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HomeMy WebLinkAboutReso 1990-250 - Adoption of the tenant assistance policy as amended for the uniform relocation assistance act RESOLUTION NO. O^ .2 .4.O A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING ADOPTION OF THE TENANT ASSISTANCE POLICY AS AMENDED FOR THE UNIFORM RELOCATION ASSISTANCE ACT OF 1970 BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. WHEREAS, the City has received $1,305,250 in Rental Rehabilitation Program funds since 1984; and j1 WHEREAS, the State of California Department of Housing and Community Development has approved $288,593 for fiscal year 1989-90 in Rental Rehabilitation Grant funds for Redding; and WHEREAS, the Rental Rehabilitation Program requires that the City of Redding comply with all regulations of the Uniform Relocation Act of 1970, as amended; and WHEREAS, the City Council has studied the attached Tenant Assistance Policy required by HUD in connection herewith and has agreed to same; NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Redding that the Tenant Assistance Policy, attached hereto as Exhibit "B," is hereby approved and adopted as the Tenant Assistance Policy to be used by the Department of Planning and Community Development of the City of Redding. I HEREBY CERTIFY that the foregoing resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 5th day of June, 1990, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Arness, Dahl , Fulton, Moss & Buffum NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None "///2 V _/L, iJJA NA B , Mayo., ATTEST: IIS C_����1.� VC • .,Lei ETHEL A. NICHOLS, City Clerk I i FORM APPROVED: I1 RANDALL A. HAYS, City Attorney ))� II C4 • EXHIBIT "B" 'lJ I,41 TENANT ASSISTANCE PLAN (TAP) ` INTRODUCTION The Tenant Assistance Plan describes the policies and procedures the City of Redding Housing Authority (RHA) and the City of Redding Rental Rehabilitation Program ( RRP) will use in the il, event displacement should occur as a result of a rehabilitation project . These policies have been developed in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) . GENERAL POLICIES The City of Redding Housing Division will administer the Rental Rehabilitation Program , and the the City of Redding Homsing '1ft Authority will administer the Section 8 Rental Assistance Fro— gram . The TAP outlines the responsibilities of each agency with regard to tenant displacement in a rental rehabilitation 1! i1! I:E, project . , Ilil' RESOURCES AVAILABLE TO ELIGIBLE TENANTS I �I Tenants who occupy the rental rehabilitation unit at the date: of 1, application ( or within 90 days prior to the date of appiica- tion) , and/or at the date of the execution of agreement shall '! be eligible to the assistance specified below . The resources li utilized for the assistance shall be : 1 . Owner Private Funds Ili 2 . Rental Rehabilitation Funds 3 . CDBG Program Income Funds With regard to relocation costs , the RHA and the PRP staff will make a recommendation to the Rehabilitation Loan Committee and • the Loan Committee will make the final determination as to wffieth- L' ' er the proposed project is feasible and will benefit the ten- I ants , the housing stock of Redding , and the community . Consider- 1 ations for project feasibility include the number of units in IIII the project and the percentage of tenants who will benefit from the project versus the amount of tenants who require relocation . SPECIFIC ASSISTANCE OFFERED TO TENANTS Tenants Not Displaced i A person does not qualify as a displaced person if : r. *the person has been evicted for violation of the lease *the person moved into the unit after the program li application date , but before occupying the unit , ilillll I; �I II I . 11 • • 61 rreceived written notice to vacate the unit for the rental rehabilitation project H *the person is an owner- occupant who moves as a result 4 of the project il 11 III *the person is ineligible under 49 CFR 24 . 2 (g ) ( 2) 1 ' I il ll ; *the RRP and the U. S . Department of Housing and Urban Development (HUD) determine that the person was not dis- !' I placed due to the project L'', I'1' Tenants who are not displaced by a rental rehabilitation project It ' will receive a notice from the RHA explaining conditions of I '; continued occupancy in the project unit . Tenants will be in- It formed of the new rent amount and the effective date of the ( ichange in rent . Tenants will receive information on how to ' obtain Section 8 rental assistance . I! II Tenants Who Will Be Temporarily Relocated I IIl li "Temporarily relocated" shall be approximately the length of the f''' rental rehabilitation project , as identified by the project Li, construction requirements . II: Tenants who must be temporarily relocated shall be offered pay- 1 ' ment (by the owner of their unit ) for reasonable , out- of-pocket I','' expenses , including increased rent and utility costs . Total I' liability for the cost of the temporary relocation shall be the i ' responsibility of the owner . The RHA will provide tenants with I ' referrals to "Comparable Replacement Dwellings" . II .1-4 DISPLACED TENANTS LI The term "displaced person" means any person ( famiiy , individual , :' ; business , non-profit organization , or farm) that moves from real :. 1 `I property , or moves _. � personal property from real property , perms - ; ? nently and involuntarily as a direct result of rehabilitation , " demolition , or acquisition for a rental rehabilitation project . . '. The RHA will offer displaced tenants the followina assistance : r:I1, *Section 8 rental assistance ?. I. ', *Advisory services including : : I'' 1 . Information notices - tenants will receive ' ; I information on how to search for a unit I' and a list of owners who participate in the Section 8 program rental assistance I, program I 2 . Counseling- tenants will be counseled on the 'II I11 process of finding replacement housing I III I,I 'III • • • • I'111 *Referrals to Comparable Replacement Dwellings- the RHA will provide tenants with referrals to replace I'I ment housing and whenever feasible , provide the choice of relocating within their neighborhoods and other neighborhoods consistent with RHA ' s responsibility to affirmatively further fair housing *Payment for moving expenses- ( fixed or actual ) which will be provided by the owner ' s private funds *Relocation assistance- tenants may choose I between Section 8 rental assistance and a cash II' benefit for 42 months . The cash benefit may , at the discretion of the RRP and PHA , be paid in monthly installments . If the tenant chooses to purchase a replacement dwelling , the cash bene- fit must be paid in a lump sum . APPEALS II If a person disagrees with the RRP ' s determination concerning the person ' s eligibility for , or the amount of , a relocation II, payment , the person may file a written appeal of that determina - tion with the Housing Administrator . The appeal procedures to be I followed are described in 49 CFR 24 . 10 . A low- or moderate- in- 0 come person that has been displaced from a dwelling may submit a 111' written request for review of the RRP decision . The RRP shall ' provide tenants with the title and address of the appropriate I funding agency (the HUD Field Office or the State grantee) to which their request may be submitted . Further information regard- 1 ing the appeal process shall be provided to tenants upon request . RHA PROCEDURES FOR SECTION 8 Application ?l: l Tenants residing in a rental rehabilitation project have local priority over all individuals on the waiting list . The RHA will 11:111111 provide tenants with an application for the rental assistance program at the time the first notice to tenants is provided . 1 The RHA will collect the information and verifications necessary and determine the eligibility of all tenants . The RHA will issue a certificate or voucher to eligible tenants 11 60 days prior to project completion (whenever possible ) . If the project is a large , multi - unit project , the RHA shall '` I have flexibility in the issuance of certificates and/or vouchers I �1 with respect to units meeting HQS requirements . 11 11111 :11 , tl 1111: 01 410 1 ,11II NON-DISCRIMINATION POLICY i! 1' The RHA and the RRP will not discriminate against displaced ten- ants from a rental rehabilitation project when providing informa- tion , counseling , referrals or other relocation services . The RHA and RRP shall participate in practices and methods of I administration that will not result in displacement of tenants on the basis of race , sex , marital status , familial status , ancestry , color , national origin , religion , age , or physical ' I' disability . ill The RHA will provide all rental rehabilitation tenants with a Fair Housing pamphlet entitled "Fair Housing U. S . A . " . Tenants Ir, will be given information concerning the filing of a discrimina- 'i' tion complaint and will be encouraged to notify the RHA should they encounter discrimination in obtaining replacement ' Hhousing . A tenant who notifies the RHA of discrimination will receive a Housing Discrimination Report form , HUD- 903 . 1 L NON-DISPLACEMENT OF VERY LOW- INCOME TENANTS Rental Rehabilitation funds may not be used to rehab a structure if the rehabilitation will cause the displacement of any very I, low- income family by a family that is not of very low- income . I MINIMIZING DISPLACEMENT The RRP shall minimize displacement as one of the program goals . To the extent feasible , occupants shall be provided a reasonable opportunity to lease and occupy a suitable , decent , II, safe , sanitary , and affordable dwelling unit on the real proper- __ I, ty following project completion . I 1`11 AGENCY RESPONSIBILITIES I The responsibilities of the RRP , the RHA , and the owner for pro- i:: ro- ` I vidin notification , counseling , assistance and other , i g relocation services are outlined in the Memorandum of Ur.•derstandinc_ ":l (MOU) between the RRP and the RHA . _ 1I i ' al i,l , tii !' Dill I ft I ' ii 1, 1' i' I� , Ili Il ,ISI II 1. 61.