advisory Services — All eligible displaced households shall be provided
appropriate advisory services, including notification of the planned project
with a description of relocation assistance available, counseling, and
referrals to at least one suitable comparable replacement dwelling, but more
than one referral will be sought.
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SECTION III:
STEPS TO BE TAKEN WHEN HUD -ASSISTED
ACQUISITION, REHABILITATION, CONVERSION OR
DEMOLITION CAUSES DISPLACEMENT
(The following "Uniform Act" requirements are applicable to the Community
Development Block Grant Program (CDBG) and the HOME Investment
Partnerships Program)
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended (Uniform Act) provides important protections and assistance for
people affected by the acquisition, rehabilitation, or demolition of real property for
federal or federally funded projects. In compliance with the Uniform Act, the City will
ensure that people whose real property is acquired, or who involuntarily move as a
direct result of projects receiving federal funds, are treated fairly and equitably and
receive assistance in relocating and moving from the property they occupy.
On February 3, 2005, the Uniform Act regulations were amended to incorporate
• further clarifications on the applicability of the Act to federal programs. This Section
incorporates any revisions applicable, as a result of the recently amended Uniform
Act regulations at 49 CFR Part 24.
If, as a direct result of a federally assisted project or activity, it becomes necessary
to relocate persons, they shall be eligible for relocation benefits and services as
outlined below (49 CFR Part 24, Subpart C-E):
A. Permanent Displacement
Moving Expenses - Subject to the limitations and definitions contained in 49 CFR,
Subpart D, a displaced owner -occupant or tenant of a dwelling is entitled to either:
a. Reimbursement of actual, reasonable moving expenses for the
transportation of themselves and personal property, including
packing, storage (if necessary), and other eligible expenses.
OR
b. A fixed moving expense payment determined in according to the
applicable schedule approved by the Federal Highway Administration
• based on the number of rooms of furniture. The current schedule can
be found online at: http://www.fhwa.dot.gov/realestate/fixsch96.htm
•
Advisory Services - as outlined in 49 CFR Part 24, Subpart C, including notification
of the planned project with a description of protections, rights, and relocation
assistance available. Advisory services include counseling and referrals to
comparable replacement housing, filing of claims and referrals to other agencies for
assistance, as deemed appropriate.
Replacement Housing Assistance — Subject to the limitations of 49 CFR Part 24
Subpart E of the Act, a displaced owner -occupant or tenant is eligible for one of the
following replacement housing payments:
a. One Hundred Eighty (180) -Day Homeowner -Occupant
If the person has actually owned and occupied the displacement
dwelling for not less than one hundred eighty (180) days prior to
the initiations of negotiations to acquire the property for a project,
and occupies a replacement dwelling within one year, the person
is eligible for a replacement housing payment which represents
the combined cost of (1) the differential amount, (2) increased
interest costs, and (3) reasonable incidental expenses (including
professional home inspection) as outlined in the Uniform Act
regulations in 49 CFR Part 24, Section 24.401; •
•;
If the person is eligible for assistance under this section but elects
to rent a replacement dwelling within one year (instead of
purchase again) the person will be eligible for a rental assistance
payment (RAP) computed in accordance with Section
24.401(a)(2)(ii), as below. However, the RAP cannot exceed what
the homeowner would have been entitled to under a 180-day
homeowner calculation.
b. Ninety (90) -Day Occupants (homeowners and tenants)
A tenant occupying a rental unit for more than ninety (90) days (or a
homeowner -occupant who elects to rent after displacement) is eligible
for one of the two types of payments below.
Rental Assistance payments are computed differently for low income
and non -low income persons in the following manner:
Low income (persons below 80% of the median family income as •
determined by HUD)
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•
1) The lessor of the monthly cost of rent and utilities for a
comparable replacement dwelling, or the monthly cost of rent
and utilities for a decent, safe and sanitary unit the person
actually moves into.
2) The lessor of thirty percent (30%) of the person's anticipated,
average, gross household income, or the monthly cost of rent
and utilities at the displacement dwelling (old unit).
3) Line (1) above, minus Line (2) above.
4) Forty-two times the amount from Line (3) = the payment.
Non -Low Income (persons above eighty percent (80%) of the
median family income as determined by HUD)
1) The lessor of the monthly cost of rent and utilities for a
comparable replacement dwelling, or the monthly cost of rent
and utilities for a decent, safe and sanitary unit the person
actually moves into.
• 2) The monthly cost of rent and utilities at the displacement
dwelling, which is the old unit.
3) Line (1) above, minus Line (2) above.
4) Forty-two times the amount from Line (3) = the payment.
Down Payment Assistance
For a renter electing to purchase a home, assistance is calculated as
the amount the person would receive under paragraph (b) above.
Security Deposits/Credit Checks
Security deposits are not an eligible expense under the Uniform Act, as a
grant or subsidy, unless it is distributed as a repayable loan. However, a
person can choose to use a portion of a replacement housing payment
(an advance on the claim) to secure a replacement unit.
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60-R-06
Credit checks are eligible if a person chooses actual, reasonable
expense reimbursement, but not under a fixed schedule for moving
allowance.
Housing of Last Resort
While there are caps on rental ($5,250) and homeowner ($22,500) payments under
the Uniform Act regulations, Subpart E, these caps shall be exceeded or other
appropriate measures will be taken to insure that all displaced persons are able to
occupy comparable, decent, safe and sanitary housing after displacement. The City
will take appropriate measures under the "Housing of Last Resort" provisions
discussed within the regulations at Subpart E, 49 CFR Part 24.404. These
measures may include, but are not limited to, the following:
1) Rehabilitation of and/or additions to an existing replacement dwelling;
2) Construction of a new replacement dwelling; or
3) Payment of a replacement housing payment in excess of the
prescribed caps as set forth within 49 CFR Part 24, Subpart E.
B. Temporary Displacement
If the City determines that it is necessary to temporarily relocate tenants in a
building being rehabilitated, the tenant is eligible for:
1) Referral to decent, safe, and sanitary temporary housing;
2) Reasonable, actual moving expenses;
3) Any increase in housing costs for the time the person is away from
the building, including any increase in rent and utilities; and
4) Utility disconnects and reconnects, as necessary.
In no case will tenants be required to relocate for a period to exceed twelve months.
If the time away from a unit exceeds one year, the tenants shall be contacted and
offered the choice to wait longer, or be treated as a permanently displaced person
and as such, will be provided full coverage and assistance as a permanently
displaced tenant under the Uniform Act.
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• C. Payment Standards
The City will decide who is responsible for payment of eligible costs and, whether
the project sponsor has the capacity to undertake either temporary or permanent
relocation. Written agreement will be made between project sponsors, property
owners and the City prior to any displacement, stating who will be responsible for
each portion of implementing the actions outlined in this Plan, and who will
undertake the relocation duties.
The City will insure that relocation payments to persons are provided in a timely
manner. If a payment is for homeownership (after displacement) the payment shall
be provided in a lump sum, upon verification of a firm contract for purchase. If the
payment is for renting, lump sum payments are prohibited, and must be made in
installments.
D. Commercial, Business or Nonprofit Displacement
The definition of "displaced person" under the Uniform Act also includes coverage,
protections, and assistance for commercial, business, and nonprofit entities that
must be displaced for a federally assisted project (49 CFR Part 24, Subpart B).
• Assistance under the Uniform Act for commercial, business or nonprofit agencies is
provided in the form of:
•
a. Advisory services,
b. Actual, reasonable moving and related expenses OR a fixed payment
in -lieu of actual expenses, and
C. Assistance in re-establishing the business or agency, limited to a
maximum of $10,000.
E. Illegal Aliens
In general, illegal aliens are not eligible for, or entitled to relocation benefits under
the Uniform Act. In cases where there are one or more legal residents in the
household, benefits can only be provided on a pro-rata basis, and only if it
determined that displacement would cause an extreme hardship if the assistance is
not provided (49 CFR 24.208).
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F. Relocation Benefit Waivers •
The City may not propose or request that a displaced person sign any waiver of
Uniform Act benefits (49 CFR 24.207(f)). The displaced person must be advised of
the assistance to which they are entitled. The City may accept a written refusal of
assistance from a displaced person.
G. Other General Requirements - Claims for Relocation Payments
There are additional requirements under 49 CFR Part 24.403 governing
replacement housing payments, as follows:
a. Comparable Replacement Dwellings
To the extent feasible, comparable replacement dwellings shall be selected from the
neighborhood in which the displacement dwelling was located or, if that is not
possible, in nearby or similar neighborhoods where housing costs are generally the
same or higher.
b. Multiple Occupants of One Displacement Dwelling
If two or more occupants of the displacement dwelling move to separate •
replacement dwellings, each occupant is entitled to a reasonable prorated share, as
determined by the City, of any relocation payments that would have been made if
the occupants moved together to a comparable replacement dwelling. However, if
the City determines that two or more occupants maintained separate households
within the same dwelling, such occupants have separate entitlements to relocation
payments.
C. Deductions from Relocation Payments
An Agency shall deduct the amount of any advance relocation payment from the
relocation payment(s) to which a displaced person is otherwise entitled. The Agency
shall not withhold any part of a relocation payment to a displaced person to satisfy
an obligation to any other creditor.
d. Inspection of Replacement Dwelling
Before making a replacement housing payment or releasing the initial payment from
any escrow, the City or its designated representative shall inspect the replacement
dwelling and determine whether it is a decent, safe, and sanitary dwelling, as
defined at 49 CFR 24.2(a)(8). As a result of recent amendments to the Uniform Act,
local housing standards and building codes are to be emphasized in making the •
determination under this part.
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• e. Occupancy Requirements for Displacement or Replacement
Dwelling
No person shall be denied eligibility for a replacement housing payment solely
because the person is unable to meet the occupancy requirements set forth in
these regulations for a reason beyond his or her control, including:
(1) A disaster, an emergency, or an imminent threat to the public
health or welfare, as determined by the President, the Federal Agency funding the
project, or the displacing Agency; or
(2) Another reason, such as a delay in the construction of the
replacement dwelling, military dusty, or hospital stay, as determined by the City.
f. Conversion of Payment
A displaced person who initially rents a replacement dwelling, and receives a rental
assistance payment under Sec. 24.402(b), is eligible to receive any remaining
payment in a lump sum, if the person meets the eligibility criteria for such payments.
To convert a payment to homeownership assistance, a person must purchase and
occupancy a unit within the prescribed 1-year period. Any portion of the rental
• assistance payment that has been disbursed shall be deducted from the payment
computed.
•
g. Payment After Death
A replacement housing payment is personal to the displaced person and upon his
or her death the un-disbursed portion of any such payment shall not be paid to the
heirs or assigns, except that:
(1) The amount attributable to the displaced person's period of
actual occupancy of the replacement housing shall be paid.
(2) Any remaining payment shall be disbursed to the remaining
family members of the displaced household in any case in
which a member of a displaced family dies.
(3) Any portion of a replacement housing payment necessary to
satisfy the legal obligation of an estate in connection with the
selection of a replacement dwelling by or on behalf of a
deceased person shall be disbursed to the estate.
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h. Insurance Proceeds
To the extent necessary to avoid duplicate compensation, the amount of any
insurance proceeds received by a person in connection with a loss to the
displacement dwelling due to a catastrophic occurrence (fire, flood, etc.) shall be
included in the acquisition cost of the displacement dwelling when computing the
price differential. (See Sec. 24.3.)
i. No Duplication of Payments
There is a prohibition against the City making a payment to a person under the
Uniform Act regulations that would duplicate another payment the person receives
under Federal, State, or local law. The City is not required to conduct an exhaustive
search for such other payments; it is only required to avoid creating a duplication
based on the (jurisdiction's) knowledge at the time a payment is computed.
j. Expeditious Payments
•
The City shall review claims in an expeditious manner. The claimant shall be
promptly notified as to any additional documentation that is required to support the
claim. Payment for a claim shall be made as soon as feasible following receipt of
sufficient documentation to support the claim. .
k. Advanced Payments
If a person demonstrates the need for an advanced relocation payment in order to
avoid or reduce a hardship, the City may issue the payment, subject to such
safeguards as are appropriate to ensure that the objective of the payment is
accomplished.
I. Time for Filing
All claims for a relocation payment shall be filed with the City no later than 18
months after the date of displacement. The City may waive this time period for
good cause.
M. Notice of Denial of Claim
If the City disapproves all or part of a payment claimed or refuses to consider the
claim on its merits because of untimely filing or other grounds, it shall promptly
notify the claimant in writing of its determination, the basis for its determination, and
the procedures for appealing that determination. •
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• n. Expenditure of Payments
•
•
Payments, provided pursuant to this part, shall not be considered to constitute
Federal financial assistance or income for the purposes of reporting such as income
to the Internal Revenue Service.
o. Unlawful Occupant (squatters)
A person who occupies without property right, title or payment of rent, or a person
legally evicted, with no legal rights to occupy a property under State law. A City, at
its discretion, may consider such person to be in lawful occupancy.
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•
APPENDIX A
GLOSSARY OF TERMS
Below are common terms used in the attached Plan. For a complete list of terms
and definitions used in the Uniform Act, please see 49 CFR Part 24.2.
For a complete list of definitions and terms under Section 104(d) of the Housing and
Community Development Act, please see 24 CFR Part 42.305.
Displacing Agency. The term displacing Agency means any Federal Agency
carrying out a program or project, and any State, State Agency, or person carrying
out a program or project with Federal financial assistance, which causes a person to
be a displaced person.
Comparable Replacement Dwelling. The term comparable replacement dwelling
means a dwelling, which is:
♦ Decent, safe and sanitary.
♦ Functionally equivalent to the displacement dwelling. •
♦ Adequate in size to accommodate the occupants.
♦ In an area not subject to unreasonable adverse environmental
conditions.
♦ In a location, not less desirable, than that of the displaced person's
dwelling.
♦ On a site that is typical in size for residential development with normal
site improvements, including customary landscaping.
♦ Currently available to the displaced person on the private market
except for a person receiving government housing assistance before displacement,
a dwelling can reflect similar government housing assistance.
♦ Within the financial means of the displaced person.
Decent, Safe, and Sanitary Dwelling. The term decent, safe, and sanitary
dwelling means a dwelling, which meets local housing and occupancy codes.
However, any of the following standards, which are not met by the local code, shall •
C".
• apply unless waived for good cause by the Federal Agency funding the project. The
dwelling shall:
♦ Be structurally sound, weather tight, and in good repair.
♦ Contain a safe electrical wiring system for lighting and other devices.
♦ Contain a heating system capable of sustaining a healthful
temperature (of approximately 70 degrees) for a displaced person, except in those
areas where local climatic conditions do not require such a system.
♦ Be adequate in size with respect to the number of rooms and area of
living space needed to accommodate the displaced person included in local housing
codes or in the absence of local codes, the policies of Agencies.
♦ Contains unobstructed egress to safe, open space at ground level;
and
♦ For displaced persons with a disability, be free of any barriers, which
would preclude reasonable ingress, egress, use of the dwelling by such person.
• Displaced Person. The term displaced person means any person who moves from
the property or moves his or her personal property from the property.
(A) As a direct result of a written notice of intent to acquire, the initiation of
negotiations for, or the acquisition of, such property in whole or in part for a HUD
assisted project;
(B) As a direct result of rehabilitation or demolition for a project; or
(C) As a direct result of a written notice of intent to acquire, or the acquisition,
rehabilitation or demolition of, in whole or in part, other real property on which the
person conducts a business or farm operation
Persons Not Displaced. The following is a nonexclusive listing of persons who do
not qualify as displaced persons under this part:
(A) A person who moves before the initiation of negotiations, unless the Agency
determines that the person was displaced as a direct result of the program
or project.
(B) A person who initially enters into occupancy of the property after the date of
• its acquisition for the project when fully informed of the project and any
displacement prior to occupancy.
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•
(C) A person who has occupied the property for the purpose of obtaining
assistance under the Uniform Act.
(D) A person who is not required to relocate permanently as a direct result of a
project. However, temporary relocation must be carried out in accordance with the
Uniform Act.
(E) An owner -occupant who moves as a result of voluntary acquisition as
described in Sec. 24.101 of the Act, or as a result of rehabilitation or demolition of
property. (However, the displacement of a tenant as a direct result of any
acquisition, rehabilitation or demolition for a federally -assisted project is subject to
the Uniform Act and implementing regulations).
(G) A person who, after receiving a notice of relocation eligibility, is notified in
writing that he or she will not be displaced for a project. Such written notification
cannot be issued unless the person has not moved and the Agency agrees to
reimburse the person for any expenses incurred to satisfy contractual relocation
obligations entered into after the effective date of the notice of relocation eligibility
(H) An owner -occupant who conveys his or her property, as described after being
informed in writing that if a mutually satisfactory agreement on terms of the •
conveyance cannot be reached, the Agency will not acquire the property. In such
cases, however, any resulting displacement of a tenant is subject to the Uniform Act
regulations.
(1) A person who retains the right of use and occupancy of the real property for
life following acquisition by the Agency.
(J) A person who is determined to be in unlawful occupancy prior to or after the
initiation of negotiations, or a person who has been evicted for cause, under
applicable law, as provided for in Sec. 24.206. However, advisory assistance may
be provided to unlawful occupants at the option of the Agency in order to facilitate
the project;
(L) A person who is not lawfully present in the United States and who has been
determined to be ineligible for relocation assistance in accordance with
Sec. 24.208.
(M) Tenants required to move as a result of the sale of their dwelling to a person
using down payment assistance provided under the American Dream Down
Payment Initiative (ADDI).
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• Program or Project. The phrase program or project means any activity or series
of activities undertaken by a Federal Agency or with Federal financial assistance
received or anticipated in any phase of an undertaking.
Uniform Act (URA). The term Uniform Act means the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (Pub. L. 91-646, 84
Stat. 1894; 42 U.S.C. 4,601 et seq.), and amendments thereto.
Voluntary Acquisition. The requirements of Subpart B of the Uniform Act do not
apply to acquisitions that meet all of the following conditions in paragraphs (b)(1)(i)
through (iv):
(i) No specific site or property needs to be acquired, although the Agency
may limit its search for alternative sites to a general geographic area. Where an
Agency wishes to purchase more than one site within a general geographic area on
this basis, all owners are to be treated similarly. (See appendix A,
Sec. 24.101(b)(1)(i).)
(ii) The property to be acquired is not part of an intended, planned, or
designated project area where all or substantially all of the property within the area
is to be acquired within specific time limits.
• (iii) The Agency will not acquire the property if negotiations fail to result in
an amicable agreement, and the owner is so informed in writing.
•
(iv) The Agency will inform the owner in writing of what it believes to be
the market value of the property. (See appendix A, Sec. 24.101(b)(1)(iv) and (2)(ii)
of the Uniform Act regulations)
NOTE: If an acquisition does not meet the above criteria, it is subject to full
acquisition requirements 49 CFR part 24 Subpart 8
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APPENDIX B
APPEALS
The City will promptly review appeals in accordance with the requirements of
applicable law and 49 CFR Part 24.10 of the Uniform Act regulations.
Any person who believes he/she has been displaced for a federally assisted project
may file a written appeal with the City that is administering the grant funds under
CDBG and HOME. If a person believes that the City has failed to properly consider
the person's application for assistance under the Uniform Act or Section 104(d) of
the Housing and Community Development Act, by denying benefits, an appeal
should be sent to, and will be reviewed by, the City. Please contact the City if you
wish to discuss an appeal at:
Contact person:
James Wolinski
Community Development Director
2100 Ridge Avenue
Evanston, Illinois 60201
(847) 866-2931
Assistance, or lack thereof, that can be appealed may include the person's eligibility
for, or the amount of, payments required for moving, replacement housing or
commercial re-establishment.
The City shall consider written appeals regardless of form. The City may set a
reasonable time limit for a person to file an appeal. The time limit shall not be less
than sixty (60) days after the person receives written notification of the Agency's
determination on the person's claim.
A person has a right to be represented by legal counsel or other representative in
connection with his or her appeal, but solely at the person's own expense.
The City shall permit a person to inspect and copy all materials pertinent to his or
her appeal, except materials which are classified as confidential. The imposition of
reasonable conditions on the person's right to inspect, consistent with applicable
laws, will be set.
•
•
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Al ' $ V,
• In deciding an appeal, the City will consider pertinent justification and material
submitted by the person, to ensure a fair and full review of the appeal. Promptly
after receipt of all information submitted by a person in support of an appeal, the
City shall make a written determination on the appeal, including an explanation of
the basis on which the decision was made, and furnish the person a copy.
•
If the full relief is not granted, the City shall advise the person of his or her right to
seek judicial review of the decision. The City official conducting the review of the
appeal shall be either the head of the Agency or his or her authorized designee.
However, the official cannot be directly involved in the action appealed. If the
displaced person is still not in agreement with the determination, the person shall be
directed to the local HUD office attention: Maureen Thurman, Relocation Specialist
in Community Planning and Development for a review of the appeal and
determination.
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APPENDIX C •
One for One Replacement Plan
Section 104(d) of the Housing and Community Development
Act of 1974, as amended
City of Evanston
This form, Appendix C, is for submittal to HUD before obligating HOME or CDBG
funds to demolish low and moderate income dwelling units or conversion of units
to another use.
Summary
The City is submitting this Housing Replacement Plan for (CDBG) or (HOME)
assisted activities that will precipitate the need to replace housing available to low
and moderate income persons.
HUD regulations at 24 CFR Part 42, Subpart 3 require that a jurisdiction submit (to
HUD) information on the demolition, rehabilitation or conversion of housing units that
will make a unit unaffordable or unavailable to low and moderate income persons.
Reporting and Disclosure
•
Before the City executes a contract for any activity that would create the need for
one -for -one replacement, we made this Plan public and are submitting it to HUD for
monitoring purposes. The City made this Plan public by:
Newspaper advertisement (notice attached)
Public Meeting (notice attached)
As minutes from official government hearings (attach minutes), or
Other (explain)
Plan for Replacement of Units no Longer Available as Affordable Housing Stock
Description of the activity. -
Location on a map and number of units to be demolished/converted:
Schedule for completion of demolition or conversion:
Location on map and number of replacement units:
•
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•
Source of funding and timing for replacement of units:
Basis for determining replacement units will remain affordable forat least ten (10) years:
Justification for replacing larger units with smaller units (if applicable):
These charts may be used for submittal to HUD along with other required
documentation when the City will be demolishing or converting units that will trigger
replacement.
A. Units demolished/converted:
Unit Size
2005
2006
2007
TOTALS
1 bedroom
0
0
0
0
2 bedroom
0
0
0
0
3 bedroom
0
0
0
0
4 bedroom
0
0
0
0
5 bedroom
0
0
I 0
0
TOTALS
B. Timing provided for the replacement units:
REPLACEMENT UNIT TIME -LINE
Unit Size
2004
2005
2006
2007
TOTALS
1 bedroom
0
0
0
0
0
2 bedroom
0
0
0
0
0
3 bedroom
0
0
0
0
0
4 bedroom
0
0 i
0
0
I 0
5 bedroom
0
0 I
0
0
I 0
TOTALS
0
0
0
0
Replacement units may be provided one (1) year prior to contract for
demolition/conversion, and up to three (3) years after.
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