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HomeMy WebLinkAboutRESOLUTIONS-1988-004-R-884-R-88 A RESOLUTION Creating a Displacement Strategy Directed Toward The Mitigation of Involuntary Displacement of Evanston Residents in the Implementation of the 1988-1989 Community Development Block Grant Program WHEREAS, -the Congress of the United States did pass the Housing and Community Development Act of 1974, which is known as the Public Law 93-383 and was amended by the Pub. L 95-557, Pub. L 96-399, Pub. L 97-35, and Pub. L. 98-181: and WHEREAS, Title I of the Act makes block grants available for certain housing and community development activities; and WHEREAS, the City of Evanston is an "Entitlement City" by definition of said Act, and as such, is eligible for grant funds; and WHEREAS, the City of Evanston must certify that, prior to the submission of its application to the Department of Housing and Urban Development, it has met citizen participation requirements, as outlined in Subpart D, S 570301(a)(2) in the Community Development Block Grant Rules and Regulations; and • WHEREAS, said Rules and Regulations include a provision in Subpart D requiring that the . City of Evanston develop, adopt, make public and implement a statement of local policy indicating the steps that will be taken to minimize displacement and mitigate any adverse effects on low and moderate income households in Evanston; and WHEREAS, such a strategy has been developed, by evaluating which Community Development Block Grant Program activities may result in residential 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 8, 1987 to receive citizen comments on the Strategy's content; and WHEREAS, the City's Housing and Community Development Act Committee did approve said Displacement Strategy at its meeting on December 8, 1987; 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 said Strategy. • ATTEST: City Clerk Adopted: 1988 29Y85/8u 0 UMayor Exhibit A Proposed: 1988 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 indicating the steps that. will be taken to minimize involuntary displacement of persons from their. homes and neighborhoods. The federal displacement provisions require that if an individual, family or business is displaced as a result of the acquisition of property by the City -of Evanston financed through a CDBG-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 following strategy is intended to address the above requirements. L 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 funded with CDBG funds which may lead to the displacement of persons as a result of the acquisition of real property by the City of Evanston. 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 acquisition 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 S 42.2(c) 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 concentrations, and that will facilitiate desegregation 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 procedures set forth under the "Uniform Act" and the Civil Rights Acts of 1964 and 196& 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 acquisition 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. r 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 indicating the steps that will be taken to minimize involuntary displacement of persons from their homes and neighborhoods. The federal displacement provisions require that if an individual, family or business is displaced as a result of the acquisition of property by the City of Evanston financed through a CDBG-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 following 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 funded with CDBG funds which may lead to the displacement of- persons as a result of the acquisition of real property by the City of Evanston. 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 acquisition 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 S 42.2(c) 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 concentrations, and that will facilitiate desegregation 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 procedures set forth under the "Uniform Act" and the Civil Rights Acts of 1964 and 1968. 11. 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- acquisition 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. -2- 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 relocations. 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 payment, 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 24 CFR S 42.205 of the Uniform Act. CDBG PROGRAM ACTIVITIES. POSSIBLY RESULTING IN DISPLACEMENT The following CDBG-funded activities for fiscal year 1988-89 (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 by the City of Evanston. In addition to the aforementioned steps/policies 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 guidelines (attached as Appendices A-C to this document). Although the CDBG regulations require that the City consider displacement resulting only from acquisition 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. Demolition/Vacant Lot Program (Y-14) A total of $23,150 has been requested for the purpose of demolition of 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. 2. Alternatives to Homelessness (Y14) A total of $100,000 has been requested for the purchase and rehabilitation of a building to provide transitional housing (in combination with social services) for homeless persons. It is anticipated that no displacement of persons will occur from the acquistion; however, should either temporary or permanent displacement result from the acquisition, the Relocation Policy as outlined in Appendix A will apply. -3- • 3. Evanston Housing Coalition (Y 13) A total of $150, 000 has been allocated for the purpose of purchase and rehabilitation of multi -family units for the housing of low income persons. No displacement of persons will occur from the acquisition; should temporary displacement result from the acquisition, the Relocation Policy and Procedures as outlined in Appendix A will be followed. 4. Transportation Center - Downtown H (Y9) A total of $200,000 was set aside to acquire property for the purpose of constructing a transportation center in the Evanston downtown area. The policies of the Uniform Act will be followed for the acquisition. No displacement is .anticipated to result from . the acquisition; however, should the displacement of any persons or businesses result, the Relocation Policies and Procedures of the Uniform Act will be followed. B. ACTIVITIES POSSIBLY INVOLVING RELOCATION ONLY -1. Multi -Family Housing Rehabilitation (Y 59 6, 10, 12) As of October 1, 1987, a total of $206,994 is available for this activity. 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 responsible 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 (10, ,11, 12) As of October 1, 1987, $565,414 is available from previous program years for this activity. 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 (Y14) It is assumed that $50,442 will be available in FY 1987/88 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 displacement 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. IV. RELOCATION POLICIES AND PROCEDURES - RESULTING FROM ACQUISITION OF PROPERTY BY THE CITY OF EVANSTON If, as a result of the acquisition of property by the City of Evanston using CDBG funds, it becomes necessary to relocate persons (either temproary or permanent) then they shall be 0ligible for relocation costs as outlined below. -4- A. OWNER -OCCUPIED PROPERTIES 1. Permanent Displacement - If an owner -occupant is displaced permanently, as a result of the acquisition of his/her real property, 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 24 CFR S 42.301-42.302, a displaced owner -occupant is entitled to either: i. Reimbursement of actual reasonable expenses for the transportation of themselves and their personal property, including packing, storage '(if necessary), insurance, and other eligible expenses 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 24 CFR S 42.401 - 42.403 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 acquired dwelling for not less than 180 days prior to the initiation of negotiations and he/she purchases and occupies a replacement dwelling 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) increased interest costs, and (3) incidental costs (as defined at 24 CFR S 42.401). ii. If the homeowner does not qualify for the above replacement housing payment, and elects to rent rather than purchas-t his/her replacement dwelling, he/she may be eligible to receive a payment up to but not to exceed $4,000 for rental assistance (as defined at 24 CFR S 42.402). iii. If the homeowner does not qualify for the 180-day replacement 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 S 42.402) 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 maximum '$4;000. Ll 5- iv. If the City of Evanston determines the replacement housing payment as outlined above and specifically in 24CFR Subpart E would not be sufficient to provide a comparable replacement dwelling on a timely - basis, the City will take the appropriate measures as outlined in Subpart G, 24CFR S 42.602. These measures may include, but are not limited to the following: - Rehabilitation of and/or additions to an existing replacement dwelling - Construction of a new replacement dwelling Payment of replacement housing in excess of the limits set forth in 24CFR 41401-42.402 and outlined in SIV (AXON of this document. B. RENTER -OCCUPIED PROPERTIES 1. 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 S 42.2 (f)(2) 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 permitted to continue in occupancy if the following conditions are met: a. The tenant shall have the right to lease and -occupy a dwelling (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 the rent and the same costs prior to acquisition OR 30% of his/her " gross income, whichever is greater; c. The tenant shall not be required to move from his/her dwelling other than for cause OR unless the move is necessary to carry out the project. If a move is required (as determined 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 dwelling; and (4) the reimbursement.of actual moving costs (see S IV (A)(1)(a) of this document) and any increase in monthly housing costs incurred for the period of temporary relocation (rent plus utilities). 2. Permanent Relocations - All permanent tenant relocations resulting from the acquisition of property purchased with CDBG funds by the City of Evanston shall follow the Uniform Act provisions. Tenants shall be eligible for the following cost reimbursements: a. Moving costs outlined in S IV (A)(1)(a) of this document; and either a b. Rental Assistance Payment as outlined in S IV W O(b)(ii); • c. Downpayment Assistance Payment as outlined in S IV (A)(1)(b)(iii) of this document. -6- 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 Occupancy" (as outlined in SIV(B)(I) of this document) and the conditions of that Notice. are not met by the City of Evanston. C. BUSINESS AND NON-PROFIT ORGANIZATION PROPERTIES If, as a result of a CDBG-funded project in which the City of Evanston acquires property, it becomes necessary to -acquire a site occupied by a business or non-profit organization, such entities may be eligible for both financial and technical relocation 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 claims as a result of displacement. 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. a. Moving and Related Expenses - As outlined in 24 CFR S 42.303 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 relocated personal property; Qla Under 24 CFR 42.304 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 CFR S 42.303 (a)(10) 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; 11 -7- -OR— Payment for a comparable substitute item of personal property, as outlined at 24 .CFR S 42.303 (a)(12) of the Act. C. Expenses in Searching for Replacement Location - As noted at 24 CFR 42.303 of the Act, eligible businesses and non-profit corporations are entitled to an amount of up to $1,000 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 nonprofit 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 outlined at 24 CFR 42.10 of the Uniform Act, if a claimant does not agree with the Planning Department's determination as to eligibility, amount of relocation payment, or other relocation benefits, an appeal to the City Manager's office may be made. If differences still remain, the individual may appeal to a court of law. In all instances the claimant may be represented by legal counsel at their own expense. ridividuals, families or businesses who have received notification that they may be permanently splaced 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: Mr. Chris A. Yonker Coordinator, Evanston CDBG Program Evanston Planning Department 2100 Ridge Avenue Evanston, Illinois 60204 (312) 866-2928 APPENDIX A I CITY OF EVANSTON MULTI -FAMILY REHABILITATION PROGRAM RENTAL REHABILITATION PROGRAM RELOCATION POLICY Temporary and Permanent Relocation If the .owner and City determine that a tenant in a building being rehabilitated under this program must be temporarily relocated in order to complete the rehabilitation work, the tenant will be eligible for reasonable moving expenses and increased housing costs for the time he/she 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 ($300.00) or one month's rent, whichever is higher. The property owner may demand a receipted bill before paying for any moving costs. The tenant shall be elibible for any increased housing expenses (rent plus utilities) while the tenant is temporarily displaced. The tenant shall be assisted 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 VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et. seq), 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. Reasonably accessible to the place of employment 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. I The.City shall make the final determination of whether an offered replacement dwelling meets he 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 income or the tenants housing costs prior to rehabilitation, whichever is greater. 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 Rent for a comparable unit. When a tenant is permanently displaced he/she must be offered at least one decent, safe, and sanitary replacement dwelling. The replacement dwelling must meet the same criteria used in selecting a temporary replacement dwelling. If the cost of the replacement dwelling is greater than the housing costs of the unit from which the tenant is displaced, then the tenant shall be offered a lump sum payment computed in the following manner: 1. Cost of rent and utilities at a suitable decent, safe and sanitary replacement dwelling 2. monthly rent plus utility costs at the dwelling unit from which the tenant is displaced 3. line (1) minus line (2) 4. twenty-four (24) times the amount of line (3). Iftermanently displaced tenants are also eligible for reasonable moving expenses. Within ourteen (14) days after receiving a receipted bill for moving expenses, the property owner must M115ay actual moving expenses to a maximum of three hundred dollars ($300) or one month's rent (based on the rent charged for the tenant's unit before the rehabilitation work was completed), whichever is higher. The City will determine who will be responsible for payment of the eligible costs. An agreement will be made between the property owner and the City, prior to the start of rehabilitation, stating who is responsible for each portion of the eligible costs outlined above. 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 EVANSTON COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM TEMPORARY RESIDENTIAL RELOCATION POLICY Introduction The following is . a discussion of the City of Evanston's Community Development Block Grant (CDBG) Program temporary residential relocation policy. This policy relates to temporary displacement resulting from CDBG-financed single-family housing rehabilitation. Rehabilitation of a home often temporarily inconveniences homeowners due to repairs/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, occasionally, rehabilitation work may cause more than normal inconveniences. In the following two special cases outlined below, the City will provide temporary relocation assistance to eligible homeowners and tenants. II. SHORT-TERM TEMPORARY RELOCATION (Maximum of S Calendar Days) A. ELIGIBILITY CRITERIA 1. Recipients Owner -occupants and tenants of housing units that are being rehabilitated under the City's CDBG rehabilitation 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 Housing Rehabilitation and Property Maintenance. 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 facilities 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 Department of Housing Rehabilitation. 11 2. It is the responsibility of each contractor undertaking rehabilitation work financed with CDBG funds to schedule plumbing and electrical work so as to minimize disruption of kitchen and bathroom facilities. 3. Any other conditions which the rehabilitation agencies determine to warrant short-term temporary relocation assistance must be reviewed and approved by the Housing and Community Development Act Committee. III: LONG-TERM TEMPORARY RELOCATION (Maximum of Three Months) A. ELIGIBILITY CRITERIA I: Recipients Owner -occupants and tenants of housing units under the City's CDBG rehabilitation program temporary relocation assistance. 2. Housing Condition that are being rehabilitated may be eligible for long-term In cases of contractor abandonment of a contracted -for CDBG project through no fault of the owner -occupant and/or tenant which leaves the home in an uninhabitable condition, temporary relocation 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) All necessary steps shall be taken to complete the rehabilitation work in order to make the home habitable. The contractor 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 the rehabilitation agencies. In City rehabilitation cases, the Director of Housing and Property Services, or in his/her absence, the Coordinator of the Community Development Block Grant Program shall approve the above. B. ASSISTANCE PROVIDED 1. 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 may be rented for a maximum of three (3) months or until the owner -occupant's and/or tenant's housing unit is deemed habitable by the City Housing and Property Services, Property Maintenance Division, whichever time period is less. Rent levels shall not exceed Section 8 market rent levels or actual out -of -'pocket expenses, whichever is less. Final approval of the rent levels will be made by the City. In City rehabilitation cases, the Director of the City's Department of Housing Rehabilitation and Property Maintenance, or in his/her absence, the Coordinator of the Community Development Block Grant Program shall approve the above. The City will assist owner-occupants/tenants in locating 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 maintain the temporary living quarters in order to insure that the security deposit is returned to the rehabilitation agency. r 2. 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 may be approved for moving expenses. Documentation of moving expenses must be provided. 3. As a condition for the receipt of relocation funds which are necessary in whole or in . part because of contractor nonperformance, the rehabilitation owner -occupant may be required to cooperate and participate with the . necessary parties for purposes of recovery of damages. 4. All contractor abandonment. cases shall be reported with proper documentation to the Housing and Community Development Act Committee_ at its next meeting. APPENDIX C , CODE VIOLATION RELOCATION POLICY UNDER THE CITY'S MULTI -FAMILY CODE ENFORCEMENT PROGRAM Residents of rental units who are displaced from their units for more than five (S) 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. S. 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 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, confirmed 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.