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HomeMy WebLinkAboutRESOLUTIONS-1985-003-R-853-R-85 i Creating a Displacement Strategy Directed Toward the Mitigation of Involuntary Displacement of Evanston Residents in the Implementation of the 1985-86 • �� Community Development Block Grant Program j WHEREAS, the Congress of the United States did pass the Housing and i Community Development Act of 1974, which is known as Public Law 93-383 and I! i� was amended by Pub. L 95-557, Pub. L 96-399, and Pub. L 97-35; and I, �i , WHEREAS, Title I of the Act makes block grants available for certain ;i housing and community development activities; and I� WHEREAS, the City of Evanston is an "entitlement City" by definition i! of said Act, and as such, is eligible for grant funds; and III' i WHEREAS, the City of Evanston must certify that, prior to the • �� submission of its application to the Department of Housing and Urban I� Development, it has met certain citizen participation requirements, as out- • ii !; lined in Subpart D § 570.301(a)(2) in the Community Development Block Grant ji Rules and Regulations; and , i �I WHEREAS, said Rules and Regulations include a provision in Subpart i i D requiring that the City of Evanston develop, adopt, make public and im- plement a statement of local policy indicating the steps that will be taken �j to minimize displacement and mitigate any adverse effects on low and moderate j! income households in Evanston; and WHEREAS, such a strategy has been developed, by evaluating which i� Community Development Block Grant program activities may result in residen- ij tial displacement; and WHEREAS, the City of Evanston, in an effort to assure community participation in the development and implementation of the Displacement Strategy did hold a public hearing on December 11, 1984 to receive citizen comments on the Strategy's content; and {IN • • 3-R-85 i .. WHEREAS, the City's Housing and Community Development Act i Committee did approve said Displacement Strategy at its meeting on E December 11, 1984; i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, that the attached Displacement Strategy ` marked as Exhibit A, attached hereto and incorporated herein by reference, is hereby approved and the City Manager is hereby directed to carry out i said strategy. I� ! iI I i i ATTEST: City Clerk i 1 i ADOPTED: I' i j� it i ii ii Ij i , 1984 Mayo EXHIBIT A • CITY OF EVANSTON COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM . DISPLACEMENT STRATEGY As_a presubmission requirement when applying for entitlement funding through the Community Development Block Grant (CDBG) program, the City must develop, adopt, make public and implement a statement of local policy indica- ting the steps that will be taken to minimize involuntary displacement of persons from their homes and neighborhoods. The federal displacement provi- sions require that if an individual, family or business is displaced as a result of the acquisition of property financed through a federally funded project, they be provided financial and technical assistance in securing comparable, decent, safe and sanitary replacement housing which is adequate to meet their needs. Additionally, the strategy must also address the adverse effects of such displacement on low and moderate income (LMI) households and the steps to be taken to minimize those effects on said households. The follow- ing strategy is intended to address the above requirements. I. ASSURANCES WITH RESPECT TO ACQUISITION AND DISPLACEMENT The U.S. Department of Housing and Urban Development (HUD) requires the City to make several assurances with respect to any project which may lead to the displacement of.persons as a result of the acquisition of real property. To this effect, the City will: • A. Carry out the policies and procedures of the Uniform Relocation and Real Property Acquisition Policies Act (Uniform Act) in a manner that insures that the acquistion and relocation processes do not result in different or separate treatment to persons on account of race, color, religion, sex, national origin, or source of income; B. Assure that, within a reasonable period of time prior to displacement, comparable replacement dwellings (as defined at 24 CFR § 42.45 in the Uniform Act) will be available to all displaced families and individuals; C. Carry out relocation services in a manner that will promote maximum choice in housing, lessening of racial, ethnic and economic concentra- tions, and that will facilitate desegration and racially inclusive patterns of occupancy and use of public and private facilities; and, D. Inform affected persons of their rights under the policies and pro- cedures set forth under the "Uniform Act" and the Civil Rights Acts of 1964 and 1968. II. AVOIDING DISPLACEMENT AND/OR MITIGATING ADVERSE EFFECTS The following general steps will be taken by the City to avoid displacement or to mitigate its adverse effects if it is deemed necessary. (More specific actions for each individual CDBG activity are included with each individual activity's program guidelines attached as Appendices to this document). • A. Property acquision will be highly selective, targeting only those properties deemed essential to the success of the project. B. Priority will be placed on the purchase of unoccupied buildings; if a suitable, unoccupied site cannot be found, priority will be given to purchasing an occupied property from a willing seller. C. When a property must be acquired quickly for whatever reason, efforts will be made to avoid displacement until the property is actually needed. D. The acquisition and/or demolition of properties will be timed so as to allow the maximum amount of time for tenant or owner reloca- tion. E. Temporary displacements will be for as brief an amount of time as is possible. F. Except in emergency cases, owners or tenants of properties who may be displaced will be given at least a ninety -day notice prior to being required to move. G. In determining whether or not temporary relocation is necessary to facilitate the rehabilitation of a dwelling, the City will consider any hardships likely to result if the person occupies the property during the rehabilitation process. • H. The City shall review all claims for relocation assistance in an expeditious manner. The claimant shall be promptly notified as to any additional documentation that is required to support his/her claim. Payment of the claim will be made within 30 days following receipt of sufficient documentation to support the claim. • I. If a person demonstrates the need for an advance relocation payment in order to avoid or reduce a hardship, the City will issue the pay- ment, subject to such safeguards as are appropriate,to ensure that the objective of the payment is accomplished. J. All persons to be displaced shall be offered relocation assistance advisory services as outlined in 24CFR § 42.211 and § 42.213 of the Uniform Act. MM • III. CDBG PROGRAM ACTIVITIES POSSIBLY RESULTING IN DISPLACEMENT The following CDBG-funded activities for fiscal year 1985/86 (and prior year activities,if carried over) could lead to the displacement of families, individuals or businesses as the result of the acquisition, demolition, or rehabilitation of real property. In addition to the aforementioned steps/poli- cies in Parts I and II, the City intends to take other special measures to avoid displacement or mitigate its adverse effects; these special measures (where applicable) are addressed in each individual activity's program guide- lines (attached as Appendices A-C to this document). Although the CDBG regula- tions require that the City consider displacement resulting only from acquisi- tion of real property, the regulations also require that the City consider the impact on LMI persons of any required relocation, be it as a result of acquisition or other conditions; therefore, the following special actions will be taken under each activity to minimize the impact on LMI persons. A. ACTIVITIES INVOLVING ACQUISITION OR ACQUISITION/RELOCATION 1. Congregate Housing for the Elderly (Y10) A total of $40,000 has been allocated to this activity for FY 1984/85. These funds are intended to be used to purchase real property for the pur- pose of establishing a congregate housing facility for the elderly. If an occupied site, owned by a willing seller, is purchased and the seller is elderly and otherwise eligible to.participate in the congregate facility, the individual(s) will be given priority for occupancy in the facility. • 2. Downtown II Acquisition Fund (Y9) A total of $200,000 was set aside for property acquisition in the Downtown II project area. The funds are to be used to acquire those properties which have the highest redevelopment potential. If a property to be ac- quired is occupied for a residential or commercial use, every effort will be made to avoid acquisition until the property is actually needed for redevelopment purposes. 3. Demolition and Clearance (Y 6, 7 & 9) Approximately $13,000 remains in this account from previous year allocation. Funds have been and will be used for the purposes of demolishing dilapidated structures and clearing the remaining lots. Since the structures are vacant, no relocation} assistance should be necessary. However, in the rare case .that a structure is occupied, Uniform Act relocation assistance provisions will apply. 4. Acquisition of Real Property (Y8) Approximately $44,000 remains in this account from the fiscal year 1982/83 allocation. At this time, there are no planned projects under consideration for expenditure of the funds. If a project is formulated, Uni- form Act Acquisition and Relocation provisions will apply. 5. Custer Avenue Street Paving (Yll) Assuming this activity re- ceives CDBG funding for FY 1985/86, funds are proposed to be used to pave Custer Avenue south of Greenleaf to a width of • 20 feet with curb and gutters, install necessary drainage struc- tures, and purchase property for the construction of a cul-de- sac at the south end of the existing right-of-way. It is antici- pated that there will be no displacement of persons by the land acquisition. Unform Act policies would be followed for the acquisiriel- cf the rrprprry. • B. ACTIVITIES POSSIBLY INVOLVING RELOCATION ONLY 1. Multi -Family Housing Rehabilitation (Y5,6, 10, 11) As of October 1, 1984, a total of nearly $189,000 is available for this activity, based on the assumption that $37,000 will be allocated in the 1985/86 program year and that $152,000 remains from previous grant years. No permanent displacement is anticipated as a result of the activity; however, temporary relocation.may occur in instances where it becomes necessary for a tenant to vacate his/her unit on a temporary basis (not to exceed one year) to enable the landlord to complete the rehab of the tenant's unit. Under these circumstances (and as addressed in the program's guidelines), tenants will be eligible for reimbursement of costs as outlined in Appendix A. The City will be responsible for determining, within the program's guidelines, who would be re- sponsible for payment of the eligible costs. Priority for rehab assistance will be given to those projects which involve the least amount of temporary and/or permanent relocation. 2. Single -Family Housing Rehabilitation (Y8, 9, 10, 11) As of October 1, 1984, approximately $487,000 is available from pre- vious program years for this activity. Assuming $75,000 will be allocated from the 1985/86 program budget, the total avail- able allocation should be approximately $562,000. If owner - occupants voluntarily agree'to move for a temporary period in order to carry out the rehabilitation of their homes, and the City does not acquire the property or require the owner to move from the property, then no relocation assistance is required to be paid. However, as a City policy, if the City does require the owner to temporarily relocate, he/she will be eligible for the payment of temporary housing costs during the period of relocation as addressed in Appendix B attached. 3. Multi -Family Inspections (Yll) It is assumed that $44,000 will be available in FY 1985/86 for this activity. If temporary relocation .is necessary for the correction of code violations found during the inspections, and the relocation is for not more than a period of five (5) consecutive days, then no dis- placement is considered to have taken place. It is the City's policy, however, that if the period is for more than five days, and the tenant meets the eligibility requirements as outlined in Appendix C attached, then the tenant shall be eligible for the payment of costs as outlined in Appendix C. 4. Code Enforcement/Citizen Involvement (Tenants Organization of Evanston - T.O.E.) (Yll) Under this activity, T.O.E. is pro- posing to assist tenants in conducting a self -evaluation of their apartment unit. If the self -inspection reveals any code violations, the City's Property Standards Inspector will be contac- ted and arrangements will be made for a qualified inspector to tour the apartment unit. It is assumed that a fiscal year 1985/86 budget • of $10,000 will be allocated for this project. The same temporary relocation provisions as outlined under the Multi -Family Inspec- tion activity shall apply to this activity when correction of code violations occurs. IV. RELOCATION POLICIES AND PROCEDURES • If, as a result of a CDBG-funded project, it becomes necessary to re- locate persons (either temporarily or permanently) and they meet the guidelines as contained herein and in the attached Appendices, then they shall be eligible for relocation costs as outlined below. A. 014NER-OCCUPIED PROPERTIES 1. Temporary Relocation - If an owner -occupant voluntarily agrees to move for a temporary period in order to carry out the re- habilitation of the real property, and the City does not acquire the property or require the owner to move from the property, then no displacement shall have occured and no re- location assistance is necessary. However, if the owner otherwise meets the eligibility requirements as outlined in the specific program guidelines (see Appendices) then he/she may be eligible for the temporary relocation costs as speci- fied in those guidelines. 2. Permanent Displacement - If an owner -occupant is displaced per- manently, as a result of the acquisition of his/her real prop- erty, the owner shall be eligible for relocation assistance under the Uniform Act as outlined below. a. Moving Expenses - Subject to the limitation and definitions contained in 24CFR § 42.303, a displaced owner -occupant is entitled to either: • i. Reimbursement of actual reasonable expenses for the transportation of themselves and their personal prop- erty, including packing, storage (if necessary), insur- ance, and other eligible expenses - OR - ii. A fixed payment not. to exceed $300 for moving expenses and a dislocation allowance of $200. b. Replacement Housing Payments - Subject to the limitations and definitions contained in 24CFR § 42.401 - 42.409 of the Act, a displaced owner -occupant is eligible for only one of the following replacement housing payments: i. If the person has actually owned and occupied an ac- quired dwelling for not less than 180 days prior to the initiation of negotiations and he/she purchases and occupies a replacement dwellling within one year after the date he/she receives final payment for the acquired dwelling or the date he/she moves (whichever is later), then the person shall be eligible for an amount not to exceed $15,000, which represents the combined cost of (1) the differential amount; (2) in- creased interest hosts; and (3) incidental costs (as defined at24.CFR § 42.403). ii. If the homeowner does not qualify for the above -re- placement housing payment, and elects to rent rather than purchase his/her replacement dwelling, he/she may be eligible to receive a payment up to but not to exceed S4,000 for rental assistance (as defined at 24CFR § 42.453). • iii. If the homeowner does not qualify for the 130-day re- placement housing payment and elects to purchase his/her replacement dwelling, he/she may be eligible to receive a payment up to but not to exceed $4,000 for downpayment assistance. Such payment (as outlined at 24 CFR § 42.455) shall be the full amount of the first $2,000 of the required downpayment and incidental expenses plus one- half of any amount required over $2,000, up to the maxi- mum $4,000. B. REENTER -OCCUPIED PROPERTIES 1. Code -Related Temporary Relocations - If temporary relocation (not to exceed five (5) consecutive days) is required in order to permit fumigation or other code enforcement work under the City's Multi- family Code Enforcement Program, and the property is not acquired with CDBG funds, then no displacement shall have taken place; if for more than five days, then the tenant may be eligible for relocation benefits as outlined in Appendix C. 2. Temporary Relocations Under a "Notice to Continue in Occupancy" If a tenant is permitted to continue in occupancy of a dwelling that is to be purchased with CDBG funds in accordance with 24 CFR § 42.207 of the Uniform Act, then he/she is not considered a displaced person under the Act. A "Notice to Continue in Occupancy" will be issued to the tenant, and he/she will be per- mitted to continue in occupancy if the following conditions are • met: a. The tenant shall have the right to lease and occupy a dwel- ling (either the current dwelling or a comparable dwelling within the same building or nearby building located on the same site) for a period of four (4) years; b. The tenant's monthly housing costs for the four-year period shall not exceed 25% of his/her gross income OR the current fair market rent, whichever is lesser; c. The tenant shall not be required to move from his/her dwel- ling other than for cause OR unless the move is necessary to carry out the project. If a movefis required (as deter- mined by the City), the tenant is entitled to: (1) not more than one move; (2) temporary relocation not longer than twelve months;(3) a decent and convenient replacement dwel- ling; and (4) the reimbursement of actual moving costs [see IV (A)(2)(a) of this document) and any increase in monthly housing costs incurred for the period of temporary relocation. (Increased housing costs are defined at 24CFR § 42.67 of the Act.) The City will determine, as outlined within individual program guide- lines (such as the attached Appendix A for the City's Multi -Family Rehab program), the amount of and responsibility for payment (land- lord or City).of any temporary relocation costs. 3. Permanent Relocations - All permanent tenant relocations shall follow the Uniform Act provisions. Tenants shall be eligible for the following cost reimbursements: - 6 -- • a. Moving costs outlined in § IV (A) (2) (a) of this document; and either a b. Rental Assistance Payment as outlined in § IV (A) (2) (b) (ii) ; -or- c. Downpayment Assistance Payment as outlined in § IV (A)(2)(b)(iii) of this document. In general, tenants will be considered permanently displaced, and be eligible for benefits as outlined above, if the following conditions. are met: -The tenant is issued a "Notice of Displacement" and is required to permanently.vacate the unit; or -The tenant is issued a "Notice to Continue in Occupany" (as outlined in 24 CFR § 42.207 of the Act) and the conditions of that Notice are not met by the landlord and/or the acquiring agency; or -The tenant is to be permanently relocated due to City code violations of a serious nature which are discovered as a part of a CDBG-assisted code enforcement program. The City may adopt additional (more specific) conditions under which a tenant may be considered permanently displaced and also the relocation • assistance to be provided to such displaced persons. (See Appendices.) C. BUSINESS AND NON-PROFIT ORGANIZATION PROPERTIES If, as a result of a CDBG -funded project, it becomes necessary to acquire a site occupied by a business or non-profit organiza- tion, such entities may be eligible for both financial and technical re- location assistance. In most instances such an entity will not be required to move without at least ninety -days (90) written notice from the City. 1. Financial Assistance Eligible businesses and non-profit organizations may be,entitled to several distinct financial assistance clarims as a result of dis- placement. Claims for actual moving expenses as well as for direct loss of personal property and expenses incurred in searching for a replacement location are eligible for reimbursement. Since each claim is unique, the exact amount for which such an entity is eligible will vary considerably. The following sections outline in general, the regulations and limits of financial assistance available for such relocations. 0 -7- • • - %�A ii q��.• "^��ytq(�"IP� wylM1•� ry f P� a. Moving and Related Expenses - As outlined at 24 CPR § 42.305 of the Act, an eligible business or non-profit organization is entitled to a payment for actual reasonable expenses incurred in: moving,(including transportation, packing,disconnecting, dismantling, removing, reassembling and installing relocated and substitute machinery and equipment);storage of property (if necessary); insurance costs associated with the move; any license, permit or certification required if necessary at the new location; and, professional services necessary for planning the move, moving the property or installing the re- located personal property. -or- Under 24 CFR 3 42.355 of the Act, if it is determined that a business or non-profit organization cannot be relocated without a substantial loss of patronage, a fixed payment of not less than $2,500 nor more than $10,000 may be made to a business and $2,500 to a non-profit organization. b. Payment for Direct Loss of Personal Property - As outlined at 24 CPR $ 42.307 of the Act, eligible businesses and non-profit corporations are entitled to payment for actual -direct loss of an item of personal property incurred as a result of moving or discontinuing operation. -or- Payment for a comparable substitute item of personal property, as outlined at 24 CPR 3 42.309 of the Act. C. Expenses in Searching for Replacement Location - As noted at 24 CPR § 42.311 of the Act, a displaced business or non-profit organization is entitled to an amount of up to $500 for actual .reasonable expenses incurred in searching for a new location, including transportation, meals, lodging, time spent searching and fees paid to a real estate agent or broker to locate a replacement site. 2. Technical Assistance The City of Evanston will provide to eligible businesses and non- profit organizations, assistance in finding replacement locations, including their purchase price or rental costs. In addition, the City will provide assistance in filling out claim forms, appeals, etc. V. SUMMARy AND APPEALS PROCESS In computing the benefits an individual or family is entitled to, a complex set of regulations and rules must be followed. Each individual and family will be appraised of the regulations governing their claim. As out- lined at 24 CPR § 42.701 - 42.711 of the Uniform Act, if a claimant.does not agree with the Planning Department's determination as to eligiblity, amount of relocation payment, or other relocation benefits, an appeal to the City Manager's office may be made. If differences cannot be resolved at this level, an appeal to the HUD Area Manager may be made. If differences still ;t�sL remain, the i.ndi�,i�it�nl, rtzt� 7-11P090 t:r, . Qi",;rt of Individuals, families or businesses who have received notification that they may be permanently displaced as a result of a federally-funded.City CDBG project should immediately contact the City's Planning Department for more specific information regarding their eligibility for relocation benefits. Any questions regarding the City of Evanston's Community Development Block Grant Relocation Policy or Program should be directed to: Ms. Janet Agnoletti, Coordinator, Evanston CDBG Program Evanston Planning Department 2100 Ridge Avenue Evanston, Illinois 60204 (312) 866-2928 MM APPENDIX A • • U CITY OF EVANSTON MULTI -FAMILY REHABILITATION PROGRAM RELOCATION POLICY Temporary and Permanent Relocation If the owner and City determine that a tenant in a building beinr, rehabilitated under this program must -be temporarily relocated in order to complete the rehabilitation work, the building owner will be responsible for that tenant's reasonable moving expenses and increased housing costs for the time the tenant is temporarily displaced. A temporary relocation is defined as one lasting less than one year. A tenant is entitled to reimbursement of actual moving expenses up to a maximum of three hundred dollars (S300.00) or one month's rent, whichever is higher. The property owner may demand a receipted bill before paying for any moving costs. Property owner shall .be liable for a tenant's increased housing expenses (rent plus utilities) while the tenant is temporarily displaced. The property owner shall assist the tenant in finding a comparable replacement dwelling. A comparable replacement dwelling shall meet the following criteria: 1. Be decent safe and sanitary. The dwelling must meet the City's housing code requirements. Dwellings outside the City of Evanston must meet the Section 8 Housing Quality Standards; 2. Functionally equivalent to and substantially the same as the acquired dwelling with respect to the number of rooms and area of living space (but not excluding new construction nor excluding larger dwellings necessary to comply with decent, safe, and sanitary criteria stated above); 3. Demonstrated to be available to all persons regardless of race, color, religion, sex, or national. origin in a manner consistent with the requirements of Title QIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et. sea), and available without discrimination based on source of income (e.g., welfare); 4. In an area not subjected to unreasonable adverse environmental conditions from either natural or man-made sources and in an area not generally less desirable than that of the acquired dwelling with respect to public utilities and public and commercial facilities; S. Reasonable accessible to the place of emolovemnt of the displaced person or, if unemployed (but employable), reasonably accessible to sources of employment; 6. Available at a monthly rental of no more than the higher of the tenant's existing monthly rental or the HUD Fair Market Rent for the appropriate size unit. • The City shall make the final determination of whether an offered replacement dwelling meets the above criteria. A tenant will be considered permanently displaced if the after rehabilitation housing costs (rent plus utilities) for his or her unit exceeds 30. of that tenant's household's income or the Section 8 Fair Market Rent, Whichever is lesser. Household income shall be defined as the gross income of all persons residing in the household who are eighteen (18) years of age or older. A tenant in possession of a Section 8 certificate will not be considered displaced if the housing costs do not exceed the Section 8, Fair Market Bent for a comparable unit. When a tenant is permanently displaced the property owner may offer, that tenant a comparable replacement dwelling. A comparable replacement dwelling must meet the same criteria used in selecting a temporary, replacement dwelling except that the monthly housing costs shall be: 1. enual to or less than the tenant's housing costs in the original unit before rehabilitation; or 2. the lesser of 301. of the tenant's household income or Section 8, Fair Market Rent (if a tenant possesses a Section 8 Certificate the housing costs may not exceed the Section 8 Fair Market Rent). • If the property owner does not offer a permanently displaced tenant a comparable replacement dwelling helshe shall offer that tenant a Iump sum, oeyment computed in the following manner:, 1. monthly cent plus utility costs at a replacement dwelling up to, 1001 of the HUD Fair Karket Rent Schedule, 2. thirty percent (301.) of the gross monthly income of all adult, members of the tenant's household, 3. line (1) minus line (2) 4. twenty-four (24) times the amount.of line (3) up to a maximum of $2,000. The property owner is also liable for the reasonable moving expenses of permanently displaced tenants. Within fourteen (14) days after, receiving a receioted bill for moving expenses, the oroperty owner must pay, actual moving expenses to a maximum of three hundred dollars ($300.00) or, one month's rent (based on the rent charged for the tenant's unit before the rehabilitation work was completed), whichever is higher. If the property owner does not pay a temporarily relocated or, permanently displaced tenant the money due that tenant under these guidelines there will be no further distribution of City loan money until the City determines that the money due the tenant has been paid. • APPENDIX B CITY OF EV:_%_NSTON C0`MIA'ITY DEVELOPMENT BLOCK GRANT PROGRAM LM1PORARY RESIDENT%AL RELOCATION POLICY INTRODUCTION The following is a discussion of the City of Evanston's Corcnunity Development Block Grant (CDBG) Program temporary residential relocation policy. .This policy relates to temporary displacement resulting from CDBG-financed single familv housing rehabilitation. Rehabilitation of a home often temporarily inconveniences homeowners due to re- pairs/replacement of plumbing, electrical, and 'heating systems, plastering, painting, etc... Homeowners should expect inconveniences to occur and modify their normal schedules and living patterns to accommodate them. The City does -realize that, occassionally, rehabilitation work may cause more than normal inconveniences. In the following two special cases outlined be- low, the City would provide temporary relocation assistance to eligible home- owners and tenants. II. SHORT-TERM TE130RA11Y RELOCATION (Maximum of 5 Calendar Days) . A. ELIGIBILITY CRITERIA 1. Recipients Owner occupants and tenants of housing units that are being re- habilitated under the City.'s CDBG rehabiliation program may be eligible for short-term temporary relocation assistance. 2. Housing Unit Condition If the plumbing and/or electrical systems of a housing unit are temporarily disrupted due to CDBG financed rehabilitation through no fault of the owner occupant or tenant, and this condition causes major items in the kitchen and/or bathroom to be inoperable specifically, the stove, refrigerator, kitchen sink, toilet, bathroom sink and/or bathtub/shower, owner occupants and/or tenants may be eligible for temporary relocation assistance as outlined in Section II-B. Final determination of relocation eligibility shall rest with the City's Director of Property Standards and Housing Rehabilitation. B. ASSISTANCE PROVIDED 1. If the housing unit is determined to be eligible under Section II -A of this policy, the owner -occupant and/or tenant shall be eligible for reimbursement of the actual reasonable cost of temporary lodging facilities (such as motel) until the bathroom and/or kitchen facilites are operable or for a maximum of five (5) calendar days, whichever time period is less. The above assistance will apply only to those' persons residing in the housing unit at the time the rehabilitation application is received. The lodging allowances must be approved by the City's Property Standards and housing Rehab Department prior to • incurring such costs. 4 ?. It is the responsib+l4ty of each contractor undertaking rer.at:l`- zation work financed with CDBG funds to schedule plumbing and electrical work so as to minimize disruption of kitchen and bath- room facilities. 3. Anv other conditions which the rehabilitation agencies determine to warrant short-term temporary relocation assistance must be reviewed and approved by the :lousing and Cor=unity Development Act Committee. III. LONG-TERM TZ"TORARY RELOCATION (', aximum of Three Months) B. ELIGIBILITY CRITERIA �t 1. Recipients Owner occupants and tenants of housing units that are being re- habilitated under the City's.CDBG rehabilitation program may be eligible for long-term temporary relocation assistance. 2. Housing Condition In cases of contractor abandonment of a contracted for CDBG pro- ject through no fault of the owner occupant and/or tenant which leaves the home in an uninhabitable condition, temporary relo- cation funds may be authorized in the form of a grant to the owner occupant and/or tenant subject to the following conditions: • a) Contractor abandonment must exceed 21 days. b) A11 necessary steps shall be taken to complete the rehabili- tation work in order to make the home habitable. The con- tractor shall .be notified of building conditions within said 21 day period by certified or registered mail and requested to resume work. If the contractor does not resume work within the 21 day period, rehabilitation agencies will have the option of securing the services of another contractor to finish whatever rehabilitation work is necessary. c) Final definition of the clients home condition as uninhabitable will be made by rehabilitation agencies. In City rehabilitation cases, the Coordinator of the Community Development Block Grant Program or in his/her absence, the Director of housing and Property Services shall approve the above. 4 s 3. Assistance Prcvided a) Living unit of appropriate size as determined by the Section 8, Existing Housing Program guidelines (includes rent and utilities) may be rented after contractor abandonment is determined and after the 21 day period has elapsed. The unit mzy be rented for a maximum of three (3) ,wnths or until the owner occupant's • and/or tenant's housing unit is deemed habitable by the City ?lousing and ?roperty Services, Property Standards Division, whichever time period is lr"ss. Rent 'levels shall not exceed Section 8 market rent levels or actual out -of -Docket a menses, whichever is less. tFinal approval or the rent levels mill bd t:abil'iz:atiaia case's, • or in his/her absence, the Director of the City's Department of Property Standards and Housing Rehab shall approve the above. The City will assist owner occupants/tenants in loca- ting temporary housing if requested. The City will also pay security deposits for temporary housing if required. It is the responsibility of the owner-occupant/tenant to adequately tiaintain the temporary living quarters in order to insure that the security deposit is returned to the rehabilitation agency. b) If rented unit is unfurnished, an appropriate amount of funds may be granted for moving furnishings from the home to the rented unit and returned to the home. Owner occupants and/or tenants must receive two (2) estimates for moving expenses and -must have funds for moving approved in advance by the City. A maximum of $300.00 may be approved for moving expenses. Documentation of moving expenses must be provided. c) As a condition for the receipt of relocation funds which are necessary in whole or in part because of contractor non- performance, the rehabilitation owner occupant may be re- quired to cooperate with and participate where necessary parties, for purposes of recovery of damages. d) All contractor abandonment cases shall be reported with proper documentation to the Housing and Community Development Act • Committee at its next meeting. Adopted 7/7/81 CD Committee Revised: 11/84 0 0, APPENDIX C CODE VIOLATION RELOCATION POLICY UNDER THE CITY'S MULTI -FAMILY CODE ENTFORCEMEN'T PROGRAM Residents of rental units who are displaced from their units for more than five (5) days due to City code violations of a serious nature (including those violations which pose a threat to health and safety) and meet income guidelines (see #6 below), may be eligible for monetary assistance from the City as follows: 1) Displacement from the unit shall be only at the concurrence of Directors of the Community Health Protection, Housing Rehab/Property Maintenance, and Building and Zoning Departments. 2) Monetary assistance for eligible tenants, to be paid as the security deposit on a new unit, shall be no greater than the amount of one month's rent of the replacement unit. 3) The replacement unit must be inspected and approved by the Property • Maintenance Department as to meeting City Housing Code requirements. 4) The replacement unit shall be of a rent level comparable to the vacated unit, and, in the opinion of'the City, able to be supported financially by the tenant. 5) Monetary assistance'shall be paid directly to the replacement unit's owner and be refundable to the City upon vacation of the replacement unit by the tenant. A signed agreement to this effect (sample attached) shall be executed and remain in the tenant's file. 6) Eligibility for this assistance shall be only for those residents who meet the current HUD Section 8 low and moderate income guidelines, con- firmed by submittal of their previous year's federal income tax return. The Director of the Housing Rehab/Property Maintenance Department shall coordinate all activities in regard to relocation assistance provided under this policy. • CITY OF EVANSTON CODE VIOLATION RELOCATION PROGRAM SECURITY DEPOSIT AGREEMENT have received (Name of Landlord) (Amount of ($ ) from the City of Evanston as Money) the security deposit for (Address) I understand this money is to be used as a security deposit, not as prepaid rent, and is to be returned to the City of Evanston when (Name of Tenant) vacates the premises. I understand that the tenant shall be responsible for pay- ment for correction of any damages resulting from action(s) of the tenant. I also agree to pay to the City of Evanston interest on the deposit at the rate pro- vided for in the City's Residential Landlord and Tenant Ordinance. • (Landlord) (Tenant) (Date) (Tenant) (Date) 0