Studio 6 – Anaheim Project
RELOCATION PLAN
PREPARED FOR:
LINC Housing Corporation
3590 Elm Avenue
Long Beach, CA 90807
(562) 684-1100
PREPARED BY:
Overland, Pacific & Cutler, LLC
5000 Airport Plaza Drive, Suite 250
Long Beach, CA 90815
(562) 304-2000
March 2022
TABLE OF CONTENTS
INTRODUCTION 1
I. PROJECT DESCRIPTION 2
A. REGIONAL LOCATION 2
B. PROJECT SITE LOCATION AND DESCRIPTION 3 C. GENERAL DEMOGRAPHIC & HOUSING CHARACTERISTICS 4
II. ASSESSMENT OF RELOCATION NEEDS 5
A. SURVEY METHOD 5
B. TENANT DATA 5
1. Current Occupants 5
2. Replacement Housing Needs 5
3. Income 6
4. Ethnicity/Language 6
5. Senior/Handicapped Households 6
6. Preferred Area to Relocate 6
III. RELOCATION RESOURCES 7
A. METHODOLOGY 7
B. REPLACEMENT HOUSING AVAILABILITY 7
1. Residential Rental Housing 7
2. Summary 7
C. RELATED ISSUES 7
1. Concurrent Residential Displacement 7
IV. THE RELOCATION PROGRAM 8
A. ADVISORY ASSISTANCE 8
B. RELOCATION BENEFITS 10
1. Residential Moving Expense Payments 10
2. Rental Assistance to Tenants Who Choose to Rent 11
3. Downpayment Assistance to Tenants Who Choose to Purchase 13 C. PROGRAM ASSURANCES AND STANDARDS 14
D. GENERAL INFORMATION REGARDING THE PAYMENT OF RELOCATION BENEFITS14 E. LAST RESORT HOUSING 15
F. IMMIGRATION STATUS 16
G. RELOCATION TAX CONSEQUENCES 16
V. ADMINISTRATIVE PROVISIONS 17
A. NOTICES 17
B. PRIVACY RECORDS 18
C. GRIEVANCE PROCEDURES 18
D. EVICTION POLICY 18
E. CITIZEN PARTICIPATION 19
F PROJECTED DATE OF DISPLACEMENT 19
G. ESTIMATED RELOCATION COSTS 19
LIST OF TABLES
TABLE 1: Availability and Cost of Replacement Rental Housing 7 TABLE 2: Schedule of Fixed Moving Payments 11 TABLE 3: Computation of Rental Assistance Payments – URA/State 12
LIST OF EXHIBITS
EXHIBIT A: HUD Income Levels – Orange County
EXHIBIT B: Residential Informational Brochure
EXHIBIT C: General Information Notice
EXHIBIT D: Notice of Eligibility
EXHIBIT E: Notice to Vacate
EXHIBIT F: Public Comments & Responses
1 INTRODUCTION
LINC Housing Corporation (the “Developer”) is in the process of acquiring a 119-unit motel to convert the rooms to housing for persons at risk of homelessness through the Homekey program.
The Studio 6 Motel is located at 1251 North Harbor Boulevard, Anaheim, CA 92801 ( Project site”). The Studio 6 – Anaheim Project (the “Project”) represents an expedited effort to create affordable housing by converting underutilized motels in Orange County. Located in the City of Anaheim, the Project is a unique partnership between the Developer, the County of Orange, the City of Anaheim, and the State Hou sing and Community Development’s (HCD) Homekey program.
The Project is the proposed adaptive re -use of a 119 -unit motel into Interim Housing (for a period of no more than five years) to serve individuals experiencing homelessness or who are at risk of ho melessness and who are inherently impacted by or at increased risk for medical diseases or conditions due to the COVID -19 pandemic or other communicable diseases. Within the five -year period, the project would undergo a major rehabilitation and transition to Permanent Supportive Housing (“PSH”) financed with Low Income Housing Tax Credits.
During the five -year Interim Housing period, the Developer and American Family Housing, in partnership with the City of Anaheim, will commit to maintaining the affordab ility restrictions on the development at 30% or below area median income (AMI) for Orange County as shown in Exhibit A for 87 studio units and there will be two one-bedroom Property Management units .
When the development transitions to permanent supportive housing the partnership will enter into regulatory agreements with a variety of financing partners including the City of Anaheim and CTCAC to ensure affordability for 55 years.
For the Homekey application and interim housing portion, the property will ha ve 87 studio units serving tenants earning 30% AMI or less and 2 (two) on-site one-bedroom Property Management units.
The Developer’s anticipated financing is as follows:
· Proposed City of Anaheim Capital Match: $2,647,375 · Proposed City of Anaheim Operating Match: $7,543,282
The funding request to the City of Anaheim includes a commitment to cover operations for five years. The Developer anticipates utilizing the Homeke y operating subsidies first during operations and thus the bulk of the City’s commitment of operating subsidy will be needed in Year 3-5 of operations. LINC/AFH will work with the City of Anaheim to prepare plans and submit funding applications for the PSH development in a timely fashion to ensure that they do not utilize the full amount of the City’s committed operating subsidy. The County of Orange is also slated to contribute approximately $3.5MM in operating subsidy for the Homekey program with a commitment slated to be approved for the project on or about January 25, 2022.
The Developer retained Overland, Pacific & Cutler, LLC ( OPC) to investigate the presence of residents at the motel (as opposed to “guests”), who would be eligible for relocation assi stance if permanently displaced for the Project. Ten households were identified, and OPC was retained to prepare a Relocation Plan (Plan) to address existing tenant displacements.
2 This Plan conforms to the requirements of the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, Handbook 1378 of the Department of Housing and Urban Development (HUD), the implementing regulations at 24 Code of Federal Regulations, Part 42, California Relocation Assistance Law, Government Code Section 7260, et seq. (Law), and the Relocation Assistance and Real Property Acquisition Guidelines adopted by the Department of Housing and Community Development as in Title 25, California Code of Regulations Section 6000, et seq. (Guidelines).
As of the date of this Plan, the Project would cause the permanent displacement of 10 households that would be eligible for relocation assistance. The needs and characteristics o f the permanent displacees and the Developer’s program to provide assistance to each affected person are general subjects of this Relocation Plan (Plan).
This Plan is organized in five sections:
1. Project description (SECTION I);
2. Assessment of the relocation needs of persons subject to displacement (SECTION II);
3. Assessment of available comparable replacement housing units within proximity to the Project site (SECTION III);
4. Description of the Developer’s relocation program (SECTION IV);
5. Description of the Developer’s outreach efforts, Project timeline and budget (SECTION V).
3 I. PROJECT DESCRIPTION
A. REGIONAL LOCATION
The Project site is located in Orange County within the City of Anaheim and is conveniently located just minutes from Interstate 5 and Highway s 91 and 57 . Surrounding communities include Orange, Garden Grove, Fullerton, Buena Park, Stanton and Placentia (Figure 1:
Regional Project Location).
Figure 1: Regional Project Location
4 B. PROJECT SITE LOCATION AND DESCRIPTION
The Project site is located at 1251 North Harbor Boulevard, Anaheim, CA 92801 generally bordered by N. Harbor Boulevard, W. Romneya Drive, N. Raleigh Street and the 91 Highway access road. The site is improved with one large building (motel) and one small building (office) on .44 acres, including a pool and parking (Figure 2: Project Site Location and Figure 3: Studio 6 Motel). Currently there are 119 rooms, 89 of which have kitchenettes.
Figure 2: Project Site Location
Figure 3: Studio 6
5 II. ASSESSMENT OF RELOCATION NEEDS
A. SURVEY METHOD
To obtain information necessary for the preparation of this Plan, personal interviews with the households to be displaced were conducted by OPC staff in January 2022. OPC was successful in interviewing seven of the 10 households. Despite multiple contact attempts in writing and in- person with the other three households, the residents did not interview with OPC staff.
The data in
this section of the Plan are based on the responses of those individuals, who provide d verbal information about the households, and information provided by the Seller, although, at this time, the information is unconfirmed.
Inquiries made of the residential occupants concerned household size and composition, income, monthly rent and estimated utility costs, length of occupancy, ethnicity, home language, physical disabilities, legal presence status, relocation needs, and replacement housing preferences.
B. TENANT DATA
1. Current Occupants
There are currently 10 households living in the motel as long-term residents to be permanently relocated for the Project that will be eligible for relocation assistance and are the subje cts of this Plan. The 10 eligible households are comprised of at least 13 adults, and no children (17 years or younger) have been identified on-site. All the households occupy motel rooms with kitchenettes.
2. Income
Verbal information regarding gross household income was provided by the households to be displaced. According
to income standards for Orange County (Exhibit A) adjusted for family size as published by the United States Department of Housing and Urban Development (HUD), the interviewed households qualify as follows: six households may qualify as Very Low Income (31% - 50% AMI), one household qualifies at above Low Income (greater than 80% AMI), and the income for three households is unknown.
3. Ethnicity/Language
The interviewed Project households’ ethnicities are as follows: White (4), Hispanic (2) and Mixed (1). Six interviewed households prefer English, and one household prefers Spanish.
4. Senior/Handicapped Households
Three of the interviewed households have a senior head of household or spouse (62 years or older), and two household stated they have a member with a disability , including mobility challenges. As specific special needs are identified when the project occupant s are ultimately displaced, appropriate steps will be taken to accommodate those needs and to locate or modify suitable replacement housing. Mobility challenges will be addressed as it relates to repla cement housing, including the need for a first -floor unit or unit in a building with an elevator, as well as potentially identifying an ADA compliant unit ADA, if applicable.
6 5. Replacement Housing Needs
Replacement housing needs, as expressed in this plan, are defined by the total number of required replacement units and distribution of those units by bedroom size. The projected number of required units by bedroom size is calculated by comparing current d ata for household size with the Developer’s replacement housing occupancy standards. These standards, generally, allow for up to two persons in a studio unit, three persons in a one -bedroom unit, five persons in a two-bedroom unit, seven persons in a three -bedroom unit and nine or more persons in a four - bedroom unit.
When determining the comparable size of the replacement unit under the State relocation programs, the number of all household members is taken into consideration regardless of legal presence status. Under the URA, when determining the size of the replacement unit needed, only the legally present members of the household are considered. based on the occupancy standard above. All households will potentially have a choice of two relocations programs, including the Federal URA or the State program, under which to submit claims for assistance an d under which the size of the comparable replacement unit will be determined.
The replacement units required for the current population based on known occupancy counts include 10 studio units. Because three households were not interviewed, there is a possi bility of at least three individuals in a room, therefore available one -bedroom units were searched for as well. In addition, the tenants will need to be offered furnished units (limited to what they currently have in their rooms), or a furniture allowance payment.
The motel is in the City of Anaheim within a densely populated mixed -use area on a major thoroughfare with retail shopping, personal services, restaurants, medical facilities, parks, schools, social services, other hotels/motels and public transportation.
6. Preferred Area to Relocate
The interviewed households expressed an interest in remaining in Anaheim or Orange County to remain close to public transport, medical facilities, shopping, and social services.
7 III. RELOCATION RESOURCES
A. METHODOLOGY
For residential housing, a resource survey was conducted to identify available comparable rental units within proximity to the Project site. The following sources were utilized:
-- Classified rental listings from local newspapers and For Rent publications -- Internet sources of rental opportunities
B. REPLACEMENT HOUSING AVAILABILITY
1. Residential Rental Housing
The replacement housing survey over a one-week period in January 2022 considered available studio and one-bedroom apartment units for rent in Anaheim and in proximity to the Project site. The data for unfurnished units ultimately located within five miles of the Project site is summarized in Table 1 below.
Table 1: Availability and Cost of Replacement Rental Housing - Unfurnished # of Bedrooms
Studio One
# Found (# Needed)
10 (
10 )
1 3
Rent Range
$
1,
4 00
-
$
2,102
$1,
395
-
$
2,
234
Median Rent
$1,
730
$1,
780
The data for furnished units ultimately located within 21 miles (studios) and 14 miles (one - bedrooms) of the Project site is summarized in Table 2 below.
Table 2: Availability and Cost of Replacement Rental Housing - Furnished # of Bedrooms
Studio One
# Found (# Needed)
10 (
10 )
11 Rent Range
$1,
350
-
$2,546
$2,1
5 0
-
$2,
880
Median Rent
$2,125
$2,
65 0
The available units identified were in residential and mixed -use neighborhoods with access to restaurants, retail stores, schools, medical facilities, social services, public transportation, parks and opportunities for employment. To address potential needs of senior or disabled tenan ts, five of the available units identified were first floor units, and four additional units were within buildings with an elevator.
Although limited furnished units were identified, they were significantly farther away from the Project site, and they were in substantially newer and better buildings with many upgrades not currently enjoyed by the motel room residents.
The median rent amount shown in the tabl e is among the figures used to make benefit and budget projections for the Plan. This amount is, naturally, subject to change according to the market rates prevailing at the time of displacement.
8 2. Summary
Considering the above described availability of replacement housing resources gathered , it appears there are an adequate number of replacement units for the residential occupants.
While adequate replacement resources exist for the tenants, based on survey results of rent al opportunities and the tenants’ current rent, some tenants may have an increase in monthly rent.
Possible increases, if any, will be met through the Developer’s obligation under the relocation regulations, including Last Resort Housing (LHR) requirements. (See Section IV, E).
C. RELATED ISSUES
1. Concurrent Residential Displacement
There are no known public projects anticipated in the Project area that will cause significant displacements during the timeframe of anticipat ed initiation of Project displacements. No residential displacee will be required to move without both adequate notice and access to available, comparable, affordable, decent, safe and sanitary housing.
9 IV. THE RELOCATION PROGRAM
The Developer’s Relocation Program is designed to minimize hardship, be responsive to unique Project circumstances, emphasize maintaining personal contact with all affected individuals, consistently apply all regulatory criteria to fo rmulate eligibility and benefit determinations and conform t o all applicable requirements. The relocation program to be implemented by the Developer will conform with the s tandards and provisions of the F ederal Uniform Relocation Assistance and Real Proper ty Acquisition Policies Act of 1970 (URA), as amended, HUD Handbook 1378, the California Relocation Assistance Law, Government Code Section 7260, et seq. (Law), and the Relocation Assistance and Real Property Acquisition Guidelines adopted by the Departmen t of Housing and Community Development and Title 25, California Code of Regulations Section 6000, et seq. (Guidelines).
The Developer has retained OPC, a multi-lingual consulting firm, to administer the Relocation Program for the permanent displacees. OPC has worked on more than 5 ,000 public acquisition and rel ocation projects for more than 41 years. Experienced Developer staff will monitor the performance of OPC and be responsible to approve or disapprove OPC recommendations concerning eligibility and benefit determinations per applicable program requirements.
OPC staff will be available to assist any relocated person and/or household with questions about the relocation process, relocation counseling and/or assistance in relocating. Relocation staff can be contacted at (800) 400-7356 from 8:00 am to 5:00 pm Monday through Friday and are available via voicemail and/or ce llular phones after hours. Relocation staff will assist tenants at hours convenient for the residents. The Relocation Office is located at 5000 Airport Plaza Drive, Suite 250, Long Beach, CA 90815.
Eligible individuals, who need to permanently move from t heir existing home, will receive relocation assistance. The relocation program consists of two principal constituents: advisory assistance and financial assistance (Relocation Benefits).
A. ADVISORY ASSISTANCE
Advisory assistance services are intended to:
• inform displacees about the relocation program
• help in the process of finding appropriate replacement accommodations
• facilitate claims processing
• maintain a communication link with the Developer
• coordinate the involvement of outside service providers
To follow through on the advisory assistance component of the relocation program and assure that the Developer meets its obligations under the law, relocation staff will perform the following functions:
10 1. Distribute appropriate written information concerning the Developer’s relocation program;
2. Inform eligible project occupants of the nature of, and procedures for, obtaining available relocation assistance and benefits (Exhibit B);
3. Determine the needs of each displacee eligible for assistance;
4. Provide the residential displacee s with at least three referrals to comparable replacement housing within a reasonable time prior to displacement. Generally, a comparable replacement dwelling must satisfy the following criteria:
(a) The unit is decent, safe and sanitary - electrical, plumbing and heating systems are in good repair - no major, observable hazards or defects. The unit is adequate in size and is comparable to the acquired d welling with respect to number of rooms, habitable living space and type and quality of construction, but not lesser in rooms or living space as necessary to accommodate the displaced person. The unit is functionally equivalent, including principle features.
(b) The unit is located in an area not subjected to unreasonable adverse environmental conditions from either natural, or man -made sources, and not generally less desirable with respect to public utilities, transportation, public and commercial facilities, including schools and municipal services and reasonably accessible to the displaced person’s place of employment.
(c) The unit is available both on the private market and to all persons regardless of race, color, sex, marital status, religion or, national origin.
(d) The monthly rental rate is within the financial means of the displaced residential tenant.
5. Maintain an updated database of available housing resources, and distribute referral information to displacees for the duration of the Project;
6. Provide transportation to the residential displacee, if necessary, to inspect replacement sites within the local area;
7. Inspect replacement housing to assure it meets decent, safe and sanitary standards as described in the URA and per Developer standards and requirements;
8. Supply information concerning federal and state programs and other governmental programs providing assistance to displaced persons;
9. Assist eligible occupants in the preparation, and submission, of relocation assistance claims;
10. Provide additional reasonable services necessary to successfully relocate occupants;
11 11. Make benefit determinations and payments in acco rdance with applicable relocation law and the Developer’s adopted relocation guidelines;
12. Assure that no occupant is required to move without a minimum of 90 days written notice to vacate;
13. Inform all persons subject to displacement of the Developer’s policies with regard to eviction and property management;
14. Establish and maintain a formal grievance procedure for use by displaced persons seeking administrative review of the Developer’s decisions with respect to relocation assistance; and
15. Provide assistance that does not result in different or separate treatment based on or due to an individual’s sex, marital status, race, color, religion, ancestry, national origin, physical handica p, sexual orientation, and domestic partnership status.
B. RELOCATION BENEFITS
Specific eligibility requirements and benefit plans will be detailed on an individual basis with all displacees. In the course of a personal interview and follow -up visits , each displacee will be counseled as to available options and the consequences of any choice with respect to financial assistance.
Relocation benefits will be provided in accordance with the provisions of the URA, State Relocation Law and Guidelines , and Developer rules, regulations and procedures pertaining thereto. Benefits will be paid to eligible displaced persons upon submission of required claim forms and documentation in accordance with the Developer’s normal administrative procedures.
The Developer will process advance payment requests to mitigate hardships for tenants who do not have access to sufficient funds to pay move-in costs such as first month’s rent and/or security deposits. Approved requests wi ll be processed expeditiously to help avoid the loss of desirable, appropriate replacement housing.
Tenants who are permanently displaced will be eligible for the following assistance:
1. Residential Moving Expense Payments
All eligible residential occupants to be permanently relocated will be eligible to receive a payment for moving expenses. Moving expense payments will be made based upon the actual cost of a professional move , or a fixed payment based on a room -count schedule, or a combination of both.
a. Actual Cost (Professional Move)
12 Displacees may elect to have a licensed professional mover perform the move. The actual cost of the moving services, based on at least two acceptable bids, will be compensated by the Developer in the form of a direct payment to the moving company up on presentation of an invoice. Transportation costs are limited to a distan ce of 50 miles in either case. In addition to the actual move, costs associated with utility re -connections (i.e., gas, water, electricity, telephone, and cable, if any), are eligible for reimbursement.
b. Fixed Payment (based on Room Count Schedule)
An occupant may elect to receive a fixed payment for moving expenses which is based on the number of rooms occupied in the displacemen t dwelling or ancillary structures on the property. In this case, the person to be relocated takes full responsibility for the move.
The fixed payment includes all utility connections as described in (a), above.
The current schedule for fixed moving payments is set forth in Table 2 following:
2. Rental Assistance for Tenant Occupants Who Choose to Rent
To be eligible to receive the rental assistance benefits, the displaced tenant household has to rent or purchase and occupy a decent, safe, and sanitary replacement dwelling within one year from the date they move from the displacement dwelling.
Except in the case of Last Resort Housin g situations (Section E, Page 15), payments to households will be payable over a 42 -month period and limited to a total maximum payment of $7,200 as stated under URA guidelines . (More information regarding rental assistance and Last Resort Housing will be provided in detai l in the informational TABLE 2: Schedule of Fixed Moving Payments (effective as of August 2021) Unfurnished Dwelling
One room $780
Two rooms $1,000
Three rooms $1,250
Four rooms $1,475
Five rooms $1,790
Six rooms $2,065
Seven rooms $2,380
Eight rooms $2,690
each additional room $285
Furnished Dwelling
First Room $510
Each additional room $100
13 brochure (Exhibit B) that will be provided to each household at the initiation of relocation activities.)
Table 3 below portrays an example of a benefits determination under the URA and State relocation programs (including State income deductions):
TABLE 3: Example Computation of Rental Assistance Payments
1. Old Rent $650 Old Rent and Utilities
or
2. Ability to Pay $700 30% of Monthly Gross Income (if Low Income – URA) or 30% Adjusted, Monthly, Gross Household Income (State)*
3. Lesser of lines 1 or 2 $650 Base Monthly Rental Subtracted From:
4. Actual New Rent $750 Actual New Rent and Utilities
or
5. Comparable Rent $775 Determined by District (includes utilities)
6. Lesser of lines 4 or 5 $750
7. Yields Monthly Need: $100 Subtract line 3 from line 6 Rental Assistance $4,200 Multiply line 7 by 42 months *Gross adjusted income means the total amount of annual income of a household less the following: (1) a deduction for each dependent in excess of three; (2) a deduction of 10% of total income for the elderly or disabled head of household; (3) a deduction f or recurring extraordinary medical expenses defined for this purpose to mean medical expenses in excess of 3% of total income, where not compensated for, or covered by insurance or other sources; (4) a deduction of reasonable amounts paid for the care of c hildren or sick or incapacitate family members when determined to be necessary to employment of head of household or spouse, except that the amount shall not exceed the amount of income received by the person who would not otherwise be able to seek employment in the absence of such care.
Rental Assistance payment amounts are equal to 42 times the difference between the base monthly rent and the lesser of:
(i) The monthly rent and estimated average monthly cost of utilities for a comparable replacement dwelling; or
(ii) The monthly rent and estimated average monthly cost of utilities for the decent, safe, and sanitary replacement dwelling actually occupied by the displaced person.
The base monthly rent for the displacement dwelling is the lesser of:
(i) The average monthly cost for rent and utilities at the displacement dwelling for a reasonable period prior to displacement, as determined by the Developer; or
14 (ii) Thirty percent (30%) of the displaced person’s average, monthly gross household income if the amount is classified as “low income” by the U. S. Department of Housing and Urban Development’s (HUD) Annual Survey of Income Limits for the Public Housing and Section 8 Programs under the URA. (HUD’s Survey is shown as Exhibit A.) If a displacee refuses to provide appropriate evidence of income or is a dependent, the base monthly rent shall be determined to be the average monthly cost for rent and utilities at the displacement dwelling; or
(iii) The total of the amount designated f or shelter and utilities if receiving a welfare assistance payment from a program that designated the amounts for shelter and utilities
3. Downpayment Assistance to Tenants Who Choose to Purchase
The displaced household may opt to apply the entire benefit amount for which they are eligible toward the purchase of a replacement unit (Guidelines 49 CFR 24.402(b) and HUD 1378).
Residential tenants, who are otherwise eligible to receive the Rental Ass istance Payment described above, may choose to receive a lump sum payment equal to forty -two months of rental subsidy (including Last Resort Housing benefits) to purchase a new home.
A displaced household, who chooses to utilize up to the full amount of their rental assistance eligibility (including any Last Resort benefits) to purchase a home, will have the funds deposited in an open escrow account, provided that the entire amount is used for the downpayment and eligible, incidental costs associated with the purchase of a decent, safe, and sanitary replacement home. A provision shall be made in the escrow arrangements for the prompt return of the Developer funds, in the event escrow should fail to close within a reasonable period of time.
Final determination about the type of relocation benefits and assistance for which the household is eligible will be determined upon verification of the household’s occupants, length of occupancy and income.
4. Furniture Allowance Payment
If reasonably distanced comparable replacement housing options provided to the tenants to be displaced are unfurnished, the Developer will also offer an additional furniture allowance payment equal to the cost of purcha sing the same amount and quality of furniture they currently have in the motel room.
C. PROGRAM ASSURANCES AND STANDARDS
Adequate funds are available to relocate all displaced households. Relocation assistance services will be provided to ensure that di splacement does not result in different or separate treatment of households based on race, nationality, color, religion, national origin, sex, marital status, familial status, disability or any other basis protected by the federal Fair Housing Amendments Act, the
15 Americans with Disabilities Act, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the California Fair Employment & Housing Act, and the Unruh Act, as well as any other arbitrary or unlawful discrimination.
D. GENERAL INFORMATION REGARDING THE PAYMENT OF RELOCATION
BENEFITS
Claims and supporting documentation for relocation benefits must be filed with the Developer no later than 18 months after the date of displacement or receipt of a Notice of Eligibility, whichever is later.
The procedure for the preparation and filing of claims and the processing and delivery of payments will be as follows:
1. Claimant(s) will provide all necessary documentation to substantiate eligibility for assistance;
2. Relocation and Developer staff will review all necessary documentation including, but not limited to, scopes -of-service, invoices, lease documents and escrow material before reaching a determination as to which expenses are eligible for compensation;
3. Required claim forms will be prepared by relocation staff and presented to the claimant for review. Signed claims and supporting documentation will be returned to relocation staff and submitted to the Developer;
4. The Developer will review and approve claims for payment, or request additional information;
5. The Developer (or OPC via a Trust Account) will issue benefit checks to claimants in the most secure, expeditious manner possible;
6. Final payments to residential displa cees will be issued after confirmation that the Project premises have been completely vacated, and actual residency at the replacement unit is verified;
7. Receipts of payment and all claim s materials will be maintained in the relocation case file.
E. LAST RESORT HOUSING
Based on housing cost and income data derived from the occupants and costs of replacement housing resources, it is anticipated that “comparable replacement housing” may not be available as required for the households. Specifically, for renters, when the computed replacement housing assistance eligibility exceeds $ 7,200 or replacement dwelling monthly rental costs (including utilities and other reasonable recurring expenses) exceeds 30% of the person’s average monthly income, Last Resort Housing must be provided.
16 Therefore, if the Project is to go forward, the Developer will authorize funds to provide housing of last resort. In this situation, f unds will be used to make payments in excess of the monetary limit specified in the statute ($7,200); hence, satisfying the requirement that “comparable replacement housing” is available.
A displaced tenant household will be entitled to consideration for supplementary benefits in the form of Last Resort Housing assistance when the computed replacement housing assistance eligibility exceeds $7,200 or replacement dwelling monthly rental costs (including utilities and other reasonable recurring expenses) exceed 30% of the person’s average monthly income (financial means) or when a ten ant fails to meet the 90 -day occupancy requirement and comparable replacement rental housing is not available within the displaced person’s financial means. Calculations of Last Resort rental assistance benefits for tenants who fail to meet the 90 - day occu pancy requirement will be bas ed solely on household income. Non-90-day qualifiers must meet basic eligibility requirements applied to all other displacees.
Recipients of Last Resort rental assistance, who intend to purchase rather than re -rent replacement housing, will have the right to request a lump sum payment of all benefits in the form of downpayment assistance. Tenant households receiving periodic payments will have the option to request a lump sum payment of remaining benefits to assist with the pur chase of a decent, safe and sanitary dwelling.
F. IMMIGRATION STATUS
Federal legislation (PL105-117) prohibits the payment of relocation assistance benefits under the URA to any alien not lawfully present in the United States unless such ineligibility would result in an exceptional and extremely unusual hardship to the alie n’s spouse, parent, or child any of whom is a citizen or an alien adm itted for permanent residence. Exceptional and extremely unusual hardship is defined as significant and demonstrable adverse impact on the health or safety, continued existence of the family unit, and any other impact determined by the Developer to negatively affect the alien’s spouse, parent or child.
In order to track and account for relocation assistance and benefit payments, relocation staff will be required to seek immigration stat us information from each displacee 18 years and older by having them self-certify as to their legal status. There is no legal presence requirement in order to be eligible for relocation assistance under the State Relocation Program , and all eligible Projec t occupants will be offered assistance under the State program regardless of immigration status.
G. RELOCATION TAX CONSEQUENCES
In general, relocation payments are not considered income for the purpose of Division 2 of the Internal Revenue Code of 1954 , which has been redesignated as the Internal Revenue Code of 1986 (Title 26, U. S. Code), or for the purpose of determining the eligibility or the extent of eligibility of any person for assistance under the Social Security Act (42 U. S. Code 301 et seq.) or the Personal Income Tax Law, Part 10 (commencing with Section 17001) of the Revenue and Taxation Code, or the Bank and Corporation Tax Law, Part II (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. The above statement on tax consequences is not intended as tax advice by the Developer or OPC. Tenants are responsible for consulting with their own tax advisors concerning the tax consequences of relocation payments.
17 V. ADMINISTRATIVE PROVISIONS
A. NOTICES
Each notice, which the Developer is required to provide to a Project site occupant, shall be personally delivered or sent by certified or registered first -class mail, return receipt requested or email with confirmation and documented in the case file. Each notice will be written in plain, understandable language. Each notice wi ll indicate the name and telephone number of a person who may be contacted for answers to questions or other needed help.
There are four principal notices:
1) General Information Notice,
2) Information Statement
3) Notice of Relocation Eligibility, and
4) Vacate Notice.
The General Information Notice (GIN) is intended to provide potential relocatees with a general written description of the Developer’s relocation program and basic information concerning benefits, conditions of eligibility, noticing r equirements and appeal rights ( Exhibit C) A GIN was issued to the eligible tenants in January 2022.
The Informational Statement is intended to provide potential relocatees with a general written description of the Developer’s relocation program and basic information concerning benefits, conditions of eligibility, noticing requirements and appeal rights (Exhibit B ). The households will receive Informational Notices once the Project and funding has been approved.
A Notice of Relocation Eligibility (NOE) will be distributed to each displaced household (Exhibit D ). The NOE to the residential tenants contains a determination of eligibility for relocation as sistance under specific relocation programs and a computation of maximum entitlements based on information provided by the affected household and the analysis of comparable replacement properties identified by relocation staff. The households will receive NOEs once the Project and funding has been approved.
No lawful occupant will be required to move wit hout having received at least 90 days advance written notice of the earliest date by which the m ove will be necessary (Exhibit E). The 90-day vacate notice will either state a specific date as the earliest date by which the occupant may be required to move or state that the occupant will receive a further notice indicating, at least 60 days in advance, the specific date of the required move. A date-specific vacate notice will not be issued to any tenants before comparable replacement dwelling s have been made available to them.
In addition to the four principal notices, relocation staff will issue timely writ ten notification in the form of a Reminder Notice, which discusses the possible loss of rights and sets the expiration date for the loss of benefits to those persons who:
1) are eligible for monetary benefits,
2) have moved from the acquired property, and
3) have not filed a claim for benefits.
18 A Reminder Notice will be issued to all non-responsive relocatees no later than within the last six months prior to the filing expiration date.
B. PRIVACY OF RECORDS
All information obtained from tenants is considered confidential and will not be shared without the consent of the tenant or the Developer. Developer and relocation staff will comply with federal regulations concerning the safeguarding of relocation files and their contents.
C. GRIEVANCE PROCEDURES
A person who is dissatisfied with a determination as to eligibility for benefits, a payment amount, the failure to provide comparable housing, or the Developer’s property management practices may file a Relocation Assistance Appeal Form or any other written form of appeal with the Developer and have the right of administrative review. The Developer’s appeal policies will follow the standards described in Article 5, Section 6150 et seq., Title 25, Chapter 6, State of California, Department of Housing and Community Development Program guidelines.
Requests for administrative review and informal hearings will be directed to the Developer’s Senior Project Manage r. All requests for review will receive written responses from the Developer within three weeks of their receipt. If an informal appeal is denied, appellants will be entitled to file a written request for a formal hearing before an impartial and independent hearing officer.
The appellant does not have to exhaust administrative remedies first; the appeal/grievance can either go directly to HCD or directly to the Court . Any person and/or organization directly affected by the relocation plan may petition the De partment of Housing and Community Development (HCD), located at 2020 West El Camino Ave., Sacramento, CA 95833 to review the relocation plan.
More detail concerning the appeals process will be provided upon request. Appellants will retain their appeal r ights for up to 18 months following the date of displacement from the Project premises or receipt of final payment for relocation benefits, whichever is later.
D. EVICTION POLICY
1. Eviction may cause the forfeiture of a tenant’s right to relo cation a ssistance or benefits. Relocation records will be docume nted to reflect the specific circumstances surrounding any eviction action.
2. Eviction may be undertaken for one, or more of the following reasons:
(a) Failure to pay rent, except in those cases where the failure to pay is due to the Developer’s failure to keep the premises in habitable condition; is the result of harassment or retaliatory action; or, is the result of discontinuation, or a substantial interruption of services; (b) Performance of a dangerous, and/or illegal act in the unit; (c) A material breach of the rental agreement, and failure upon notification to correct said breach within 30 days of Notice;
19 (d) Maintenance of a nuisance, and failure to abate such nuisance upon notification within a reasonable time following Notice; (e) Refusal to accept one of a reasonable number of offers of replacement dwellings; and/or,
(f) A requirement under State, or local law or emergency circumstances that cannot be prevented by reasonable efforts on the part of the Developer.
E. RESIDENT/CITIZEN PARTICIPATION
The City of Anaheim has engaged the homeless community and the County Continuum of Care to inform decision and confirm demand for the need of this project. A tentative community engagement meeting is set to happen the week of January 19, 2022. As the process for considering the Project moves forward, the Developer will observe the following protocol:
1. Provide affected tenants with full and timely access to documents relevant to the relocation program;
2. Encourage meaningful participation in reviewing the relocation plan and monitoring the relocation assistance program; including the Project area occupants, neighborhood groups and community organizations forming a relocation committee (no relocation committee was forme d for 10 displaced households);
3. Provide technical assistance necessary to interpret elements of the Relocation Plan and other pertinent mate rials (the Project households were provided with a copy of the Relocation Plan for review and comment);
4. Issue a general notice concerning the availability of the Plan for public review, as required, 30 days prior to its proposed approval ( the Project households were provided an Advi sory Notice regarding the comment period with a copy of the Relocation Plan); and
5. Include written or oral comments concerning the Plan as an attachment ( Exhibit F) when it is forwarded to the City of Anaheim and the Community Development Department of the State of California (HCD) for approval.
F. PROJECTED DATE OF DISPLACEMENT
90-Day Vacate Notices will be issued to the Project tenants no earlier than April 2022.
G. ESTIMATED RELOCATION COSTS
The total budget estimate for tenant relocation benefits payments for this Project , including a 10% contingency, is $536,000. Relocation benefits will be paid with Homekey and City funds.
The estimated relocation budget does not include any payments related to property acquisition.
If the Project is implemented, and circumstances arise that should change either the number of residential occupants and/or the amount of relocation benefits’ entitlements estimated, the Developer will authorize any additional funds th at may need to be appropriated. The Developer pledges to appropriate, on a timely basis, the funds necessary to ensure the successful completion of the Project , including funds necessary for LRH as indicated in Section IV, E, of this Plan to meet its obligation under the relocation regulations.
EXHIBIT A
HUD INCOME LIMITS – ORANGE COUNTY
The following figures are approved by the U. S. Department of Housing and Urban Development (HUD) for use in the County of Orange to define and determine housing eligibility by income level.
Area Median Income: $103,000
Family Size Extremely Low Very Low Lower
1 Person 28,250 47,100 75,300
2 Person 32,300 53,800 86,050
3 Person 36,350 60,550 96,800
4 Person
40,350
67,250
107,550
5 Person 43,600 72,650 116,200
6 Person 46,850 78,050 124,800
7 Person 50,050 83,400 133,400
8 Person 53,300 88,800 142,000
Figures are per the Department of Housing and Urban Development (California), updated in April 2021.
EXHIBIT B
INFORMATIONAL STATEMENT
Relocation Assistance
Informational Statement
for Families and Individuals
(Federal)
Developer:
Linc Housing Corporation
Project Name:
Studio 6 Project
Displacing Agency Representative:
OPC
5000 Airport Plaza Drive, Suite 250
Long Beach, CA 90815
Phone: 800.400.7356
Informational Statement Content:
1. General Information
2. Assistance In Locating A Replacement Dwelling
3. Moving Benefits
4. Replacement Housing Payment - Tenants And Certain Others
5. Section 8 Tenants
6. Qualification For And Filing Of Relocation Claims
7. Last Resort Housing Assistance
8. Rental Agreement
9. Evictions
10. Appeal Procedures – Grievance
11. Tax Status of Relocation Benefits
12. Legal Presence Requirement
13. Non-Discrimination and Fair Housing
14. Additional Information And Assistance Available
Spanish speaking agents are available. Si necesita esta información en español, por favor llame a su agente.
Informational Statement for Families and Individuals
(Federal)
1. GENERAL INFORMATION
The dwelling in which you now live is in a project area to be improved by, or financed through, the Displacing Agency using federal funds. If and when the project proceeds, and it is necessary for you to move from your dwelling, you may be eligible for certain benefits. You will be notified in a timely manner as to the date by which you must move. Please read this information, as it will be helpful to you in determining your eligibility and the amount of the relocation benefits you may receive under the federal law. You will need to provide adequate and timely information to determine your relocation benefits. The information is voluntary, but if you don’t provide it, you may not receive the benefits or it may take longer to pay you. We suggest you save this informational statement for reference.
The Displacing Agency has retained the professional firm of OPC to provide relocation assistance to you. The firm is available to explain the program and benefits. Their address and telephone number is listed on the cover.
PLEASE DO NOT MOVE PREMATURELY. THIS IS NOT A NOTICE TO VACATE YOUR DWELLING. However, if you desire to move sooner than required , you must contact your representative with OPC, so you wil l not jeopardize any benefits. This is a general informational brochure only and is not intended to give a detailed description of either the law or regulations pertaining to the Displacing Agency’s relocation assistance program.
Please continue to pay your rent to your current landlord, otherwise you may be evicted and jeopardize the relocation benefits to which y ou may be entitled to receive. Once the Displacing Agency acquires the property, you will also be required to pay rent to the Displacing Agency.
2. ASSISTANCE IN LOCATING A REPLACEMENT DWELLING
The Displacing Agency, through its representatives, will assist you in locating a comparable replacement dwelling by providing referrals to appropriate and available housing units. You are encouraged to actively seek such housing yourself. When a suitable replacement dwelling unit has been found, your relocation agent will carry out an inspection and advise you as to whether the dwelling unit meets decent, safe and sanitary h ousing requirements. A decent, safe and sanitary housing unit provides adequate space for its occupants, proper weatherproofing and sound heating, electrical and plumbing systems. Your n ew dwelling must pass inspection before relocation assistance payments can be authorized.
3. MOVING BENEFITS
If you must move as a result of displacement by the Displacing Agency, you will receive a payment to assist in moving your personal property. The actual, reasonable and necessary expenses for moving your household belongings may be determined based on the following methods:
· A Fixed Moving Payment based on the number of rooms you occupy (see below); or · A payment for your Actual Reasonable Moving an d Related Expenses based on at least two written estimates and receipted bills; or
· A combination of both (in some cases).
For example, you may choose a Self -Move, receiving a payment based on the Fixed Residential Moving Cost Schedule shown below, plus contract with a professional mover to transport your grand piano and /or other items t hat require special handling. In this case, there may be an adjustment in the number of rooms which qualify under the Fixed Residential Moving Cost Schedule.
A. Fixed Moving Payment (Self-Move)
A Fixed Moving Payment is based upon the number of
rooms you occupy and whether or n ot you own your
own furniture. The payment is based upon a schedule
approved by the Displacing Agency, and ranges, for
example, from $ 510.00 for one furnished room to
$2,690.00 for eight rooms in an unfurnished dwelling.
(For details see the table). Your relocation agent will inform you of the amount you are eligible to receive, if you choose this type of payment.
If you select a fixed payment, you will be responsible
for arranging for your own move, and the Displacing
Agency will assume no liability for any loss or damage
of your personal property. A fixed payment also
includes utility hook-ups and other related moving fees.
B. Actual Moving Expense (Commercial Move)
If you wish to engage the services of a licensed commercial mover and have the Displacing Agency pay the bill, you may claim the ACTUAL cost of moving your personal property up to 50 miles. Your relocation agent will inform you of the number of competitive moving bids (if any) which may be required, and assist you in developing a “mover” scope of services for Displacing Agency approval.
4. REPLACEMENT HOUSING PAYMENT – TENANTS AND CERTAIN OTHERS
You may be eligible for a payment up to $ 7,200.00 (payment may be larger under Last Resort Housing) to assist in renting or purchasing a comparable replacement dwelling. To qualify, you must be a te nant who has occupied the present dwelling for at least 90 days immediately prior to the initiation of negotiations.
A. Rental Assistance. If you wish to rent your replacement dwelling, your maximum rental assistance benefits will be based upon the difference over a forty-two (42) month period between the rent you must pay for a comparable replacement dwelling and the lesser of your current rent or thirty percent (30%) of your monthly household income if your total gross income is classified as “low income” by the U. S. Department of Housing and Urban Development’s (HUD) Annual Survey of Income Limits for Public Housing and Section 8 Programs. You will be requir ed to provide your relocation agent with monthly rent and household income verification prior to the determination of your eligibility for this payment.
- OR –
B. Down-payment Assistance. If you qualify, and wish to purchase a home as a replacement dwelling, you can apply up to the total amount of your rental assistance payment towards the down-payment and non -recurring incidental expenses. Your relocation agent will clarify procedures necessary to apply for this payment.
Fixed Moving Schedule
CALIFORNIA (Effective 2021)
Occupant Owns Furniture:
1 room $780
2 rooms $1,000
3 rooms $1,250
4 rooms $1,475
5 rooms $1,790
6 rooms $2,065
7 rooms $2,380
8 rooms $2,690
Each additional room $285
Occupant does NOT Own
Furniture:
1 room $510
Each additional room $100
5. SECTION 8 TENANTS
When you do move, you may be eligible to transfer your Section 8 eligibility to a replacement site. In such cases, a comparable replacement dwelling will be determined based on your family composition at the time of displacement and the current housing program criteria. This may not be the size of the unit you currently occupy. Your relocation agent will provide counseling and other advisory services along with moving benefits.
6. QUALIFICATION FOR, AND FILING OF, RELOCATION CLAIMS
To qualify for a Replacement Housing Payment, you must rent or purchase and occupy a comparable replacement unit within one year from the following:
· For a tenant, the date you move from the displacement dwelling. · For an owner-occupant, the latter of:
a. The date you receive final payment for the displacement dwelling, or, in the case of condemnation, the date the full amount of estimated just compensation is deposited in court; or
b. The date the Displacing Agency fulfills its obligation to make available comparable replacement dwellings.
All claims for relocation benefits must be filed with the Displacing Agency within eighteen (18) months from the date on which you receive final payment for your property, or the date, on which you move, whichever is later.
7. LAST RESORT HOUSING ASSISTANCE
If comparable replacement dwellings are not available when you are required to move, or if replacement housing is not available within the monetary limits described above, the Displacing Agency will provide Last Resort Housing assistance to enable you to rent or purchase a replaceme nt dwelling on a timely basis. Last Resort Housing assistance is based on the individual circumstances of the displaced person. Your relocation agent will explain the process for determining whether or not you qualify for Last Resort assistance.
If you are a tenant, and you choose to purchase rather than rent a comparable rep lacement dwelling, the entire amount of your rental assistance and Last Resort eligibility must be applied toward the down-payment and eligible incidental expenses of the home you intend to purchase.
8. RENTAL AGREEMENT
As a result of the Displacing Agency's action to purchase the property where you live, you may become a tenant of the Displacing Agency. If this occurs, you will be asked to sign a rental agreement which will specify the monthly rent to be paid, when rent payments are due, w here they are to be paid and other pertinent information.
9. EVICTIONS
Eviction for cause must conform to a pplicable State and local law. Any person who lawfully occupies the real property on the date of initiation of negotiations, is presumed to be ent itled to relocation benefits, unless the Displacing Agency determines that:
· The person received an eviction notice prior to the initiation of negotiations and, as a result, was later evicted; or
· The person is evicted after the initiation of negotiations for serious or repeated violation of material terms of the lease; and
· The eviction was not undertaken for the purpose of evading relocation assistance regulations.
Except for the causes of eviction set forth above, no person lawfully occupyin g property to be purchased by the Displacing Agency will be required to move without having been provided with at least 90 days written notice from the Displacing Agency.
10. APPEAL PROCEDURES - GRIEVANCE
Any person aggrieved by a determination as to eligibility for, or the amount of, a payment authorized by the Displacing Agency’s Relocation Assistance Program may have the appeal application reviewed by the Displacing Agency in accordance with its appeals procedure. Complete detai ls on appeal procedures are available upon request from the Displacing Agency.
11. TAX STATUS OF RELOCATION BENEFITS
California Government Code Section 7269 indicates no relocation payment received shall be considered as income for the purposes of the Personal Income Tax Law, Part 10 (commencing with Section 170 01) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax law, Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code.
Furthermore, federal regulations (49 CFR Part 24, Section 24.209) also indicate that no payment received under this part (Part 24) shall b e considered as income for the purpose of the Internal Revenue Code of 1954, which has been redesignated as the Internal Revenue Code of 1986. The preceding statement is not tendered as legal advice in regard to tax consequences, and displacees should consult with their own tax advisor or legal counsel to determine the current status of such payments.
(IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (i ncluding any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax -related penalties under the Internal Revenue Code or (ii) promoting marketing or recommending to another party any matters addressed h erein)
12. LAWFUL PRESENCE REQUIREMENT
In order to be eligible to receive relocation benefits in federally funded relocation projects, all members of the household to be displaced must provide information regarding their lawful presence in the United States. Any member of the household who is not lawfully present in the United States or declines to provide this infor mation may be denied relocation benefits, unless such ineligibility would result in an exceptional and extremely unusual hardship to the alien’s spouse, parent, or child, any of whom is a citizen or an alien admitted for permanent residence. Exceptional an d extremely unusual hardship is defined as significant and demonstrable adverse impact on the health or safety, continued existence of the family unit, and any other impact determined by the Displacing Agency to negatively affect the alien’s spouse, parent or child. Relocation benefits will be prorated to reflect the number of household members with certified lawful presence in the US.
There is no legal presence requirement in order to be eligible for relocation assistance under the State Relocation Program, and all eligible Project occupants will be offered assistance under the State relocation program regardless of immigration status.
13. NON-DISCRIMINATION AND FAIR HOUSING
No person shall on the grounds of race, color, national origin or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under the Displacing Agency’s relocation assistance program pursuant to Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, and o ther applicable state and federal anti -discrimination and fair housing laws. You may file a complaint if you believe you have been subjected to discrimination. For details contact the Displacing Agency.
14. ADDITIONAL INFORMATION AND ASSISTANCE AVAILABLE
Those responsible for providing you with relocation assistance hope to assist you in every way possible to minimize the hardships involved in relocating to a new home. Your cooperation will be helpful and greatly appreciated. If you have any questions at any time during the process, please do not hesitate to contact your relocation agent at OPC.
EXHIBIT C
GENERAL INFORMATION NOTICE
General Information Notice
January 12, 2022
Occupants
12521 N. Harbor Boulevard, Room _____
Anaheim, CA 92801
Dear Occupant(s):
Linc Housing Corporation (the “Developer”) is interested in acquiring and redeveloping the property you currently occupy at 1251 North Harbor Boulevard, Anaheim, CA 92801 as part of the proposed Studio 6 – Anaheim Project (“Project”). This notice is to inform you of your rights under Federal and or State law. If the Developer acquires the property, and you are displaced for the Project, you may be eligible for relocation assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended and/or California Relocation Assistance Law (Sec 7260 et. seq. of the CA Government Code.
However, you do not have to move now.
This is not a notice to vacate the premises or a notice of relocation eligibility.
The Developer has retained the professional firm of Overland, Pacific & Cutler, LLC (OPC) to represent the Developer and assist in the relocation process.
If the Developer acquires the property, and you are permanently displaced, and you are eligible for relocation assistance, you will be given advisory services, including referrals to replacement housing, and at least 90 days advance written notice of the date you will be required to move. You would also receive a payment for moving expenses and may be eligible for financial assistance to help you rent or buy a replacement dwelling. Guests of the motel are not eligible for relocation assistance. You will be required to provide written documentation that supports any claim of permanent residency at the motel.
Any person aggrieved by a determination as to eligibility for, or the amount of, a payment authorized by the Developer’s Relocation Assistance Program may have the appeal application reviewed by the Developer in accordance with its appeals procedure. Complete details on appeal procedures are available upon request from the Developer.
Note that pursuant to Public Law 105 -117, aliens not lawfully present in the United States are not eligible for relocation assistance through a federal funding source, unless such ineligibility would result in exceptional hardship to a qualifying spous e, parent, or child. All persons seeking relocation assistance will be required to certify that they are a United States citizen or national, or an alien lawfully present in the United States. However, relocation
assistance will be provided via non -federal funds to persons not lawfully present in the United States.
If you do rent your unit as a permanent tenant, you should continue to pay your monthly rent to the motel operator because failure to pay rent and meet your obligations as a tenant may be cause for eviction and loss of relocation assistance. You are urged not to move or sign any agreement to purchase or lease a unit before receiving formal notice of eligibility for relocation assistance. If you move or are evicted before receiving such notice, yo u will not be eligible to receive relocation assistance. Please contact us before you make any moving plans.
Again, this is not a notice to vacate and does not establish eligibility for relocation payments or other relocation assistance. The Developer may not purchase the property. If the Developer decides not to purchase the property, you will be notified in writing.
If you have any questions about this or any other relocation issues, please contact the agent at the phone number provided on the previous page.
Sincerely,
Dr. Michele Folk, SR/WA, R/W-RAC, R/W-URAC
Senior Vice President
Overland, Pacific & Cutler, LLC
______________________________ Delivered on/by: ____________/_____________ Received by
X_____________________________ Posted on/by: ____________/_______________ Recipient’s Signature
______________________________ Mailed/receipt received on: _________/________ Date
EXHIBIT D
NOTICE OF ELIGBILITY
Notice of Eligibility
<<DATE>>
<<NAME>>
1251 N. Harbor Blvd., Room _____
Anaheim, CA 92801
Dear <<NAME>>:
Linc Housing Corporation (called here the “Developer”) is proceeding with the project known as the Studio 6 – Anaheim Project located at 1251 North Harbor Boulevard, Anaheim, CA 92801.
You will not be required to move without at least 90 days advance written notice of the day by which you must vacate. However, you can contact us at any time for assistance with your move and to receive the benefits for which you are eligible.
This is a notice of eligibility for relocation assistance. You are eligible for relocation assistance and benefits under the Developer’s Relocation Assistance Program.
When you do move, and depending on y our eligibility for specific programs, you may choose assistance under either the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), or the California Code of State Regulations Title 25, Division 1, Chapter 6 (Title 25).
Due to the federal funding of this project, under the URA, persons not lawfully present in the United States are not eligible for relocation payments or advisory assistance, unless such ineligibility would result in an exceptional and extremely unusual hardship to the alien’s spouse, parent, or child any of whom is a citizen or an alien admitted for permanent residence. Exceptional and extremely unusual hardship is defined as significant and demonstrable adverse impact on the health or safety, continued existence of the family unit, and any other impact determined by the Developer to negatively affect the alien’s spouse, parent or child. Under Title 25, this requirement does not apply.
Therefore, the entitlements stated below under the URA will reflect the number of legally present persons that have been identified in the Certification of Lawful Presence in the U.S. form provided by you, and/or persons for whom a hardship exemption has b een approved. Under the URA, there are __ household members out of the total of ___ who are entitled to assistance and benefits. These eligible household members are <<NAMES>>.
Additional information about your benefits was previously provided to you in the Informational Statement. You are eligible to receive the following benefits:
1. RELOCATION ADVISORY ASSISTANCE provided by Overland, Pacific & Cutler, LLC (OPC), a professional firm hired by the Developer to provide relocation assistance to you, such as referrals to replacement housing and help with filing for benefits.
2. MOVING EXPENSES: You will receive a payment to assist in moving your personal property.
You may select one of the following payments:
Under the URA
A. A Fixed Moving Payment based on the number of rooms you occupy (from Informational Statement). Your pro -rated entitlement under this option for ___ rooms is $_________ (x/x of $__________) or
B. A payment for your Actual Reasonable Moving and Related Expenses based on at least two written estimates and receipted bills; prorated to reflect the number of eligible household members (X/X); or
C. A combination of both (in some cases).
Under Title 25
A. A Fixed Moving Payment based on the number of rooms you occupy (from Informational Statement). Your entitlement under this option for __ rooms is $________; or B. A payment for your Actual Reasonable Moving and Related Expenses based on at least two written estimates and receipted bills; or
C. A combination of both (in some cases).
3. REPLACEMENT HOUSING ASSISTANCE: You are eligible for a replacement housing payment to rent or purchase a replacement home. The payment will be based on several factors, including the cost of a "comparable replacement dwelling" and your average household income.
You are entitled to choose a replacement housing payment under the URA or Title 25. These two options are explained below.
A. Replacement Housing Assistance Under the URA
If you choose assistance under the URA and rent replacement housing, you may file a claim for a RENTAL ASSISTANCE payment, equal to the difference between the monthly rent and utilities necessary to rent a comparable replacement dwelling (as determined by the Developer) and the base monthly rent, multiplied by 42 months (see table below).
A study was completed to de termine the cost of a comparable replacement dwelling for eligible occupants most nearly representative of your current dwelling. The study indicated that the dwelling located at << ADDRESS>> with a monthly rent and estimated utilities of $__________ (rent of $__________ and utilities of $______) was the most representative of your current dwelling.
Base monthly rent is defined as the lesser of:
(1) $_________, which represents the average monthly rent ($_______) and average monthly utilities ($________) at your displacement dwelling (if you are paying little or no rent, the amount is based on the economic rental value of your dwelling); or (2) $__________, which represents thirty (30) percent of your gross monthly household income if your household income is classified as “low income” by the U. S. Department of Housing and Urban Development’s Annual Survey of Income Limits for the Public Housing and Section 8 P rograms. (If “N/A”, income was not used in the calculation because you have been determined to not be “low income” and/or are a dependent, or the income information provided was insufficient evidence of income.)
Based on the above, y our base monthly rent amount is $___________, and your maximum rental assistance payment is calculated as follows:
Maximum URA Rental Assistance Payment Calculation
1 Comparable Dwelling Cost $
2 Base Monthly Rent $
3 Monthly Difference (Line 1 minus Line 2) $
4 Maximum payment (difference times 42 months) $
Your actual payment depends on the cost of the replacement dwelling you decide to rent. If you rent and occupy a replacement dwelling that rents for less than the comparable dwelling, your rental assistance payment will be based on the actual cost of your replacement dwelling. If you rent and occupy a replacement dwelling that rents for more than the comparable dwelling, your rental assistance payment will be limited by the cost of the comparable dwelling.
Please find attached a listing of available comparable replacement dwellings that you may want to consider renting that reflect replace ment housing needs under the URA. If you need any assistance or transportation to inspect these referrals, please contact the relocation agent identified below.
B. Replacement Housing Assistance Under Title 25
If you choose assistance under the State Regulations and rent replacement housing, you may file a claim for a RENTAL ASSISTANCE payment, equal to the difference between the monthly rent and utilities necessary to rent a comparable replacement dwelling (as determ ined by the Developer) and the base monthly rent, multiplied by 42 months.
A study was completed to determine the cost of a comparable replacement dwelling for eligible occupants most nearly representative of your current dwelling. The study indicated that the dwelling located at <<ADDRESS>> with a monthly rent and estimated utilities of $_______ (rent of $________ and utilities of $ ______) was the most representative of your current dwelling.
Base monthly rent is defined as the lesser of:
(1) $_________, which represents the average monthly rent ($_______) and average monthly utilities ($____) at your displacement dwelling (if you are paying little or no rent, the amount is based on the economic rental value of your dwelling); or (2) $_______, which represents thirty (30) percent of your gross monthly adjusted household income (If “N/A”, income was not used in the calculation because it has been determined the income information provided was insufficient evidence of income.)
Based on the above, your base monthly rent amount is $________ and your maximum rental assistance payment is calculated below:
Maximum Rental Assistance Payment Calculation
1 Comparable Dwelling Cost $
2 Base Monthly Rent $
3 Monthly Difference (Line 1 minus Line 2) $
4 Maximum payment (difference times 42 months) $
Your actual payment depends on the cost of the replacement dwelling you decide to rent. If you rent and occupy a replacement dwelling that rents for less than the comparable dwelling, your rental assistance payment will be based on the actual cost of your replacement dwelling. If you rent and occupy a replacement dwelling that rents for more than the comparable dwelling, your rental assistance payment will be limited by the cost of the comparable dwelling.
If you BUY replacement housing (Downpayment Assistance)
You may use the amount of your rental assistance payment under either the URA or Title 25 for down payment assistance. Should you choose to buy (rather than rent) a decent, safe and sanitary replacement home under the URA or Title 25, you may use the full amount of your rental assistance payment ($____________), as calculated above for a down payment and incidental expenses (typically known as “closing costs”) associated with the purchase of a replacement dwelling. Under the URA or Title 25 , you are not limited in the type of home you choose.
If you have received any amoun t as rental supplements, then those amounts will be deducted from all eligible down payment calculations. Let us know if you would prefer to buy a replacement home, and we will help you find such housing.
To be eligible for a replacement housing payment described above, you must rent or purchase and occupy a decent, safe and sanitary replacement dwelling within 12 months, as well as file claims for replacement housing or moving payments within 18 months from the date you move from your displacement dwelling. Failure to occupy the replacement dwelling or to submit claims within the above time limits could result in loss of moving and/or replacement housing benefits.
You do not have to accept any dwelling referred to you by the Developer. You may choose your own replacement, but to qualify for relocation assistance payments it must first be inspected to assure that it meets the “decent, safe and sanitary” standards. For this reason, DO NOT MOVE from your home and DO NOT CONTRACT to rent or purchase a replacement dwelling without first contacting your relocation agent. The “decent, safe and sanitary” inspection is not a substitute for a professional housing inspection.
The Relocation Assistance Program is very complex. It is important that you carefully read and understand the matters explained in this notice and in the Informational Statement which was provided to you.
Any person aggrieved by a determination as to eligibility for, or the amount of, a payment authorized by the Developer’s Relocation Assistance Program may have the appeal application reviewed by the Developer in accordance with its appeals procedure. Complete details on appeal procedures are available upon request from your relocation agent.
If at any time you have questions or need assistance, please contact your relocation agent:
<<NAME>>
<<ADDRESS>>
<<PHONE>>
Sincerely,
Attachment (referrals)
EXHIBIT E
NOTICE TO VACATE
90-Day Notice to Vacate
<<DATE>>
<<NAME>>
1251 N. Harbor Blvd., Room _____
Anaheim, CA 92801
Dear <<NAMES>>:
Linc Housing Corporation (called here the “Developer”) acquired the property which you occupy at 1251 North Harbor Boulevard, Anaheim, CA 92801 (called here the “Premises”). The Developer has now determined that it will be necessary for you to vacate the Premises.
Notice is hereby given that the Developer elects to terminate your tenancy beginning <<DATE>> and ending <<DATE>>, and you are hereby to quit and deliver up possession of the property you occupy on or before <<DATE>>. If you do not vacate the Premises by that date, the Developer will initiate leg al proceedings to recover possession of the Premises, along with any rents and damages.
During this period, OPC will be available to provide assistance with referrals to replacement sites, coordination with movers and other vendors, the processing of relocation benefit claim forms, and other tasks to help facilitate your relocation. Please contact your relocation agent listed below if you have any questions regarding this notice or the relocation process. Upon vacating your unit, you are responsible for removing all of your personal property, delivering the Premises in satisfactory condition and turning in the keys to your relocation agent.
Sincerely,
_________________________ Delivered on/by: ___________/____________ Received by
X________________________ Posted on/by: ___________/______________ Recipient’s Signature
_________________________ Mailed/receipt received on: _______/_______ Date
EXHIBIT F
PUBLIC COMMENTS & RESPONSES
All eligible Project households received a copy of the draft Relocation Plan and an Advisory Notice regarding the public comment period and Plan review. There were no comments or questions received during the 30 -day pub lic review and comment period between Saturday, February 5, 2022 and Monday, March 7, 2022.