City of Brentwood - Community Development - Redevelopment Division - Relocation Assistance Program for Residential Owners and Tenants

Relocation Assistance Program for Residential Owners and Tenants

Prepared by the
Brentwood Redevelopment Agency
January 2003

This Guide is intended to provide general information with some specifics on the Relocation Assistance Program. Further details regarding relocation assistance and benefits are set forth in the California Relocation Assistance and Real Property Acquisition Guidelines, California Code of Regulations, Title 25, Chapter 6, prepared by the Department of Housing and Community Development. In the event of any conflict, the State Guidelines shall be controlling.

I. Introduction

On April 23, 1991, the Brentwood Redevelopment Agency adopted Resolution Number 91-7 covering the guidelines to be followed in carrying out the relocation of persons who move as a result of Agency acquisition of real property within the Redevelopment Project Areas. The guidelines in this brochure will be updated periodically to correspond with adoption of new regulations by the California Relocation Assistance and Real Property Acquisition Guidelines.

II. Policy of the Agency

The policy of the Agency shall be to assure that all displaced persons within the Project Areas will be treated in a fair and equitable manner and in accordance with the requirements of the law.

III. Relocation Program

When displacement of persons becomes necessary, all affected owners and tenants will be contacted and interviewed by a representative of the Agency with 60 days after the Agency makes a written offer to acquire the property to determine individual relocation needs for a replacement location and for other services. Any information given by the owners and tenants will be kept confidential. No one who lawfully occupies a property in a Project Area will be required to move without at least 90 days written notice and after detailed information on the relocation program, services and payments has been given. No move should be made until notifying the Agency, as a premature move could result in a loss of eligibility for assistance and benefits.

Displacees are encouraged to contact the Agency’s office and to cooperate with the staff and Relocation Advisors. The Agency’s address, telephone number and office hours are listed below.

Brentwood Redevelopment Agency
150 City Park Way
Brentwood, CA 94513
(925) 516-5187
Monday – Friday 8:30 am – 5:00 pm

The Relocation Assistance Program provides the policies for orderly, timely and efficient relocation of business occupants displaced by Agency activities. The relocation program is administered by offering advisory assistance and making relocation payments as follows:

A. Relocation Advisory Assistance

Relocation Advisory Services are available to all residential occupants who legally occupy the property at the time of displacement. Maximum assistance will be given to help a displacee in finding comparable replacement housing which is decent, safe and sanitary, meets applicable codes for standard housing and is within the financial means of the displacee. All such housing shall be made available to all persons being displaced, regardless of race, color, creed and national origin.

A Relocation Advisor will be assigned to assist each household throughout the relocation process, and will be the principal contact in all relocation matters. Referrals and information on the availability, prices and rental of comparable, affordable replacement housing will be made available. You will be given all the assistance you need in locating and obtaining comparable housing, however, the final choice is up to you. You are encouraged to look for housing on your own, but if you do, be sure to notify your Relocation Advisor prior to making a commitment to rent or purchase. Replacement housing must be in a decent, safe and sanitary condition for a displacee to be eligible to receive full relocation benefits.

B. Moving Payments

A choice of two payment options for reasonable moving expenses are available to residential occupants who legally occupy the property at the time of displacement as follows:

The first option is for a fixed payment allowance, based on the total number of rooms (excepting bathrooms) at the acquired site and whether the unit is furnished or unfurnished. Choosing a fixed payment allowance requires you to provide your own moving arrangements; no additional reimbursement for utility reconnection fees is available under this option. The claim will be paid by the Agency after the unit is vacated.

Fixed Allowance Moving Schedule
Occupant Owns Furniture
Number of Rooms	2	3	4	5	6	7	8
Payments	$750	$925	$1,100	$1,325	$1,550	$1,775	$2,000

Occupant Does Not Owns Furniture
Number of Rooms	First Room	Each Add'l Room
Payment	$375	$60

The second option is for the actual cost of a move based on the lowest of at least two acceptable moving bids from qualified, licensed professional moving carriers to pack, move and unpack all personal property from the acquired site to the replacement site, not to exceed a distance of 50 miles. The Agency makes direct payment to the professional moving carrier under this option. The Agency will also reimburse the household for any one-time utility reconnection fees, such as phone, gas, electric and cable.

C. Replacement Housing Payments

1. Residential Housing Payment for Owner-Occupants

A payment up to $22,500 is available to assist a homeowner-occupant in purchasing a suitable replacement dwelling. To qualify, an owner much have been living in the acquired dwelling for at least 180 days prior to the time the Agency first offered to purchase the house, and he/she must own and occupy a standard replacement dwelling within one year from the date of the move. There are three elements to this payment, which combined cannot exceed $22,500. The exact amount each owner is entitled to must be computed individually on the following basis:

A. Housing Differential Payment

The difference, if any, between the amount the Agency pays you for your property and the average cost for a comparable replacement dwelling, or the difference, if any, between the amount the Agency pays you for your property and the actual amount you pay for your replacement dwelling, whichever is less

B. Interest Differential Payment

If you have an existing mortgage on your home and must finance your replacement dwelling, you may receive an amount to compensate you for a loss of favorable financing. This payment will be explained to you in more detail prior to the time you make application for a mortgage on the home you purchase.

C. Incidental Expenses

You will be reimbursed for actual non-recurring closing costs incurred in purchasing a replacement dwelling, including such items as title search, title insurance, escrow fees, credit reports, appraisal fees, termite inspection fees, loan application fees, and notary and recording fees.

An owner-occupant who chooses to rent a replacement dwelling instead of purchasing is entitled to the difference, if any, between the economic rent of the acquired dwelling and the actual rent paid for the comparable, replacement dwelling for a period of 42 months.

2. Replacement Housing Payments for Tenants

A payment up to $5,250 is available to assist tenants in either renting or purchasing a replacement dwelling. To be eligible, a tenant must have been living in the acquired dwelling for at least 90 days prior to the time the Agency first offered to purchase the property, and he/she must occupy a decent, safe and sanitary replacement dwelling within one year after moving.

a. Tenants Who Rent

A tenant who rents another dwelling is entitled to the lesser of 1) the difference, if any, over a period of 42 months, between the monthly rental rate for the acquired property and the average cost for a comparable rental, or 2) the difference, if any, over a period of 42 months, between the monthly rental rate for the acquired property and the actual rent paid for the replacement unit. The payment will be paid in a lump sum.

b. Tenants Who Purchase

If a tenant elects to buy a home instead of rent a home, he/she may use their entitlement for a down payment and/or non-recurring closing costs. The payment will be deposited directly into an escrow account.

IV. Last Resort Housing

Comparable replacement housing must be within the financial means of the displaced owner or tenant. Last Resort Housing is a procedure wherein the Agency, based upon additional documentation, may exceed the $22,500 and $5,250 monetary limits stated previously, to enable a displaced owner to purchase and a displaced tenant to rent a replacement dwelling. Your Relocation Advisor will inform you if you situation falls within Last Resort Housing and will describe the requirements at that time.

V. Grievance procedure

If a displacee believes that a claim has been unfairly administered, the claimant may request review by the Executive Director of the Agency, or his designee. Review may also be brought before the Relocation Appeals Board if the claimant wishes to forego review by the Executive Director or is unsatisfied with the Executive Director’s determination. The Relocation Appeals Board, after holding a hearing, will make a final determination. If still unsatisfied, the claimant may then seek judicial review. Any appeal must be filed within 18 months: for tenants, 18 months following the date of displacement; for owners, 18 months following the date final compensation is received or the date of displacement, whichever is later.

VI. Eviction Policy

Should a tenant fail to pay monthly rent to the landlord or in any way fail to meet other obligations as a tenant causing the landlord to evict the tenant for violating the terms of the lease or rental agreement prior to the Agency acquiring the property, the tenant may jeopardize the relocation assistance and benefits to which he/she may be entitled.

In certain circumstances, the Agency may rent an acquired property to an owner or tenant who occupied the property at the time of the Agency acquisition until the property is required for redevelopment. If eviction of an owner or tenant should become necessary for any legal circumstance, it will in no way affect a relocation entitlement, except that any rental agreement between such occupant and the Agency will provide that failure to pay necessary rental payments may reduce the replacement housing entitlement.