1994-08 Anti-Displacement Policy• RESOLUTION NO. 94-8
A RESOLUTION OF THE CITY OF OKEECHOBEE ADOPTING AN ANTI -
DISPLACEMENT AND RELOCATION POLICY FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Okeechobee desires to establish an Anti -Displacement and
Relocation Policy to conform to the Uniform Relocation requirements in the Community
Development Block Grant program; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Okeechobee as follows:
1. That the City of Okeechobee hereby adopts an Anti -Displacement and
Relocation Policy, and
2. That this Anti -Displacement and Relocation Policy replaces the
Displacement Policy (Resolution No. 90-13) adopted October 2, 1990.
This Resolution introduced and adopted this 15th day of February , 1994.
James E. Kirk, Mayor
Bonnie S. hornas, CMC
City Clerk
El
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ANTI -DISPLACEMENT
AND RELOCATION
POLICY
CITY OF OKEECHOBEE
Reference: Tenant Assistance, Relocation and
Real Property Acquisition Plans.
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TABLE OF CONTENTS
I. Displacement Avoidance Policy
II. Definitions
a) Standard Condition
b) Substandard Condition
Suitable for Rehabilitation
Displacement Policy and Procedures
III. Permanent, Involuntary Displacement
A) Provisions for One -on -One Replacement
B) Provisions for Relocation Assistant
for Residential Displacement.
C) Provisions for Non -Residential
Relocation.
IV. Temporary, Voluntary Displacement
and Relocation.
V. Permanent, Voluntary Displacement
and Relocation.
VI. Tenant Assistance Policy
Federal Rental Rehabilitation Program.
VII. Displacement of Homeowners
VIII. Appeals/Counseling
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CITY OF OKEECHOBEE
TENANT ASSISTANCE, RELOCATION & REAL PROPERTY ACQUISITION
PLAN
1. Displacement Avoidance Policy:
The City of Okeechobee is committed to a policy to make
all reasonable efforts to ensure that activities undertaken
through the use of Community Development Block Grant (CDBG)
and/or other federal funding will not cause unnecessary
displacement or relocation. Such federally funded programs
will be administered in such a manner that careful
consideration is given during the planning phase with regard
to avoiding displacement. The City will also provide
information to and keep citizens involved in the process
regarding pending land use changes, zoning and rezoning
actions that threaten the preservation of residential areas.
Involuntary displacement shall be reserved as a last resort
action necessitated only when no other alternative is
available and when the activity is determined necessary in
order to carry out a specific goal or objective that is of
benefit to the public. In this case, community development
and housing programs will be planned in a manner which
avoids displacement of households or business.
However, "voluntary" displacement (temporary or
permanent) may be necessary in order to achieve a benefit to
a household or business (such as rehabilitation or
replacement of the building). Such benefits shall be
identified and requested by the displacee. Voluntary
displacement may also occur when a property owner voluntarily
offers his home or business property for sale to the City.
In these cases, the seller may be required to waive rights as
a condition of sale of the property, and the Uniform
Relocation Act provisions will govern actions of the City
and/or its representative. 24 CFR part 570 is a governing
document on displacement and is incorporated by reference.
49 CFR Part 24 provides Uniform Relocation Act information
and is incorporated by reference. As pertains to the City's
tenant Assistance, Relocation and Real Property Acquisition
Plan, the U.S. department of Housing and Urban Development
Handbook #1378, September 1990, shall be adopted in its
entirety.
II. Definitions of "Standard" and "Non -Standard Suitable for
Rehabilitation" Dwelling Unit Condition.
In the absence of federal and state provided
definitions, the following is provided to establish a frame
of reference and context when dealing with matters of
displacement and/or relocation as defined in 24 CFR Part 570
and 49 CFR Part 24.
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A. Standard Condition
A dwelling unit is considered standard if it has no
major defects or only slight defects which are correctable
through the course of regular maintenance. it must be in
total compliance with applicable City housing and occupancy
codes; be structurally sound, watertight and in good repair;
be adequate in size with respect to number of rooms and area
of living space and contain the following:
1. A safe electrical wiring system adequate for
lighting and other normal electrical devises.
2. A separate, well-lighted and ventilated bathroom
that provides user privacy and contains a sink,
commode, and bathtub or shower stall.
3. An appropriate, sanitary and approved source of hot
and cold potable water.
4. An appropriate, sanitary and approved sewage
drainage system.
5. A fully useable sink in the kitchen.
6. Adequate space and service connections for a
refrigerator.
7. An unobstructed egress to a safe, open area at
ground level, and
8. Be free of any barriers which would preclude
ingress or egress if the occupant is handicapped.
Failure to meet any of these criteria automatically
causes a dwelling to not be considered "standard".
B. Substandard Condition Suitable for Rehabilitation
A dwelling unit is considered substandard if it does not
fully comply with the standard criteria, or has minor defects
which require a certain amount of correction but can still
provide safe and adequate shelter or has major defects
requiring a great deal of correction and will be safe and
adequate once repairs are made.
To be suitable for rehabilitation, a trained housing
specialist must carefully inspect the dwelling and prepare a
work write-up of repairs necessary to bring it up to standard
condition. A cost estimate of repairs will be prepared based
on the needs identified in the work write-up.
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If these costs are equal to or less than 65% of the
value of a comparable replacement unit as obtained from more
than one licensed contractor, the dwelling will be considered
suitable for rehabilitation. If the predicted cost exceeds
65%, the unit will be deemed unsuitable.
This criteria is arbitrary, however, and the City
Commission/Board of Adjustments may authorize deviations
based on the unique aspects of each dwelling, owner, tenant,
etc. on a case by case basis. each deviation so approved
must be thoroughly documented.
Displacement Policy and Procedures
III. Permanent, Involuntary Displacement
The City will provide reasonable relocation assistance
to persons (families, individuals, businesses, nonprofit
organizations, displaced (moved permanently and involuntarily
as a result of the use of CDBG/federal assistance to acquire
or substantially rehabilitate property. Assistance to
displaced persons may include:
a) Payment for actual moving and relocation expenses
documented by receipts and/or vouchers from service
providers and utility companies. The documents
shall be submitted prior to the disbursement of
payment.
b) Advisory services necessary to help in relocating.
c) Financial assistance sufficient to enable the
displaced person to lease and occupy a suitable,
decent, safe and sanitary replacement dwelling where
the cost of rent and utilities does not exceed 30
percent of the household gross income of a family
earning 80 percent of the median income for the
jurisdiction.
A. Provisions for One -on -One Replacement
The City will replace all occupied and vacant occupiable
low/moderate-income dwelling units demolished or converted to
use other than a slow/moderate-income housing as a direct
result of activities assisted with funds provided under the
Housing and Community Development Act of 1974, as amended,
and as described in 24 CFR Part 570. Replacement
low/moderate-income units may include public housing or
existing housing receiving Section 8 project based -
assistance.
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All replacement housing will be provided within three
years of the commencement of the demolition or rehabilitation
relating to conversion and will meet the following
• requirements:
I. The units will be located within the City.
2. The units will meet all applicable City housing,
building, and zoning ordinances and will be in
standard, or better, condition.
3. The units will be designed to remain low/moderate-
income dwelling units for at least 10 years from
the date of initial occupancy (applies to initial
tenant only).
4. The Unit will be sufficient in size and number
(functionally equivalent) to house at least the
number of occupants who could have been housed in
the units that are demolished or converted.
Before obligating or expending CDBG/federal funds that
will directly result in such demolition or conversion, the
local government will make public and submit to the Florida
Department of Community Affairs and/or the U.S. Department of
Housing and Urban Development the following information in
writing:
1. A description of the proposed assisted activity.
2. The general location on an area map including
approximate number of dwelling units by size
(number of bedrooms) that will be demolished or
converted to a use other than low/moderate-income
dwelling units.
3. A time schedule for commencement and completion of
the demolition or conversion.
4. The general location on a service area map and
approximate number of dwelling units by size
(number of bedrooms) that will be provided as
replacement units.
5. Identification of the source of funding at the time
of submittal and the time frame, location and
source for the replacement dwelling unit.
6. The basis for concluding that each replacement
dwelling unit will be designed to remain a
low/moderate-income dwelling unit for at least 10
years from the date of initial occupancy.
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7. Information demonstrating that any proposed
replacement of a unit with a smaller unit is
consistent with the housing needs of LMI persons in
the jurisdiction.
B. Provisions for Relocation Assistance for residential
Displacement.
The City will provide relocation assistance, as
described in 24 CFR Part 570, to each low/moderate-income
household involuntarily displaced by the demolition of
housing or by the conversion of a low/moderate-income
dwelling to another use as a direct result of CDBG/federally
assisted activities. Persons that are relocated are entitled
to:
1. A choice between actual reasonable moving expenses
or a fixed expense and dislocation allowance.
2. Advisory services.
3. Reimbursement for reasonable and necessary security
deposits and credit checks.
4. Interim living costs, and
5. Replacement housing assistance which may include a
Section 8 housing voucher/certificate and referral
to assisted units; cash rental assistance to reduce
the rent an utility cost or lump sum payment equal
to the present value of rental assistance install-
ments to be used toward purchasing an interest in a
housing cooperative or mutual housing association
for a period up to 60 months (5 years).
C. Provisions for Non -Residential Relocation
Businesses, non-profit organizations, etc., shall not be
relocated unless the move is voluntary, essential to the
project from the public view, and the owner waives his/her
rights under the Uniform Act except for the following relo-
cation assistance:
1. Actual moving and reasonable re-establishment
expenses not less than $1,000 nor more than $20,000
equal to pro -rated share for the period of inter-
ruption of operations of the average annual net
earnings. Average annual net earnings before taxes
during the two taxable years immediately prior to
the taxable year it was displaced.
2. No other benefits will be provided and a signed
waiver acknowledging that fact will be required.
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IV. Temporary Voluntary Displacement and Relocation
A. Persons occupying housing which is to be rehabilitated
• using CDBG/federal funds must voluntarily agree to
inclusion in the program and shall vacate the housing at
the direction of the City (or its designed agency), in
order to facilitate the safe, timely and economical
rehabilitation process.
B. A moving allowance of $300 will be provided each family
unit so displaced. This allowance will be provided in
two payments of $150 each on move out and move back in.
C. The City may provide a safe, decent and sanitary housing
unit for use as temporary relocation housing. The unit
shall be available free of charge to temporarily
displaced households for the time period authorized by
the City's designated agency, generally for the period
of rehabilitation construction. Households who occupy
the unit shall have a $75 refundable deposit withheld
from their initial moving allowance payment. This
deposit shall be refunded in full immediately after the
relocation unit is vacated in a clean and undamaged
condition. The deposit refunded shall be denied in full
or in part for payment of damages to the owner/lessee
due to the occupants, (a) failure to properly clean or
maintain the unit, (b) physical damage to the unit, (c)
loss of keys to the units, or (d) need for any special
condition such as fumigation. A $25 per day penalty may
also be assessed for the household's failure to properly
vacate the relocation unit when directed to do so by the
City's designated agency.
D. A storage allowance of up to $150 will be provided each
family unit displaced if storage is necessary and
essential to the move.
E. Insurance cost of up to $100 for the replacement value
of the household property in connection with the move
will be provided each family unit displaced if storage
is necessary and essential to the move.
V. Permanent, Voluntary Displacement and Relocation.
If it is determined by the City that occupants of a
dwelling should be permanently relocated, and the occupants
voluntary consent, the government will assist in the relo-
cation to a decent, safe and sanitary dwelling unit. Bene-
fits, if provided, will be limited to increases in monthly
housing costs incurred by the occupant in an amount equal to
the lesser of 60 times the increase or 30 percent of the
person's annual income. 24 CFR Part 570 must be consulted to
determine specific limitations.
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VI. Tenant Assistance Policy/federal Rental Rehabilitation
Program.
A. It is not the local government's policy to displace
families in rental units. Participating landlords will
be required to warrant that the proposed rehabilitation
will not cause any tenant to be permanently displaced
unless the owner will be able to relocate the tenant
displaced in accordance with HUD relocation criteria.
Rental Rehabilitation funds will not be used to
rehabilitate the structures if the rehabilitation will
cause the permanent displacement of LMI families.
B. If it becomes necessary for an owner to temporarily move
a tenant from a unit as a direct result of
rehabilitation assisted through rental rehabilitation
funds, the owners will assure that the tenant is offered
a decent, safe and sanitary dwelling unit at an
affordable rate as described in the applicable
regulations. No tenant will be considered displaced if
the owner has offered the tenant a decent, safe,
sanitary and affordable unit and the tenant has declined
the offer.
C. Should temporary displacement become necessary for a LMI
family as a result of the rental rehabilitation
assistance, the owner will assure that tenants are
provided the necessary financial assistance,
information, counseling, referrals and housing location
options regarding Federal Fair Housing Ordinance and
other relocation services as needed without regard to
race, color, religion, sex, familial status, age,
handicap or national origin, so as to enable the family
to obtain decent, safe, and sanitary housing at an
affordable rent.
D. The Housing Authority at the City of Okeechobee shall
provide federal preference to any qualified LMI family
subject to relocation. Where Section 8 Housing vouchers
are available, such preference will apply.
E. Where required compensation to obtain replacement
housing shall not exceed $3,000 threshold. Should such
projected compensation to the tenant exceed this
threshold, consideration shall be given to not
performing the demolition rehabilitation which would
cause the displacement.
VII. Displacement of Homeowners
When rehabilitation of the dwelling is not feasible of
cost effective, demolition of house with CDBG/federal funds
may be considered, only as a voluntary action by the home-
owner.
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Although homeowners have a right to assistance as pre-
viously discussed, CDBG/federal funds available for relo-
cation assistance are limited. Therefore, financial
• assistance shall not exceed that described in accordance with
49 CFR 24.401, and the regulations under U.S. HUD Handbook
1378.
VIII. Appeals/Counseling
A. If a claim for assistance is denied by the City, the
claimant may appeal where applicable to either the State
of Florida or U.S. Department of Housing and Urban
development, and their decision shall be final unless a
court determines the decision was arbitrary and
capricious.
B. Counseling will be provided to displacees in the areas
of household finance, fair housing rights, real estate
transactions, and locating and evaluating replacement
housing options. Counseling shall be provided by the
City or its designated agency.
To permanently displaced households to ensure that:
1. No person is discriminated against based upon age, race,
color, religion, sex, handicap, familial status,
national origin, or presence of children in the house-
hold.
2. Displacees receive information concerning the full range
of housing opportunities within the local housing
market.
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