Bel’Age Manor Senior Apartments Project
RELOCATION PLAN
PREPARED FOR:
Belage Preservation Limited Partnership
c/o RAHF V Belage, LLC
551 Fifth Avenue, 23rd Floor
New York, NY 10176
(917) 542-3600
PREPARED BY:
Overland, Pacific & Cutler, LLC
5000 Airport Plaza Drive, Suite 250
Long Beach, CA 90815
(562) 304-2000
March 2022
i
TABLE OF CONTENTS
INTRODUCTION 1
I. PROJECT DESCRIPTION 4
A. REGIONAL LOCATION 4
B. PROJECT SITE LOCATION AND DESCRIPTION 4
II. ASSESSMENT OF RELOCATION NEEDS 6
A. SURVEY METHOD 6
B. OCCUPANT DATA 6
1. Current Occupants 6
2. Income 6
3. Language 6
4. Senior/Handicapped Households 6
5. Temporary Housing Needs 6
III. RELOCATION RESOURCES 8
A. TEMPORARY HOUSING AVAILABILITY 8
IV. THE RELOCATION PROGRAM 9
A. ADVISORY ASSISTANCE 9
B. RELOCATION BENEFITS 10
C. GENERAL INFORMATION REGARDING THE PAYMENT OF RELOCATION BENEFITS 11 D. PROGRAM ASSURANCES AND STANDARDS 12
E. LAST RESORT HOUSING 12
F. RELOCATION TAX CONSEQUENCES 12
G. GRIEVANCE PROCEDURES 12
H. IMMIGRATION STATUS 13
V. ADMINISTRATIVE PROVISIONS 14
A. NOTICES 14
B. PRIVACY RECORDS 14
C. EVICTION POLICY 15
D. CITIZEN PARTICIPATION 15
E PROJECTED DATE OF DISPLACEMENT 15
F. ESTIMATED RELOCATION COSTS 16
LIST OF EXHIBITS
EXHIBIT A: HUD Income Levels – Orange County
EXHIBIT B: General Information Notice
EXHIBIT C: Notice of Non-Displacement
EXHIBIT D: Vacate Notice (Temporary)
1 INTRODUCTION
Belage Preservation Limited Partnership (“Developer”) has authorized the preparation of a Relocation Plan to be u ndertaken in connection with the planning of a proposed ownership restructure and rehabilitation project of an existing 180- unit senior apartment complex called Bel’Age Manor Senior Apartments ( “Project”) located at 1660 W. Broadway, Anaheim, California 92802. The Developer plans to obtain cont rolling interests in and to commence and complete the reha bilitation of the Project in two phases , including improvements to the senior apartment units, common areas and exterior areas of the development.
The Develop er entity, as restr uctured and reorganized, will be comprised of :
(ii) RAHF V Belage, LLC in its capacity as a general partner , together with its permitted successors and assigns (“Administrative G eneral P artner”), (ii) RAHF V Belage, LLC , a Delaware limited liability company (in its capacity as a limited partner, together with its permitted successors and assigns (“JRC Limited Partner ”), (iii) JHC-Belage LP LLC, a California limited liability company (in its capacity as a limited partner, together with its permitted successors and assigns (“Jamboree Limited Partner ”), (iv) JHC-Belage GP LLC, a California liability company (in its capacity as a general partner, together with its permitted successors and assigns (“Managing General Partner”).
The Developer is currently in escrow in an interest -purchase transaction to receive conveyance of fee title to the Prop erty and Project. The Property is subject to a series of existing regulatory agreements, including:
• Regulatory Agreement and Declaration of Restrictive C ovenants dated as of February 1, 2008 and recorded in the Official Records as In strument No. 2008-000071739 on February 15, 2008 ( “2008 Bond Regulatory Agreement ”). The 2008 Bond Regulatory Agreement remains in full force and effect and the term of the Qualified Project Period continues for the fifty -five (55) -year period defined and described therein. The 2008 Bond Regulatory Agreement was amended by that certain First Amendment to Regulatory Agreement and Declaration of Restrictive Covenants dated as of F ebruary 1, 2008 and recorded in the Official Records as Instrument No. 2008-000071742 (“First Amendment to 2008 Bond Regulatory Agreement”). Together, the 2008 Bond Regulatory Agreement and First Amendment to 2008 Bond Regulatory Agreement are referred to as the “2008 Bond Regulatory Agreement” and such instruments remain in full force and effect.
• Tax Credit Regulatory Agreement dated as of July 7, 2008 and recorded in the Official Records as Instrument No. 2021-000760297; this agreement remains in full for ce and effect for the 30-year Compliance Period (defined therein). • Affordable Housing Agreement dated as of February 1, 2008 and recorded in the Official Records as Instrument No. 2008- 000071745 on February 15, 2008 (“2008 Agreement”).
Section 6 of the 2008 Agreement defined the “ Term” thereof as “ninety-nine (99) years, commencing upon recordation of this [2008] Agreement ”, that is until February 15, 2063. The 2008 Agreement restrict s 178 units (of the t otal 180 units) as affordable housing for Very Low Income and Low Income Senior Citizen tenant households for a 99-year Term. 2 • The Developer and the Anaheim Housing Authority (“Authority”) are negotiating the terms of an Amended and Restated Affordable Hous ing Agreement (“New AHA”) that will replace the 2008 Agreement and reset the affordable housing covenants and affordability term for 99 years , as well as set forth more specific terms for the rehabilitation of the Project, and establish more detailed prope rty management, maintenance stan dards, the sc ope of social and supportive services to be provide d by the Developer to the tenants and related condi tions, covenants and res trictions. This is set forth in the draft New AHA that will be presented to the City Council for consideration and action on May 24, 2022; and, if the New AHA is approved by the Authority in is sole and independent r eview and discretion, then the rese t conditions, covenants and re strictions will be set forth in the Authority Regulator y Agreement that will be recorded against the Property and Project in the Official Records.
Under the existing agreements described above, the Project restrictions as to the 178 Affordable Units is summarized as follows:
• fi
fty-nine (59) one -bedroom unit s for occ upancy by qualified Very Low Income Households;
• three (3) studio units for occupancy by qualified Low Income Households; and
• one hundred sixteen (116) one -bedroom units for occupancy by qualified Low Income Households.
There are three (3) studio units and 177 one- bedroom units within the Project. Under the New AHA, there will be no loss of units within the building, and the bedroom counts will remain the same. The restrictions of rec ord as to Very Low and Low I ncome tenant categor ies and Affordable Rent will remain the same ; thus, the rehabilitated units will continue to be restricted to Very Low and Low Income tenants at an Affordable Rent under the New AHA. Based on the current rent ro ll provided by the Developer, three existing households are over the 60% AMI limit. These three households will be grandfathered and will not be displaced.
Most of the Scope of Substantial Rehabilitation as described in the New AHA, including the Phase 1 Rehab and the Phase 2 Rehab , will occur in the site ’s external and internal common areas and amenities , although e nergy efficiency upgrades will occur in the units, and nine units will rec eive modifications to meet Uniform Federal Accessibility Standards (“ UFAS”) and Americans with Disabilities Act ( “ADA”) requirements. A summary of the Scope of Rehabilitation is included in Exhibit A.
The Developer’s planned rehabilitation and scope of work will be undertaken and completed with tenants-in-place for most units. Nine of the units w ill become UFAS/ADA compliant and compatible units and will require residents to temporari ly relocate for approximately 30 day s or less into an on-site vacant unit.
The Pr oject will be fi nanced by C onventional Debt (Fannie Mae permanent mortgage) and Equity investments will be made by the JRC Limited Partner and JHC Limited Partner. Part of the new conventional first lien mortgage will be secured by renewal of the existing Section 8 Project-Based Voucher HAP Contract that is currently in-place and will be renewed/extended for another 15 years at acquisition closin g in about mid-April 2022. Thi s part of the transaction is further described in the draft New AHA, which draft agreement will be made available for public
3 review in connection with the posting of the Housing Authority agenda for the April 12, 2022 regular meeting.
Overland, Pacific & C utler, Inc. (“OPC”), an experien ced relocation consulting firm, was retained to prepare a Relocation Plan ( “Plan”) in compliance with statutory requirements, to evaluate the present circumstances of affe cted tenants, identify the housing requirements of tenant to be temporarily displaced, and to describe the Developer’s temporary relocation plan.
Due to the proposed Existing HAP Contract Second Extension and the New AHA, this Plan and the relo cation program described within meets 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 California Relocation Assistance Law , Government Code Section 7260, et seq., and the Relocation Assistance and Real Property Acquisition Guidelines adopted by the State of California, Department of Housing and Community Development and set f orth at Title 25, California Code of Regulations Section 6000, et seq. (together, “Relocation Laws”).
As of the date of this Plan, nine households may require temporary relocation and 165 households may receive limited temporary relocation accommodation when required to be out of their units some hours during the day (tenant -in-place rehab ). The ne eds and characteristics of the tenants and the Developer’s program to provide assistance to e ach affected person are general subjects of this Plan.
This Plan is organized in five sections:
1. Project description (SECTION I);
2. Assessment of the relocation needs of persons subject to temporary displacement (SECTION II);
3. Assessment of available temporary units (SECTION III);
4. Description of the Developer’s temporary relocation program (SECTION IV);
5. Description of the Developer’s Project timeline and budget (SECTION V).
4 I. PROJECT DESCRIPTION
A. REGIONAL LOCATION
The Project is located in the City of Anaheim within northern Orange County. The Project site is immediately accessible from Interstate 5 and State Highway 91. Surrounding communities include Fullerton, Buena Park, Placentia, Orange, G arden Grove and Stanton ( Figure 1:
Regional Project Location).
Figure 1: Regional Project Location
B. PROJECT SITE LOCATION AND DESCRIPTION
The Project Site is located at 1660 W. Broadway, Anaheim, CA 92802 and consists of one parcel, with a total of 3.14 acres. The Project site is improved with a three- story apartment building with 180 units. The development is generally bordered by W. Broadway, S. Loara Street, S. Euclid Street and W. Tedmar Avenue (Figure 2: Project Site Location).
There are a total of three studio unit s and 177 one-bedroom units, including three manager units.
As of the date of this Plan, 171 units to be rehabilitated are occupied by permanent residents , the three manager units are occupied by staff, and six units are vacant.
5 Figure 2: Project Site Location
6 II. ASSESSMENT OF RELOCATION NEEDS
A. SURVEY METHOD
To obtain information necess ary for the preparation of this updated Plan, data on the occupied households was pr ovided to OPC by the Developer in early March 2022. Individual interviews with all affected residents will be conducted closer to the implementation of the rehabilitation in during phases. Any additional specific needs or required accommodations for the te nants’ relocations will be determined at such times.
B. OCCUPANT DATA
1. Current Occupants
As of the date of this Plan, there are 180 units to receive some level of renovation for the Project, of which 174 units are occupied. This is a Se nior Citizen housing project; the households consist of a total of 215 individuals (all adults). Household size ranges from one person to two persons.
2. Income
Information regarding gross household income was provided for the households by the Developer. According to incom e standards for the County of Orange (Exhibit B) adjusted for family size as published by the United States Department of Housing and Urban Devel opment (HUD), all but three households qualify as Extremely Low Income (30% or less AMI) or Very Low Income (31 % - 50% AMI). There are three households over the 60% income limit.
The three over-income households will be grandfathered and will not be displaced.
3. Language
The primar y language spoken by the re sidents is Spanish, although other languages include Korean, Chinese, Arabic, and Vietnamese. Closer to implementation, interviews will be conducted with affected residents. All verbal communication and required written notices will be provided in the language understood by the members of the household or an int erpreter will be provided.
4. Senior/Handicapped Households
Currently, there are 195 resid ents among the tenant households, who are Senior Citizens as defined by the Un ruh Act, California Civil Code Se ction 51.3, et seq . Sixteen tenants hav e disabilities: one wheelchair-bound, 10 who utilize a walker, one who is blind, and four who have hearing challenges. If additional special needs are identified when the project oc cupants may and/or are ultimately displaced, appropriate steps will be taken to accommodate those needs, and suitable temporary housing options and additional assistance for their s pecial needs will be provided.
5. Temporary Housing Needs
Nine households will ne ed to move to a n on-site vacant unit during renovation work and other rehabilitation activities, in particular the units requiring UFAS/ADA upgrades and related improvements. For the remaining 165 tenant-in-place rehabs, t here are three community rooms
7 on-site, including one with a kitchen that may be utilized b y the tenants while they ar e required to be out of their units for some hours during the day. In addition, the Developer will keep a t least two units vacant during the construction phase to serve as an on-site temporary housing unit for the tenants in the units to receive UFAS/ADA upgrades and as a “hospitality unit” to be used for tenants needing a special accommodation while minimal up grades are being provided within their units (tenant-in-place rehab) if the community room is not a viable option.
8 III. RELOCATION RESOURCES
A. TEMPORARY HOUSING AVAILABILITY
The Developer’s planned rehabilitation and scope of work will require up to nine households (UFAS/ADA units) to temporarily relocate into on-site vacant units for approximately 30 days.
At any given time during the multiple -phased relocation activities, one temporary unit will be required per phase, and there are currently six vacant units. The Developer will hold at least two units vacant, therefore the Developer anticipates that no off-site housing will be needed.
The remaini ng units will receive plumbing fixture and lighting upgrades and new appli ances.
Over a period of 4- 5 days, property management staff will need to enter the units some hour s of the day between 8:00am – 5:00pm to install new, remove old (swap out) appliances and perform the interior upgrades.
Tenants may choose to remain in their units while property management staff are there, or they may utilize the on-site community rooms and kitchen during the hours they choose to be out of their units. A vacant unit on-site will also be made available for their use d uring the day, if they require a special accommodation . Tenants unable to remain i n their unit or be on-site during the work hours will be provided reasonable alternative accommodations during work hours.
All tenants will continue to pay their rent and utilities to the Developer for the tenants’ c urrent units, and the Developer will pay the full housing cost of the temporary units and facilitate and provide personal assistance to the residents affected by the renovation work. After rehabilitation has been completed, qualified tenants will move back to their original apartment and will continue occupancy under the affordable housing standards.
All temporary housing will be inspected to assure it is decent, saf e and sanitary and meets the needs of the residents regarding mobility and other special needs , challenges and reasonable and necessary accommodations. If residents recei ve services or are normally transported to off -site facilities during the days they wi ll be in temporary housing, arrangements will be made to continue the services and/or transportation of the resident to and from the temporary housing.
The Developer unders tands that if the tenants are required to be out of a Project unit for more than one year, permanent relocation benefits must be offered to them under federal relocation regulations with no reduct ion for temporary relocation benefits previousl y paid. This circumstance is not anticipated at the time this Plan was prepared.
9 IV. THE RELOCATION PROGRAM
The Developer’s Relocation Program is designed to be responsive to unique Project circumstances, emphasize maintaining personal contact with all affected individuals, and consistently apply all criteria to formulate elig ibility and benefit determinations and conform to all applicable requirements. The Developer will provide r esidents the ass istance, rights and benefits required under the applicable Relocation Law s. The relocation program will provide both advisory and financial assistance. Every effort will be made to facilitate relocation arrangements and minimize hardships for the residents..
The Developer will retain a qualified re location c onsulting firm, to help administer the Relocation Program. Experienced Developer staff will monitor the performance of the consultant and be responsible to approve or disapprove the consultant ’s recommendations concerning eligibility and benefit determinations and interpretations of Developer’s policy.
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 displa cees about the Developer’ relocation program, help in the process of finding appropriate temporary accommodations, facilitate claims processing, maintain a communication link with the Developer and coordinate the involvement of outside service providers.
To follow through on the advisory assistance component of the relocation pr ogram and assure that the Developer meet their obligations under the R elocation Laws, and Developer staff will perform the following functions:
1. Distribute appropriate written infor mation concerning the Developer’s relocation program and accommodations to be offered to tenants not required to leave their units;
2. Inform the eligible households of the nat ure of, and procedures for, obtaining available relocation benefits;
3. Determine the needs of each displacee eligible for assistance (including through personal interviews with the persons to be displaced);
4. Provide the tenants to be temporarily relocated with comparable temporary housing within a reasonable time prior to displacement.
5. Inspect temporary housing to assure it meets decent, safe and sanitary standard s as described in the Relocation Laws;
6. Assist eligible occupants in the preparation and submissio n of relocation assistance claims;
7. Provide additional reasonable services n ecessary to successfully temporarily relocate occupants;
10 8. Make benefit determinations and payments in accordance with applicable law and the Developer’s adopted relocation guidelines;
9. Assure that no occupant is required to move without a minimum of 30 days’ notice to temporarily vacate;
10. Inform all persons subject to displacement of the Developer’s policies with regard to eviction and property management;
11. Establish and maintain a forma l grievance procedure for use by displaced persons seeking administrative re view of the Developer’s decisions with respect to relocation assistance , including the Authority’s grievance procedures established and implemented pursuant to the Relocation Laws; and
12. Provide assistance that does not result in different or separate treatment bas ed on or due to an individual’s sex, marital status, race, color, religion, ancestry, national origin, physical handicap, sexual orientation, and domestic partnership status.
No household will be required to move without both adequate notice and access to available affordable decent, safe and sanitary housing. Personal contact will b e maintained with all individuals until the relocation process has been completed.
B. RELOCATION BENEFITS
Specific eligibility requirements and benefit plans will be detailed on an individual basis with all tenants. In the course of a personal intervi ew and follow -up visits, each household will be counseled as to available o ptions and the consequences of any choice with respect to financial assistance.
Relocation benefits will be provided in accordance with the provisions of the D eveloper’s program and procedures pertaining thereto.
Residents to Be Temporarily Relocated On-Site
A resident to be temporarily dis placed will continue to pay their portion of the rent and utilities to the Developer for the resident’s current unit, and the Developer will pay the full housing cost of the temporary on- site unit. After rehabilitation ha s been completed, residents will move back to their original unit within the Project.
As and if necessary based on the scope of rehabilitation work, at no cost to the residents, the affected residents’ furniture and personal property will be moved to the temporary accommodations, and the furniture and personal property will be moved bac k into the residents’ units prior to the residents’ return. The Developer wi ll pay for a professional mover to move the tenants’ furniture and belongings into the temporary units and back into t he tenants’ permanent units once rehabilitation activities are completed. (Packing/unpacking services will also be provided at no cost to the resident , if needed.) The temporary unit will be professionally cleaned in between occupancies.
Any reasonable and necessary out -of-pocket costs associated with the temporary m oves will be paid by the Developer, including, but not limited to, all tempo rary housing and moving costs, and storage costs, as applicable.
11 All te mporary relocation will co nform to the require ments of the Relocation Laws . Residents will be given at least 30 days’ written notice to vacate into temporary housi ng, and advisory services will be provided throughout the relocation process. Relocation and Developer staff will provide all required relocation assistance to the households who w ill be temporarily displaced at the time rehabilitation is initiated.
The Developer will directly pay the selected moving company to relocate the tenants’ personal property to the temporary unit during the rehabilitation phase and back to the tenants’ perm anent unit. Therefore, no tenant should incur any out -of-pocket costs associ ated with the temporary relocation.
However, in the event a tenant does incur a cost related to t he temporary relocation, the Developer will reimburse all eligible, reasonable and necessary costs.
Tenant-In-Place Rehab
Tenants, who choose to be out of thei r units some hours of the day while property management staff are in the units to replace appliances or upgrade lighting and plumbing fixtures, will have the option to remain in their units or to utilize the thre e community rooms and one community kitchen on-site. If the tenant’s kitchen within their unit is unavailable and the community kitchen is unavailable, a lunch per diem will be provided to the tenant or lunch will be provide d at the Developer’s cost.
In addition, the Developer will hold at least one unit vacant to be used when there is a special accommodation needed for a tenant to be able to be in a private unit rather than community space during the day. The unit will be minimally furnished, and cable, internet and TV will be provided for the tenants. The unit will be professionally cleaned on a regular basis , if it is being utilized during the day.
C. GENERAL INFORMATION ON PAYMENT OF RELOCATION BENEFITS Although the Developer does not anticipate receiving relocation claims, the claims, if any, and supporting documentation for relocation benefits must be filed with the Developer and copies provided to the Authority within 60 days from the date the claimant returns to a new unit, if they were temporarily displaced.
The procedure for the preparation and filing of claims and the processing and delivery of payments will be as follows:
1) Tenants(s) will provide all necessary documentation to substantiate eligibility for assistance;
2) Assistance amounts will be deter mined in accordance with the provisions of the applicable relocation law and guidelines;
3) Required claim forms will be prepared by relocati on personnel and reviewed with tenants. Signed claims and supporting documenta tion will be submitted by relocatio n personnel to the Developer;
12 4) The Developer will review all claims for payment and determine whether to approve, deny, or seek additional information;
5) The Developer will issue benefit checks for distribution to tenants by Developer or relocation staff;
6) All correspondence, back -up documentation, claim s, receipts of payment and notices will be maintained in the relocation case file.
D. PROGRAM ASSURANCES AND STANDARDS
Developer has and has committed adequate funds , and such funds are available, to assist all impacted households. Relocation assistance services will be provided to ensure that displacement does not result in different or separate trea tment 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 Americans with Disabilities Act, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the Califor nia Fair Employment & Housing Act, and the Unruh Act, as well as any other arbitrary or unlawful discrimination.
E. LAST RESORT HOUSING
There are no permanent displacements anticipated; and, there is adequate temporary housing on-site to accommodate the nine households to be temporarily relocated. Therefore, there is no need for housing of last resort.
F. RELOCATION TAX CONSEQUENCES
In general, relocation payments are not c onsidered 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. C ode), 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 Sec tion 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.
G. GRIEVANCE PROCEDURES
The Relocation Appeals i mplemented by the Developer shall comply with the Authority’s Relocation Appeals and grievance procedures and shall comply with applicable Relocation Laws. The Relocation Appeal process will be consistent with the Provisi ons of the Relocation Laws and the right to appeal shall be described in all relocation explanatory material distributed to tenants.
As required under the Relocation Laws , tenants will have the right to ask for administr ative review when they believe themselves aggrieved by a determination as to eligib ility, payment amounts, and the failure to provide comparable temporary housing or the Developer' property management practices
13 Requests for administrative review and inform al hearings will be directed to the Developer’s Associate, with copies to, coordination with, and participation by the Anaheim Housing Authority and its assigned staff. 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 pursuant to the Authority’s adopted procedures and applicable provisions of the Relocation Laws.
Except as provided by applicable laws, the tenant does not have to exhaust administrative remedies first; the appeal/grievance can eit her go directly to the A uthority (or City of Anaheim) directly, or directly to State HCD or direc tly to the Court . Any person and/or organization directly affected by the relocation plan may petition the Department 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 wil l retain their appeal rights for up to 18 months following the date of displ acement from the Project, if such were to occur, or receipt of final payment for relocation benefits, whichever is later.
H. IMMIGRATION STATUS
This Plan notes that federal Public Law 105-117 prohibits the payment of relocation assistance benefits under the URA to any person who is not lawfully present in the United States; persons who are not lawfully present in the United States (referred to as aliens in the Public Law ) unless the ineligibility for assistance and benefits would result in an exceptional and extremely unusual hardship to the displaced person’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.
In order to track and account for relocation assistance and benefit payments, Developer staff will be required to seek immigration status information from each tenant aged 18 years or older by having them certify as to their legal status.
Under state relocation laws, there are some provisions that allow the Developer to provide relocation assistance to persons who are not lawfully present in the United States.
14 V. ADMINISTRATIVE PROVISIONS
A. NOTICES
Each notice, which the Developer is required to provide to a Project occupant, shall be personally delivered or sent by certified or registered first-class mail, return receipt requested and documented in the case file. Each notice will be written in plain, understandable language.
Persons who are unable to read and understand any notice will be provided with appropria te translation and counseling. Each notice will indicate the name and telephone number of a person who may be contacted for answers to questions or other needed help.
There are three principal notices:
1) General Information Notice (also referred to as the GIN Notice); 2) Notice of Non-Displacement; and
3) Notice to Temporarily Vacate
The GIN Notice is i ntended to provide residents with a general written description of the Developer’s relocation program and basic information concerning a dvisory assistance, monetary benefits, conditions of eligibility, noticing requirements and appeal rights (Exhibit C) The GIN is issued as early as is feasible in the initial stages of a Project, preferably, the planning stage. GINs will be issued to all tenants with proof of service in mid-March 2022.
A Notice of Non -Displacement (NOND) will be dis tributed to each qualified household eligible to remain in a Project unit (Exhibit D). The NOND to the household contains a determination of eligibility to remain in a Project unit po st-rehab. The N OND also describes the benefits for which the household to be temporaril y displaced is eligible. The NOND will be issued to the households after the New AHA is considered, and if such agreement is approved by the Authority in its sole discretion.
No resident will be required to temporarily move without having received at least 30 days advance written notice of th e earliest date by which the tempora ry move will be necessary. The Notice to Temporarily Vacate will state a specific date by which the occupants are required to move and will provide the address of a comparable availab le temporary unit for the household to occupy (Exhibit E).
In addition to the three principal notices, Developer staff will issue a timely written notification in the f orm 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 property, and
3) have not filed a claim for benefits.
B. PRIVACY OF RECORDS
All information obtained from tenants is considered confidential and will not be shared without the consent of t he displacee or the Developer. Developer staff will comply with the Relocation
15 Laws and other applicable laws and regulations concerning the safeguarding of relocation files and their contents.
C. EVICTION POLICY
1. Eviction may cause the forfeiture of a disp lacee’s right to relocation assistance or benefits. Relocation records will be documented to reflect the specif ic 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 p ay is due to the owner’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;
(d) Maintenance of a nuisance, and failure to abate such nuisance upon notification within a reasonable time following Notice; (e) Refusal to accept a reasonable offer of temporary housing; and/or, (f) A requirement under State, or local law or emergency circumst ances that cannot be prevented by reasonable efforts on the part of the Developer.
D. CITIZEN PARTICIPATION
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; and, the draft of the New AHA will made available when the matter is posted on an open meeting agenda for consideration and action by the Authority in its sole, independent discretion.
2. Encourage meaningful participation in monitoring the relocation assistance program;
3. Provide technical assistance necessary to interpret elements of the temporary relocation program and other pertinent materials.
E. PROJECTED DATE OF DISPLACEMENT
Currently, the Phase 1 Rehab and renovation work is ex pected to start in May 2022 and will continue through completion of the Phase 2 Rehab that is estimated to be completed in about February 2024. General unit improvements (LED fixtures, low -flow water fixtures , new appliances) will start immediately . The nine (9) UFAS/ADA unit conve rsions will likely commence in February 2023 and continue until November 2023.
16 The Developer ant icipates that a date specific Notice to Vacate will be issued no earlier than January 2023 to tenants who must temporarily vacate their units.
F. ESTIMATED RELOCATION COSTS
The total budget estimate for temporary relocation and tenant -in-place assistance-related payments, including a 10% contingency, for this Project is $31,000.
The estimated budget includes costs related to the personal property relocation of nine households, utilities , amenities and cleaning services for two o n-site units (one for tempo rary housing and one for special accommodation requests) , a lunch per diem payment for tenant -in- place households and miscellaneous expenses. The estimated relocation budget does not include any payments related to rehabilitation or consultant services related to implementation.
If the Project is implemented, and circumstances arise that sh ould change either the number of residential occupants, or the nature of their activity, the Developer will authorize any additional funds that 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 and implementation of this Relocation Plan in compliance with the Relocation Laws.
Exhibit A
EXHIBIT A
SCOPE OF WORK FOR REHABILITATION
Bel’ Age Manor Senior Apartments Project will undergo a renovation starting May 2022, with most of the renovation scope to occur within the Project’s external and internal common areas and amenities:
- Repair cracks in concrete / sidewalks on-site
- Mill and resurface parking lot
- Improve landscape, fencing, and site signage and lighting - Recoat roof
- Caulk and paint building
- Improvements to the balconies and balcony railings
- Elevator modernization
- Clean and repair site and building drainage
- Improvements to interior common area lighting
- New common area flooring in the corridors and community rooms - New ceiling tile and grid in the corridors
- Installation of kitchens with kitchen appliances in the community room - Renovation of community rooms on all three floors
Unit improvements include:
- Installation of LED light fixtures and bulbs
- Installation of low-flow water fixtures in kitchens, bathrooms, and a low-flow toilets
- Installation of new EnergyStar appliances: refrigerators, ranges & hoods, dishwasher
- Installation of new smoke and CO detectors
- HVAC cleaning and tuning
In addit ion, nine residential units will be identified and renovated to meet current UFAS accessibility requirements.
Exhibit B
EXHIBIT B
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 eligibilit y by income level.
Area Median Income: $106,700
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 (Cali fornia), updated in April 2021.
Exhibit C
EXHIBIT C
GENERAL INFORMATION NOTICE
(attached)
Exhibit C
Exhibit C
Exhibit C
Exhibit C
Exhibit D
EXHIBIT D
NOTICE OF NON-DISPLACEMENT
(attached)
Exhibit D
Notice of Non-Displacement
<<DATE>>
<<HEAD-OF-HOUSEHOLD>>
and All Other Occupants
<<
Dear <<NAME>>:
Belage Preservation Limited Partnership (called here the “Developer”) notified you previously of proposed plans to rehabilitate the property you currently occupy at 1660 W. Broadway, Anaheim, CA 92802. Now that funding has been secured, the repairs will begin soon.
You are protected by the Uniform Relocation and Real Property Acquisi tions Policy Act of 1970, as amended (URA) and the California Relocation Assistance Law, Government Code Section 7260, et seq. (together, “Relocation Laws”). The Developer has retained the professional firm of <<NAME>> to assist in the temporary relocation process.
This is a NOTICE OF NON-DISPLACEMENT.
You will not be required to move permanently as result of the rehabilitation.
This notice guarantees you the following:
1. If you must move temporarily so that the rehabilitation can be co mpleted, the Developer will pay for all eligible costs related to temporary moving expenses, includi ng the cost of moving to and from temporary housing and any increased interim housing costs.
2. The temporary unit will be decent, safe and sanitary, and all o ther conditions o f the temporary move will be reasonable.
3. Upon completion of the rehabilitation, yo u will be able to lease and occ upy your present apartment or another suitable, decent, safe and sanitary apartment in the same building/complex under reasonable terms and conditions.
4. One of the protection s for persons temporarily relocated is that such re locations shall not extend beyond one year. If the temporary relocation lasts more than one year, you will be contacted and offered all permanent relocation assistance as a displaced person under the Relocation Laws. This assistance would be in addition to any assistance you may receive in connection with temporary relocation and will not be reduced by the amount of any temporary relocation assistance previously provided.
5. In the unlikely event temporary dis placement exceeds 12 months, comparable replacement housing will be made available at the earliest possible time, but in any event, no later than 12 months from the date of the move to temporary housing. Temporarily ho used persons may agree to extend the 1 2-month limitation but, if they do not, the Develop er shall ensure that comparable replacement dwellings are available within the 12 month period.
6. If a project plan anticipates moves back into replacement ho using accommodations in the project, the person w ho has been temporarily displaced will be given pri ority opportunity to obtain such housing accommodations.
7. You will have no less than 30 days’ notice to temporarily vacate your unit.
Exhibit D
Since you will have the opportunity to occupy a newly rehabilitated apar tment, and you are not being required to permanentl y vacate, we urge you not to move and to remain a tenant in good standing. You must continue to comply with the terms and conditions of your current lease.
If you choose to move on your own, or are evicted for cause, you will not receive any relocation assistance or benefits.
This letter is important to you and should be retained. A relocation specialist will be assigned to you and will contact you closer to the date of your temporary move. If you have any questions about this or other relocation issues, again please contact <<NAME>> at <<PHONE NUMBER>>.
Sincerely,
_____________________________ Delivered on/by: _____________________ Received by
X____________________________ Posted on/by: _______________________ Recipient’s Signature
_____________________________ Mailed on/returned: __________________ Date
Exhibit E
EXHIBIT E
VACATE NOTICE (TEMPORARY)
(attached)
Exhibit E
NOTICE TO TEMPORARILY VACATE
<<DATE>>
<<HEAD OF HOUSEHOLD NAME>> and all other occupants
1660 W. Broadway, Unit <<#>>
Anaheim, CA 92802
Re: Notice to Temporarily Vacate
Dear <<NAME>>:
As you know, Belage Preservation Limited Partnership (the “Developer”) will be remodeling the unit you currently oc cupy at 1660 W. Broadway, Anaheim, CA 92802 (Project Site). In order for the remodel to be completed, it will be necessary for you to temporarily relocate from your unit.
It has now been determined by the Developer that it is necessary for you to vacate your current unit no later than midnight on <<DAT E>>. We have identified a temporary unit for you to occupy. It is unit <<#>>.
Your relocation agent will be contacting you shortly to coordinate and explain the details of your temporary move and the benefi ts for which you may be eligible. You will receive moving assistance and advisory services, which will be explained to you when you meet with the relocation agent.
In order not to delay the rehabilitation process, it is very important that we work together to help you temporarily move, because you must move out of your current unit by midnight on <<DATE>>.
Once the rehabilitation of your unit at the Project has been completed, you will be given at least seven (7) days’ notice of when you may return to your unit. If you have any questions regarding this or any other relocation issues, please contact your relocation agent, <<NAME>> at <<NUMBER>>.
Sincerely,