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HomeMy WebLinkAbout80B - LOAN AGMTS 703 N LACY 702 S RAITTREQUEST FOR COUNCIL/ AGENCY/HOUSING AUTHORITY ACTION MEETING DATE: JANUARY 5, 2009 TITLE: JOINT PUBLIC HEARING - TAX EXEMPT BOND FINANCING AND LOAN AGREEMENTS WITH LACY AND RAITT, LP (703 N. LACY/702 S. RAITT) .. r CITY ANAGE EXECUTIVE DIRECTOR RECOMMENDED ACTION CITY COUNCIL ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1st Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Conduct a Tax Equity and Financial Responsibility Act (TEFRA) Hearing in consideration of the issuance of multi-family housing revenue bonds by the Housing Authority of the City of Santa Ana for the purpose of financing the acquisition and rehabilitation of 703 N. Lacy and 702 S. Raitt. 2. Adopt a resolution approving the issuance of tax exempt bonds for the projects. 3. Direct the City Attorney to prepare and authorize the City Manager to execute a loan agreement with Lacy and Raitt, LP for the acquisition and rehabilitation of 703 N. Lacy in a total amount not to exceed $1,330,643. 4. Direct the City Attorney to prepare and authorize the City Manager to execute a loan agreement with Lacy and Raitt, LP for the acquisition and rehabilitation of 702 S. Raitt in a total amount not to exceed $689,397. 5. Adopt a resolution approving the Relocation Plan for the property located at 703 N. Lacy. 80B-1 Tax Exempt Bond Financing and Loan Agreements with Lacy and Raitt, LP (703 N. Lacy/702 S. Raitt) January 5, 2009 Page 2 6. Adopt a resolution approving the Relocation Plan for the property located at 702 S. Raitt. CONIlKiJNITY REDEVELOPMENT AGENCY ACTION 1. Direct the Agency General Counsel to prepare and authorize the Executive Director to execute a loan agreement with Lacy and Raitt, LP for the acquisition and rehabilitation of 703 N. Lacy in a total amount not to exceed $1,556,217. 2. Direct the Agency General Counsel to prepare and authorize the Executive Director to execute a loan agreement with Lacy and Raitt, LP for the acquisition and rehabilitation of 702 S. Raitt in a total amount not to exceed $806,265. 3. Adopt a resolution approving the Relocation Plan for the property located at 703 N. Lacy. 4. Adopt a resolution approving the Relocation Plan for the property located at 702 S. Raitt. 5. Adopt a resolution approving the Replacement Housing Plan for the property located at 702 S. Raitt. HOUSING AUTHORITY ACTION Adopt a resolution relating to the issuance of bonds for the purpose of financing the acquisition and rehabilitation of the properties located at 703 N. Lacy and 702 S. Raitt. CONIlKUNITY REDEVELOPMENT AND HOUSING CONIl~IISSION RECOI~~NDATION At its Regular Meeting of December 16, 2008, by a vote of 5:0, the Community Redevelopment and Housing Commission recommended the following: Recommended that the City Council: 1. Conduct a Tax Equity and Financial Responsibility Act (TEFRA) Hearing in consideration of the issuance of multi-family housing revenue bonds by the Housing Authority of the City of Santa Ana for the 80B-2 Tax Exempt Bond Financing and Loan Agreements with Lacy and Raitt, LP (703 N. Lacy/702 S. Raitt) January 5, 2009 Page 3 purpose of financing the acquisition and rehabilitation of 703 N. Lacy and 702 S. Raitt. 2. Adopt a resolution approving the issuance of tax exempt bonds for the projects. 3. Direct the City Attorney to prepare and authorize the City Manager to execute a loan agreement with Lacy and Raitt, LP for the acquisition and rehabilitation of 703 N. Lacy in a total amount not to exceed $1,330,643. 4. Direct the City Attorney to prepare and authorize the City Manager to execute a loan agreement with Lacy and Raitt, LP for the acquisition and rehabilitation of 702 S. Raitt in a total amount not to exceed $689,397. 5. Adopt a resolution approving the Relocation Plan for the property located at 703 N. Lacy. 6. Adopt a resolution approving the Relocation Plan for the property located at 702 S. Raitt. Recommended that the Community Redevelopment Agency: 1. Direct the Agency General Counsel to prepare and authorize the Executive Director to execute a loan agreement with Lacy and Raitt, LP for the acquisition and rehabilitation of 703 N. Lacy in a total amount not to exceed $1,556,217. 2. Direct the Agency General Counsel to prepare and authorize the Executive Director to execute a loan agreement with Lacy and Raitt, LP for the acquisition and rehabilitation of 702 S. Raitt in a total amount not to exceed $806,265. 3. Adopt a resolution approving the Relocation Plan for the property located at 703 N. Lacy. 4. Adopt a resolution approving the Relocation Plan for the property located at 702 S. Raitt. 5. Adopt a resolution approving the Replacement Housing Plan for the property located at 702 S. Raitt. 80B-3 Tax Exempt Bond Financing and Loan Agreements with Lacy and Raitt, LP (703 N. Lacy/702 S. Raitt) January 5, 2009 Page 4 Recommended that the Housing Authority adopt a resolution relating to the issuance of bonds for the purpose of financing the acquisition and rehabilitation of the properties located at 703 N. Lacy and 702 S. Raitt. DISCUSSION Orange Housing Development Corporation (OHDC), a 501(c)(3) nonprofit organization, and C & C Development Company, LLC (C & C) have formed a limited partnership, Lacy and Raitt, LP, to acquire and rehabilitate two apartment complexes. The first is a twenty-seven unit apartment building located at 703 N. Lacy (Exhibit 1). The second is a ten unit apartment building located at 702 S. Raitt (Exhibit 2). OHDC has successfully partnered with the City of Santa Ana and the Community Redevelopment Agency to acquire and rehabilitate 618 units in the City. In addition, OHDC owns and manages more than 2,600 apartment units throughout California. C & C has many years of residential development and management experience, and most recently partnered with OHDC in the Townsend and Raitt project. The proposed projects will build on the City's existing focus in the Townsend/Raitt neighborhood and Santa Ana Boulevard area. The Lacy Street project is adjacent to properties currently owned by the Community Redevelopment Agency (Agency) in the Santa Ana Boulevard area. The acquisition and rehabilitation will assist in the long-term stabilization of the neighborhood, promote the City's goal of providing long-term, affordable housing, and assist in the revitalization of the corridor. The exterior rehabilitation will incorporate design details that are consistent with the draft Santa Ana Renaissance Specific Plan, to the extent possible. Although the building will be rehabilitated, there will be no reconfiguration of units. The unit mix and rent restrictions are as follows: 30o AMI Extremely Low 50o AMI Very Low 703 N. Lacy No.Units Rent No.Units Rent Studio 3 $788 One-bedroom 15 $839 Two-bedroom 1 $589 7 $1,008 80B-4 Tax Exempt Bond Financing and Loan Agreements with Lacy and Raitt, LP (703 N. Lacy/702 S. Raitt) January 5, 2009 Page 5 The Raitt Street property will be the sixth building in the Townsend/Raitt neighborhood that has been acquired and rehabilitated by OHDC. As part of the rehabilitation, the partnership is proposing to reconfigure the ten one-bedroom units into eight units. The unit mix and rent restrictions are as follows: 30o AMI Extremely Low 50% AMI Very Low 702 Raitt St. No.Units Rent No.Units Rent One-bedroom 1 $491 3 $838 Two-bedroom 2 $1,006 Three-bedroom 2 $1,144 The total project cost to acquire, rehabilitate and provide the proposed level of affordability in the two buildings is $7,925,358. The partners will be applying to the California Debt Limit Allocation Committee (CDLAC) for an allocation of $3,961,067 in tax exempt financing to help provide both construction and permanent financing. They are also applying to the California Tax Credit Allocation Committee (TCAC) for an allocation of $1,836,526 in low income housing tax credits that will be used for permanent and construction financing. There is a $4.4 million gap, and staff is recommending it be filled with approximately $2 million funded from HOME and $2.4 million from the Agency. The tables below summarize the proposed funding sources and anticipated costs for the projects: Permanent E~anding Sources 703 N. Lacy 702 S. Raitt Total Amount Tax Exempt Bonds $1,123,917 $582,293 $1,706,210 Community Redevelopment Agency/Housing Set-Aside $1,556,217 $806,265 $2,362,482 City of Santa Ana/HOME Funds $1,330,643 $689,397 $2,020,040 Capital Contribution - General Partner $66 $34 $100 Capital Contribution - Limited Partner (Tax Credits) $1,209,759 $626,767 $1,836,526 Total $5,220,601 $2,704,757 $7,925,358 80B-5 Tax Exempt Bond Financing and Loan Agreements with Lacy and Raitt, LP (703 N. Lacy/702 S. Raitt) January 5, 2009 Page 6 Project Costs 703 N. Lacy 702 S. Raitt Total Amount Acquisition $3,530,250 $1,250,000 $4,780,250 Developer Fee $329,000 $329,000 $658,000 Construction and Related Costs $1,361,351 $1,125,757 $2,487,108 Total $5,220,601 $2,704,757 $7,925,358 The loans will bear interest at .5o and repayments will be based on residual receipts (annual gross revenues less operating expenses). These loans are contingent on approval of the tax exempt bonds and tax credit allocations. All code deficiencies will be addressed, and both properties will receive extensive improvements both inside and out. Among many other items, the Lacy property will receive new landscaping, exterior deck repair, updates to the building fagade, new plumbing fixtures and kitchen appliances. In addition to the unit reconfigurations, the many repairs to be made to the Raitt property include a new roof, new water heaters, new trash enclosures, new flooring, new windows, and new kitchen cabinets. In order for the Housing Authority to apply for a bond allocation from CDLAC on behalf of the partnership, the Housing Authority must adopt an Inducement Resolution. The Inducement Resolution confirms the Housing Authority's intent to issue the bonds and identifies the time at which costs expended on the project qualify for financing with the tax-exempt bonds. The bonds are considered "conduit" obligations. This means that although the Housing Authority will issue the bonds, the owner is actually the borrower and has sole responsibility for repayment. The bonds will be repaid strictly out of the project's cash flow. There is no recourse to the Housing Authority, the City of Santa Ana or the Community Redevelopment Agency. Prior to bonds being sold, the City Council must hold a public hearing as required by the Tax Equity and Financial Responsibility Act (TEFRA). The public hearing is to solicit comments on the project and the issuance of the bonds. The TEFRA hearing is also a precondition to applying for the bond allocation. ~:~i Tax Exempt Bond Financing and Loan Agreements with Lacy and Raitt, LP (703 N. Lacy/702 S. Raitt) January 5, 2009 Page 7 The California Health and Safety Code (Code) requires that when a Redevelopment Agency enters into an agreement for the acquisition or disposition and development of property that would lead to displacement of people from their homes, the legislative body must adopt, by resolution, a Relocation Plan (Exhibits 3 and 4). Due to the reconfiguration of units at Raitt Street, two families will need to be permanently relocated. These households will be offered units at other OHDC projects such as Townsend & Raitt and Wilshire/Minnie. At Lacy Street, there are four families that are over income for that project and will need permanent relocation. Of the four, two have incomes between 50o-60o AMI and will be offered the option to relocate into other OHDC projects. The remaining two households are at or above 600 AMI; and therefore, they will be given relocation benefits and assistance in locating to a new unit. Additionally, the Code requires the Agency to adopt, by resolution, a Replacement Housing Plan whenever it destroys or removes dwelling units from the low- and moderate-income housing stock. Among other things, this Replacement Housing Plan shall specify how and where the Agency shall provide replacement housing units. The attached Replacement Housing Plan (Exhibit 5) has been prepared, due to the loss of units at 702 S. Raitt. Approval of these projects will assist the City and Agency in meeting their affordable housing goals as identified in the Housing Element, Consolidated Five Year Plan, and the Redevelopment Implementation Plan. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act and the National Environmental Policy Act, the proposed project is exempt from further review. Categorical Exemption No. ER 2008-236 (Lacy) and 2008- 221(Raitt) will be filed for this project. 80B-7 Tax Exempt Bond Financing and Loan Agreements with Lacy and Raitt, LP (703 N. Lacy/702 S. Raitt) January 5, 2009 Page 8 FISCAL IMPACT Funds are available in the HOME Program account in the amount of $2,020,040 (account no. 130-148-6951) and Tax Increment Housing Set- Aside Fund in the amount of $2,362,482 (account no. 507-936-6951). APPROVED AS TO FUNDS AND ACCOUNTS: Sh ly Landry-Bayle ~Hou ing Manager Community Development Agency CJN/SLB/mlr \~c C~~ d ~ l`,~ ,'mil d~ Francisco Gutierrez "'~ /,~, Executive Director Finance and Management Services Agency H:\ACTION ITEMS\COUNCIL\2009\010509 JT PH CC-CRA-HA Lacy-Raitt (1).doc ~~~1 ~ ~~ 703 North Lacy Street Exhibit 1 ~` ~;~j ~ J RAYMAR STREET ~ w w ~ W ~ W (~ N W H N D z W RICHLAND ST. N z } N ~ a O ~ H MONTA VISTA AVENUE w ~ • ' HIGHLAND ST. F- N D Z cWi~ WISTERIA PL. z 3 ~ o a x 702 South Raitt Street Exhibit 2 80B-10 Lacy Apartments Project DRAFT RELOCATION PLAN P1tEPAUED FoR C&C Development & Orange Housing Development Corporation 1110 E. Chapman Avenue, Suite 200 Orange, CA 92866 (714) 288-7600 BY OVERLAND, PACIFIC & CUTLER, INC. 10 HUGHES, A207 IRVINE, CA 92618 (949) 951-5263 November 26, 2008 EXHIBIT 3 80B-11 TABLE OF CONTENTS INTRODUCTION PROJECT DESCRIPTION A. REGIONAL LOCATION B. PROJECT SITE LOCATION AND DESCRIPTION C. GENERAL DEMOGRAPHIC & HOUSING CHARACTERISTICS II. ASSESSMENT OF RELOCATION NEEDS 5 A. SURVEY METHOD 5 B. FIELD SURVEY DATA 5 1. Current Occupants 5 2. Replacement Housing Needs 5 3. Income 5 4. Ethnicity/Language 6 5. Senior/I-Iandicapped Households 6 6. Preferred Relocation Areas 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 2. Temporary Housing 8 IV. THE RELOCATION PROGRAM 8 PERMANENT DISPLACEMENTS 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 TEMPORARY DISPLACEMENTS 13 C. PROGRAM ASSURANCES AND STANDARDS 13 D. GENERAL INFORMATION REGARDING THE PAYMENT OF RELOCATION BENEFITS 14 E. LAST RESORT HOUSING 14 F. IMMIGRATION STATUS 15 G. RELOCATION TAX CONSEQUENCES 15 V. ADMINISTRATIVE PROVISIONS 16 A. NOTICES 16 B. PRIVACY RECORDS 17 C. GRIEVANCE PROCEDURES 17 D. EVICTION POLICY 17 E. CITIZEN PARTICIPATION 17 F PROJECTED DATE OF DISPLACEMENT 18 G. ESTIMATED RELOCATION COSTS 18 80B-12 LIST OF TABLES TABLE 1: 2000 Census Population -City of Santa Ana & Impacted Tract 4 TABLE 2: 2000 Census Housing units -City of Santa Ana & Impacted Tract 4 TABLE 3: Availability and Cost of Replacement Rental Housing 7 TABLE 4: Schedule of Fixed Moving Payments 11 TABLE 5: Computation of Rental Assistance Payments 12 LIST OF EXHIBITS EXHIBIT A: Residential Interview Form EXHIBIT B: General Information Notice EXHIBIT C: HUD Income Levels -Orange County EXHIBIT D: Residential Informational Brochure EXHIBIT E: Public Comments and Responses 80B-13 INTRODUCTION C&C Development Co. and Orange Housing Development Corporation ("the Developer") are in the processing of acquiring one property for their proposed affordable housing project, the Lacy Apartments Project in Santa Ana, CA ("the Project"). The Project site consists of .3 acres and is located at 703 N. Lacy Street. The site contains one structure housing 27 apartment units: three studio units, 15 one-bedroom units and nine two-bedroom units. Currently, 23 units are occupied, and four units are vacant. The Developer plans to rehabilitate the units, including a thorough rehab of the interior and exterior. For the interior, paint, toilets, shower enclosures, sinks, garbage disposals, and vinyl flooring will be installed or replaced. Work on the exterior will include repairs to the stucco, new exterior paint and new windows. There will be no structural changes during the rehabilitation, therefore 27 units will remain after the rehab with the same configuration as stated above. Units will be offered to tenants who qualify at 50% of area median income. Those tenant households, whose income level is greater than 50% of area median income, will need to be permanently relocated. New tenants will be held to a 2+2 occupancy standard (two people per bedroom and two people in an additional room such as a living room or den) for one-bedroom units and a 2+1 occupancy standard (two people per bedroom and one person in an additional room such as a living room or den) for two and three bedroom units. Any current overcrowded households will be "grandfathered" and will qualify to remain within the Project in one of the rehabilitated units. The Developer anticipates funding for the Project will be the following types of funding: HOME funds and tax increment monies. This Plan conforms to the requirements of the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, the implementing regulations of Handbook 1378 of the Department of Housing and Urban Development (HUD), the California Relocation Assistance Law, Government Code Section 7260, et seq. (Law), the Relocation Assistance and Real Property Acquisition Guidelines adopted by the Department of Housing and Community Development and Title 25, California Code of Regulations Section 6000, et seq. (Guidelines). The needs and characteristics of the permanent displacees and the Developer's program to provide assistance to each affected person are general subjects of this Relocation Plan (Plan). (There is also a brief description of the relocation program for the temporarily displaced tenants.) 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 replacement housing units within the City of Santa Ana and surrounding communities (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). 80B-14 I. PROJECT DESCRIPTION A. REGIONAL LOCATION The Project is located in the City of Santa Ana within Orange County. Santa Ana is located in the middle section of Orange County, approximately 35 miles southeast of downtown Los Angeles and is immediately accessible from Highways 22 and 55 and Interstate 5. Adjacent communities include Garden Grove, Orange, Tustin, Irvine and Fountain Valley. (See Figure 1: Regional Project Location) ~ _ ..... ` ~ ,, v 91 I I ~': i ~ ~ - r- _.~4._ ~__ ~~ ,-.- ,~ C G~ L e I e ve -91 _ - .... ~ Srerra Peak -t- _ - ~ s coin Ate' _ ---•~~ °'- ! i R Ball d 57 ? i , 3a'~ D' e ~ r _ _ ~ _ ' ~ ~ - ~ d~l~ G ~ V Z2 ~-~ ~~- ~ Sheriff's Dept .i -1 i _ ~, Vrlkige a 1 h 703 N St Sent Ana CA 92701 ~ r y Park ''~_-,. hrroe PBrat ~ t: er e ~ ~ e t;~ -- _ l.im~p~s e Aver ! , ~ f ~~~~.. ~_ `~~ ? t 4-~--~-- - ~ a ~ o o F ~-.- i Tn ~ _ '~ _~ T ., ~' = Park eolsa puce ~ ~ ~ ~ h ; j E~wgicaf ` , If ~ve _ ~~_ " 1 ,' ~. \~' _ ~.zai'r j Reserve _ ar field" ve ,~ ~ b y~~l,({~..._ ~ ~ 'm ,p _ ~ t ~ ' E 1fT . J ~ A a ~ - ~ ~ \ Q - - ~. ~ _ X55. ,~p,~ ~~ --i „`~ ~,G ~~'"~I 1 ~ ~ ~r ~ ~! S s Forl{e ~ ~A~s~tt~jtV~o ~ ~,__ ___~¢ ~ ~~ ~H~I ~, , ~~1r u ~ -{ ~, w~wPiorr' .~,- ~ 1 ~ ~ ~ag~a Las k i ~~x / Park Pte. ~~, 73. \ ~ ~°°.:~",: '= -~' Cr~rshl Care I _ State Park ~y~ + ~ ~ i{ _ i_; I Sr-!f of Santa CatatiMa ~~~,, _~ ii, Co ri ht©2005 Microsoft Cor . andlor its su tiers. All ri hts reserved. a>ch ~ °~~ ; 'til Figure 1: Regional Project Location 2 80B-15 B. PROJECT SITE LOCATION AND DESCRIPTION The Project site is on N. Lacy Street generally bordered by E. 6th Street to the south, N. Minter Street to the west, E. Civic Center Drive to the north and Garfield Street to the east. (See Figure 2: Project Site Location) -Santa }~I'Id $~~ ~~~ ~~ 9 ,~, ~ `~. ~ ~, ~~ E nth __~t _ __ Co ri ht O 2005 Microsoft Cor . andlor its su liars. All ri hts reserved. Figure 2: Project Site Location 3 80B-16 C. GENERAL DEMOGRAPHIC AND HOUSING CHARACTERISTICS According to the 2000 U.S. Census, the population of the City of Santa Ana is 337,977 and the population of the impacted Census Tract 744.OSBlock 1004 is 220 (see Table 1). Corresponding Census data concerning the housing mix is shown in Table 2. TABLE 1: 2000 Census Po ulation - Ci of Santa Ana & Im acted Tract Population Tract 744.05 1004 % City Total Po ulation 220 100.0% 337,977 100.0% White 136 61.8% 144,425 42.7% Black or African American 0 0.0% 5,749 1.7% American Indian or Alaska Native 0 0.0% 4,013 1.2% Asian 0 0.0% 29,778 8.8% Native Hawaiian or Other Pacific Islander 0 0.0% 1,160 0.3% Some Other Race 72 32.7% 137,360 40.6% Two or More Races 12 5.5% 15,492 4.6% His anic or Latino (of Any Race) 212 96.4% 257,097 76.1% Source: U.S. Census Bureau, QT-PL. Race, Hispanic or Latino, and Age: 2000 TABLE 2: 2000 Census Housin Units - Ci of Santa Ana & Im acted Tract Type Tract 744.05 1004 % City Total Occu ied Units 44 100% 73,002 97.9% Owner-Occu ied 3 6.8% 36,005 49.3% Renter-Occu ied 41 93.2% 36,997 50.7% Vacant Housin Units 0 0.0% 1,586 2.1% Available for Sale Only (of Total Vacant Units) 0 0.0% 292 18.4% Available for Rent -Full Time Occupancy (of Total Vacant Units) 0 0.0% 700 44.1 Sold or Rented -Not Occu ied 0 0.0% 109 6.9% Otherwise Not Available (e.g. seasonal, recreational, mi ratory, occasional use) 0 0.0% 102 6.4% Other Vacant 0 0.0% 383 24.1% Source: U.S. Census Bureau, QT-H1. General Housing Characteristics: 2000 4 80B-17 II. ASSESSMENT OF RELOCATION NEEDS A. SURVEY METHOD To obtain information necessary for the preparation of this Plan, a personal interview was conducted with the residential occupants by Developer staff in November 2008. Inquiries made of the tenant concerned household size and composition, income, monthly rent, length of occupancy, ethnicity, home language, physical disabilities, and replacement housing preferences. A sample of the residential interview form used in the interview process is presented as Exhibit A of this report. After repeated Developer attempts (in writing and in person) to interview the tenants and collect income documentation, tenants in three of the 23 occupied units did not participate in the interview process or comply with the income qualification process. These three tenant households will be permanently displaced with no relocation assistance and are not a part of this Relocation Plan. B. FIELD SURVEY DATA 1. Current Occupants There are four residential households to be permanently relocated for the Project that may be eligible for relocation assistance and are the subjects of this Plan. At the time of the interviews, the households consisted of nine adults and eight children (17 years or younger). The Developer's standard for housing density for the permanent displacees allows two persons per bedroom and one person in the common living area (2+1 occupancy standard). Based on this criterion and available tenant data, there are two overcrowded households. Replacement housing referrals to the occupants of these dwellings will reflect the need for larger accommodations. 2. 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 survey data for household size with the Developer's replacement housing occupancy standards. These standards, generally, allow for up to three persons in aone-bedroom unit, five persons in atwo-bedroom unit, seven persons in athree-bedroom unit and eight or more persons in afour-bedroom unit. The replacement units required for the Project occupants include: one studio apartment, one one- bedroom apartment unit and two three-bedroom apartment units. 3. Income Information regarding gross household income was provided by all four eligible households to be displaced. According to income standards for the County of Orange (Exhibit C) adjusted for family size as published by the United States Department of Housing and Urban Development (HUD): all four households qualify as Low income (51 %-80% of area median income). 80B-18 4. Ethnicity/Language All four households (100%) reported Hispanic as their ethnicity and Spanish as their preferred language. Advisory services and notices will be provided in Spanish and English. 5. Senior/Handicapped Households There are no senior households (62 years or older) to be displaced, and no households reported a disability or handicap. 6. Preferred Relocation Areas All four households prefer to remain in the Santa Ana community in order to maintain current access to employment, family and schools. 80B-19 III. RELOCATION RESOURCES A. METHODOLOGY For residential housing, a resource survey was conducted to identify available rental units initially beginning within afive-mile radius from the Project site. The following sources were utilized: -- Classified rental listings from local newspapers and For Rent publications -- Contacts with real estate/property management companies serving the community -- Internet sources of rental opportunities B. REPLACEMENT HOUSING AVAILABILITY 1. Residential Rental Housing The rental replacement housing survey considered units for rent in Santa Ana. This data is summarized in Table 3 below. Table 3: Availabili and Cost of Re lacement Rental Housin # of Bedrooms Studio One Three # Found (# Needed) 11 (1) 42 (1) 14 (2) Rent Ran e $650 - $1,395 $825 - $1,000 $1,335 - $1,800 Median Rent $850 $950 $1,600 The median rent amount shown in the table 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. 2. Summary Considering the above described availability of replacement housing resources gathered over a two-week period, it appears that there are more than adequate replacement resources for the residential occupants. But, while adequate replacement resources exist, based on survey results of rental opportunities and the tenants' current rent, the tenant occupants will likely have a slight 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 current public projects causing significant residential displacements underway in Santa Ana which would compete with the Project for needed housing resources. No residential displacee will be required to move without both adequate notice and access to available affordable decent, safe and sanitary housing. 7 80B-20 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 formulate eligibility and benefit determinations and conform to all applicable requirements. The relocation program to be implemented by the Developer will conform with the standards and provisions of the State of California Relocation Assistance Law, Government Code, Section 7260, et. seq., the California Code of Regulations, Title 25, Chapter 6, as amended January 1, 1998, the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, and the implementing regulations of Handbook 1378 of the Department of Housing and Urban Development (HUD), as appropriate. PERMANENT DISPLACEMENTS The Developer has retained Overland, Pacific & Cutler, Inc. (OPC), amulti-lingual consulting firm, to administer the Relocation Program for the permanent displacees. OPC has worked on more than 2,900 public acquisition and relocation projects over the past 28 years. Experienced Developer staff will monitor the performance of OPC and be responsible to approve or disapprove OPC recommendations concerning eligibility and benefit determinations and interpretations of Developer's policy. Eligible individuals, who need to permanently move from their 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, OPC staff will perform the following functions: Distribute appropriate written information concerning the Developer's relocation program; 8 80B-21 2. Inform eligible project occupants of the nature of, and procedures for, obtaining available relocation assistance and benefits. (See Exhibit D) 3. Determine the needs of each displacee eligible for assistance; 4. Provide residential displacee with at least one, and preferably 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 in good repair - no major, observable hazards or defects. The unit adequate in size and is comparable to the acquired dwelling 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. Replacement housing shall be inspected by Developer's staff to assure it meets decent, safe and sanitary standards as described in the URA; 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. Make benefit determinations and payments in accordance with applicable law and the Developer's adopted relocation guidelines; 9 80B-22 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 handicap, 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 federal 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. Specifically, tax increment monies will be used to pay relocation benefits. HOME funds will not be used to pay relocation benefits. 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 will be processed expeditiously to help avoid the loss of desirable, appropriate replacement housing. 1. Residential Moving Expense Payments All 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. a. Actual Cost (Professional Move) 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 upon presentation of an invoice. Transportation costs are limited to a distance 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. 10 80B-23 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 displacement dwelling. 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 4 following: TABLE 4: Schedule of Fixed Moving Payments (effective as of 8-22-08) Unfurnished Dwelling One room $625 Two rooms $800 Three rooms $1,000 Four rooms $1,175 Five rooms $1,425 Six rooms $1,650 Seven rooms $1,900 Eight rooms $2,150 each additional room $225 Furnished Dwelling First Room $400 Each additional room $65 2. Rental Assistance to Tenants Who Choose to Rent To be eligible to receive the rental assistance benefits, the displaced tenant households must rent or purchase and occupy decent, safe, and sanitary replacement dwellings within one year from the date they move from their displacement dwellings. Based upon the available data regarding Project displacees, the displaced households may qualify for, and may be eligible to apply for, relocation benefits under URA provisions. Except in the case of Last Resort Housing situations, the potential payment to the household will be payable over a 42-month period and limited to a maximum of $5,250 as stated under URA guidelines. The relocation program is explained in detail in the informational brochure to be provided to each permanently displaced household (see Exhibit D). Rental Assistance payment amounts are equal to 42 times the difference between the base monthly rent and the lesser of: 11 80B-24 (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: (ii)The average monthly cost for rent and utilities at the displacement dwelling for a reasonable period prior to displacement, as determined by the Developer. For owner-occupants or households, which paid little or no rent, fair market rent will be used as a substitute for actual rent; or (iii)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. (HUD's Survey is shown as Exhibit C.) 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 for shelter and utilities if receiving a welfare assistance payment from a program that designated the amounts for shelter and utilities. Table 5 portrays the benefits determination under the URA: TABLE 5: Example Computation of URA Rental Assistance Payments 1.Old Rent $650 Old Rent and Utilities or 2. Ability to Pay $700 30% of the Gross Household Income (if Low Income) 3. Lesser of lines i or 2 $650 Base Monthly Rental Subtracted From: 4. Actual New Rent $750 Actual New Rent and Estimated Utilities or 5. Compazable Rent $775 Determined by Developer (includes estimated utilities) 6. Lesser of lines 4 or 5 $750 7. Yields Monthly Need: $100 Subtract line 3 from line 6 8. Rental Assistance $4,200 Multiply line 7 by 42 months 12 80B-25 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). 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 and income. TEMPORARY DISPLACEMENTS All residential occupants to be temporarily relocated will be eligible to receive a fixed payment for moving and related expenses. Each studio and one-bedroom household will receive a fixed payment of $625 for the move into a temporary unit on-site as well as $625 for the move back into a rehabilitated unit. Each two-bedroom household will receive $800 for each move. The tenants will only be responsible for the utilities in the unit in which they are residing during any phase of the project. Utility or phone transfer fees are included in the fixed moving payment. There is no anticipated need for rental assistance payments, because the tenants will be housed on the Project site during the temporary move phase. They will pay the same rental rates for their temporary units as they are paying in their current units. All temporarily displaced households will also be eligible fore advisory services provided by the Developer. C. PROGRAM ASSURANCES AND STANDARDS Adequate funds are available to relocate all displaced households. Relocation assistance services will be provided to ensure that displacement 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 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. 13 80B-26 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. The procedure for the preparation and filing of claims and the processing and delivery of payments will be as follows: Claimant(s) will provide all necessary documentation to substantiate eligibility for assistance; 2. Developer staff will review all necessary documentation including, but not limited to, scopes-of-service, contractor bids, invoices, lease documents and escrow material before reaching a determination as to which expenses are eligible for compensation; Required claim forms will be prepared by OPC 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 will issue benefit checks to claimants in the most secure, expeditious manner possible; 6. Final payments to residential displacee will be issued after confirmation that the Project premises have been completely vacated, and actual residency at the replacement unit is verified; Receipts of payment and all claim material will be maintained in the relocation case file. E. LAST RESORT HOUSING Based on data derived from the surveys and analyses of the occupants in the Project area and costs of replacement housing resources, it is anticipated that "comparable replacement housing" will not be available as required. Specifically, for renters, when the computed replacement housing assistance eligibility exceeds $5,250 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 will have to be provided. Therefore, if the Project is to go forward, the Agency will authorize its funds or funds authorized for the Project to provide housing of last resort. Funds will be used to make payments in excess of the monetary limit specified in the statute ($5,250); hence, satisfying the requirement that "comparable replacement housing" is available. 14 80B-27 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 $5,250 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 tenant 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 occupancy requirement will be based solely on household income. Non 90-day qualifiers must meet basic eligibility requirements applied to all other displacees. The Agency, at its discretion, may opt to pay Last Resort Housing payments in installments or in a lump sum. 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 purchase of a decent, safe and sanitary dwelling. F. IMMIGRATION STATUS Federal legislation (PL105-117) prohibits the payment of relocation assistance benefits under the Uniform Act to any alien not lawfully present in the United States 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. The Developer will authorize the payment of relocation assistance benefits to alien residents from non-federally authorized reimbursable funds. In order to track and account for relocation assistance and benefit payments, relocation staff will be required to seek immigration status information from each displacee 18 years and older by having them self-certify as to their legal 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. Displacees are responsible for consulting with their own tax advisors concerning the tax consequences of relocation payments. 15 80B-28 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 and documented in the case file. Each notice will be written in plain, understandable language. 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) the General Information Notice, 2) the Notice of Relocation Eligibility, and 3) the Ninety-Day 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 requirements and appeal rights. (See Exhibit B) The GIN is issued as early as is feasible in the initial stages of a Project, preferably, the planning stage. A GIN was delivered to the tenant shortly before the initial interview for this Plan. A Notice of Relocation Eligibility (NOE) will be distributed to each residential relocatee. The NOE to the residential relocatee contains a determination of eligibility for relocation assistance and a computation of a maximum entitlement based on information provided by the affected household and the analysis of comparable replacement properties undertaken by relocation staff. The NOE will be issued to any eligible permanent displacee, once the property has been secured by the Developer and the Project funding is in place. No lawful occupant will be required to move without having received at least 90 days advance written notice of the earliest date by which the move will be necessary. The 90-day 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. The 90-day notice will not be issued to any residential displacee before a comparable replacement dwelling has been made available. In addition to the three principal notices, Developer staff will issue timely written 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. Reminder Notices will be issued periodically throughout the qualification period. An attempt shall be made to make written contact with all non-responsive relocatees no later than within the last six months prior to the filing expiration date. 16 80B-29 B. PRIVACY OF RECORDS All information obtained from displacees is considered confidential and will not be shared without the consent of the displacee or the Developer. Developer 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 temporary 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. 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. Specific details for the Developer's appeals policy will be furnished upon request. D. EVICTION POLICY Eviction will cause the forfeiture of a displacee's right to relocation assistance or benefits. Relocation records will be documented 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 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 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. 17 80B-30 E. 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; 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; 3. Provide technical assistance necessary to interpret elements of the Relocation Plan and other pertinent materials; 4. Issuance of a general notice concerning the availability of the Plan for public review, as required, 30 days prior to its proposed adoption; 5. The inclusion of written or oral comments concerning the Plan and the Developer's response as an attachment when it is forwarded to the appropriate governmental body for approval. F. PROJECTED DATE OF DISPLACEMENT The Developer anticipates that the earliest 90-day Vacate Notices will be issued is May 2009. G. ESTIMATED RELOCATION COSTS The total budget estimate for relocation-related payments for this Project, including a 10% contingency, is $49,000. The estimated relocation budget does not include any payments related to property acquisition. In addition, the budget does not consider the cost of any services necessary to implement the Plan and complete the relocation element of the Project. If the Project is implemented, and circumstances arise that should 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, including funds necessary for LRH as indicated in Section IV, E, of this Plan to meet its obligation under the relocation regulations. 18 80B-31 EXHIBIT A RESIDENTIAL INTERVIEW FORM 80B-32 EXHIBIT B GENERAL INFORMATION NOTICE 80B-33 GUIDEFORM GENERAL INFORMATION NOTICE RESIDENTIAL TENANT NOT DISPLACED November 14, 2008 Dear Resident: The Property Owner is interested in rehabilitating the property you currently occupy at 703 N. Lacy St., Santa Ana, CA 92701, for a proposed project which may receive funding assistance from the U.S. Department of Housing and Urban Development (HUD). The purpose of this notice is to inform you that you will not be displaced in connection with the proposed project (See details below). If the project application is approved and federal financial assistance provided, you may be required to move temporarily so that the rehabilitation can be completed. If you must move temporarily, suitable housing will be made available to you and you will be reimbursed for all reasonable out of pocket expenses, including moving costs and any increase in housing costs. You will need to continue to pay your rent and comply with all other lease terms and conditions. Upon completion of the rehabilitation, you will be able to lease and occupy your present apartment or another suitable, decent, safe and sanitary apartment in the same building/complex under reasonable terms and conditions (See details below). If federal financial assistance is provided for the proposed project, you will be protected by a federal law known as the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA). One of the URA protections for persons temporarily relocated is that such relocations 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 URA. 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. You will also have the right to appeal the agency's determination, if you feel that your application for assistance was not properly considered. In the event you are over the income levels for the proposed project, you may be eligible for permanent relocation benefits including but not limited to: advisory services, referrals to comparable replacement dwellings and financial assistance to purchase or rent a replacement dwelling. Accordingly, it is of paramount importance that we receive your cooperation in our survey and assessment of your needs in the completion of the attached income certification. We urge you not to move at this time. If you choose to move, you will not be provided relocation assistance. Please remember: This is not a notice to vacate the premises. This is not a notice of relocation eligibility. You will be contacted soon so that we can provide you with more information about the proposed project. If the project is approved, we will make every effort to accommodate your needs. In the meantime, if you have any questions about our plans, please contact: Advanced Property Services, LLC -Barry A. Cottle, PO Box 31 ] ,Tustin, CA 92781 (714)731-7313 Sincerely, Barry A. Cottle 80B-34 GUIDEFORM GENERAL INFORMATION NOTICE de Inquilinos Residenciales no desplazados 14 de Noviembre de 2008 Estimado Residente: El dueno de la propiedad esta interesado en rehabilitar la propiedad que usted ocupa en la direction 703 N. Lacy St., Santa Ana, CA 92701 para un proyecto que esta propuesto y que posiblemente recibira asistencia de fondos del U.S Department of Housing and Urban Development (HUD) El propoeito de este aviso es para informarle que usted no sera desplazado en conexion con este propuesto proyecto (Vea detalles abajo). Si la aplicacion para el proyecto es aprobada y asistencia de fondos federales es proporcionada, es posible que usted sea requerido a mudarse temporalmente hasta que la rehabilitation se cumpla. Si tiene que mudarse temporalmente, una vivienda adecuada sera disponible y usted sera rembolsado por todos los gastos razonables, incluyendo los gastos de mudanza y cualquier aumento de costos de vivienda. Usted necesita continuar pagando su renta y cumplir con todos los otros terminos y condiciones de su contrato de inquilino. Cuando la rehabilitation se cumpla, usted podra alquilar y ocupar el mismo apartamento u otro apartamento adecuado que sea detente, seguro y sanitario en el mismo edificio / complejo bajo terminos y condiciones razonables (Vea detalles abajo). Si asistencia de fondos federales es proporcionada para el propuesto proyecto, usted sera protegido por una ley federal conocida como la Ayuda Uniforme de Reurbanizacion y Acto de Politicas de Adquisicion de Bienes Raices (URA). Una de las protecciones de la URA para personas desplazadas temporalmente es que tal desplazo no puede extender mas de un ano. Si el desplazo temporal se extiende mas de un ano, usted sera contactado y dado una oferta de asistencia de reubicacion permanente tal como una persona desplazada bajo de la URA. Esta asistencia sera en adici6n a la asistencia que recibira en conexion con el desplazo temporal y no sera reducido por la cantidad de asistencia que usted recibio anteriormente. Usted tambien tendra el derecho de apelar la determination de la agencia, si usted siente que su aplicacion para asistencia no fue considerada propiamente. En caso que sus ingresos sobrepasen los niveles del propuesto proyecto, usted puede ser elegible para benelicios de reubicacion permanente que incluyen pero no son limitados a: Los servicios de consejo, referencias a viviendas comparables de reemplazo y asistencia financiera para comprar o alquilar una vivienda de reemplazo. Por to tanto, es de la mas alta importancia que recibamos su cooperation en nuestra inspection y evaluation de sus necesidades en completar la certification de ingresos incluida con esta Carta. Le pedimos que no se mude de su vivienda. Si elige mudarse, no recibira asistencia de reubicacion. POR FAVOR RECUERDE: Este NO es un aviso de desalojo Este NO es un aviso de elegibilidad para beneficios de reubicacion Usted sera contactado pronto para poder proporcionarle mas information acerca del propuesto proyecto. Si el proyecto es aprobado, haremos cads esfuerzo para acomodar sus necesidades. Por to pronto, si tiene alguna pregunta acerca de nuestros planes, por favor contacte: Advanced Property Services, LLC- Barry A. Cottle, PO Box 3l 1, Tustin, CA 92781 (714)731-7313 S inceramente, Barry A. Cottle 80B-35 EXHIBIT C 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: $84,100 Family Size Extremely Low Very Low Lower 1 Person 19,550 32,550 52,100 2 Person 22,300 37,200 59,500 3 Person 25,100 41,850 66,950 4 Person 27,900 46,500 74,400 5 Person 30,150 50,200 80,350 6 Person 32,350 53,950 86,300 7 Person 34,600 57,650 92,250 8 Person 36,850 61,400 98,200 Figures are per the Department of Housing and Urban Development (California), February 19, 2008. 80B-36 EXHIBIT D RESIDENTIAL INFORMATIONAL BROCHURE 80B-37 FtelocatiQn ~4ssistance Informational Statement for Families and Individuals (Federal) Displacing Agencv: C&C Development Co. and Orange Housing Development Corp. Proiect Name: Lacy Apartments Project Displacing Agencv Representative: Overland, Pacific 8~ Cutler, Inc. 10 Hughes, A207 Irvine, CA 92630 Phone: (800) 901-5263 Informational Statement Content: 1. Generallnformation 2. Assistance In Locating A Replacement Dwelling 3. Moving Benefits 4. Replacement Housing Payment -Tenants And Certain Others 5. Section 8 Tenants 6. Replacement Housing Payment -Homeowners 7. Qualification For And Filing Of Relocation Claims 8. Last Resort Housing Assistance 9. Rental Agreement 10. Evictions 11. Appeal Procedures -Grievance 12. Tax Status of Relocation Benefits 13. Legal Presence Requirement 14. Non-Discrimination and Fair Housing 15. Additional Information And Assistance Available Spanish speaking representatnres are le. Si necesita seta. infonnaci6n an sspanol, por favor llama a:su representable. 80B-38 ~nformat~onaf Statement for Families and fndividua[s {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 Overland, Pacific & Cutler, Inc. (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 Overland, Pacific & Cutler, Inc., so you will 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 you 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 consultant will carry out an inspection and advise you as to whether the dwelling unit meets decent, safe and sanitary housing requirements. A decent, safe and sanitary housing unit provides adequate space for its occupants, proper weatherproofing and sound heating, electrical and plumbing systems. Your new 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 and Related Expenses based on at least two written estimates and receipted bills; or • A combination of both (in some cases). 80B-39 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 that 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 not you own your own furniture. The payment is based upon a schedule approved by the Displacing Agency, and ranges, for example, from $400.00 for one furnished room to $2,150.00 for eight rooms in an unfurnished dwelling. (For details see the table). Your relocation representative 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-up, credit check and other related moving fees. Fixed Moving Schedule CALIFORNIA Effective 2008 Occupant owns furniture: 1 room $625 2 rooms $800 3 rooms $1,000 4 rooms $1,175 5 rooms $1,425 6 rooms $1,650 7 rooms $1,900 8 rooms $2,150 Each additional room $225 Occupant does NOT own furniture: 1 room $400 Each additional room $65 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 representative 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 $5,250.00 to assist in renting or purchasing a comparable replacement dwelling. In order to qualify, you must either be a tenant who has occupied the present dwelling for at least 90 days immediately prior to the initiation of negotiations or an owner who has occupied the present dwelling between 90 and 180 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 aforty-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 required to provide your relocation representative 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 representative will clarify procedures necessary to apply for this payment. 80B-40 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 representative will provide counseling and other advisory services along with moving benefits. 6. REPLACEMENT HOUSING PAYMENT -HOMEOWNERS A. If you own and occupy a dwelling to be purchased by the Displacing Agency for at least 180 days prior to the initiation of negotiation, you may be eligible to receive a payment of up to $22,500.00 to assist you in purchasing a comparable replacement unit. This payment is intended to cover the following items: Purchase Price Differential - An amount which, when added to the amount for which the Displacing Agency purchased your property, equals the lesser of the actual cost of your replacement dwelling; or the amount determined by the Displacing Agency as necessary to purchase a comparable replacement dwelling. Your relocation representative will explain both methods to you. Mortgage Interest Differential -The amount which covers the increased interest costs, if any, required to finance a replacement dwelling. Your relocation representative will explain limiting conditions. Incidental Expenses -Those one time incidental costs related to purchasing a replacement unit, such as escrow fees, recording fees, and credit report fees. Recurring expenses such as prepaid taxes and insurance premiums are not compensable. B. Rental Assistance Option - If you are an owner-occupant and choose to rent rather than purchase a replacement dwelling, you may be eligible for a rental assistance payment of up to the amount that you could have received under the Purchase Price Differential, explained above. The payment will be based on the difference between the fair market rent of the dwelling you occupy and the rent you must pay for a comparable replacement dwelling. If you receive a rental assistance payment, as described above, and later decide to purchase a replacement dwelling, you may apply for a payment equal to the amount you would have received if you had initially purchased a comparable replacement dwelling, less the amount you have already received as a rental assistance payment. 7. 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. 80B-41 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. 8. 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 replacement dwelling on a timely basis. Last Resort Housing assistance is based on the individual circumstances of the displaced person. Your relocation representative 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 replacement 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. 9. 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, where they are to be paid and other pertinent information. 10. EVICTIONS Eviction for cause must conform to applicable State and local law. Any person who occupies the real property and is not in unlawful occupancy on the date of initiation of negotiations, is presumed to be entitled 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 occupying 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. 11. APPEAL PROCEDURES -GRIEVANCE Any person aggrieved by a determination as to eligibility for a relocation payment, or the amount of a payment, may have the claim reviewed or reconsidered in accordance with the Displacing Agency's appeals procedure. Complete details on appeal procedures are available upon request from the Displacing Agency. 12. 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 O 1) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax law, Part 11 80B-42 (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 be 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 (including 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 parry any matters addressed herein) 13. 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 information 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 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 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. 14. 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 other 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. 15. 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 representative at Overland, Pacific & Cutler. 80B-43 Asistencia de Reub~Eacion Fol~eto de [nformac+on Pura PamiNas a Irx~v~d~uos Relocation Assistance infortna#iatai Statement for Families and individuals (Federal) Agencia de Desplazamiento: C&C Development Co. And Orange Housing Development Corp. Nombre del Proyecto: Lacy Apartments Project Representantes de la Agencia de Desplazamiento: Overland, Pacific & Cutler, Inc. 10 Hughes, A207 Irvine CA Telefono: (800) 901-5263 Contenido del Folleto de Informacion: 16. Informacion General 17. Ayuda para Encontrar Unidad de Reemplazo 18. Beneficios de Mudanza 19. Pago de Reemplazo de Vivienda - Inquilinos y Ciertos Otros 20. Inquilinos de Seccion 8 21. Pago de Reemplazo de Vivienda - Duenos 22. Requisitos para Llena Reclamos de Reubicacion 23. Pago de Ultimo Recurso 24. Contrato de Renta 25. Evicciones 26. Procedimientos de Apelaci6n - Agravio 27. Condicion de Impuestos sobre Beneficios de Reubicacion 28. Requisitos de Presencia Legal 29. No-Discriminacion Y Vivienda Justa 30. Informacion Adicional y Asistencia Disponible ~ repntati~s an3 avaikable. Si necesrta seta infon~nacibn en ice, por favor Dame a su repres®ntante. 80B-44 Falleto de Informacion para Familial a lndviduos ~~der~!} 1. INFORMACION GENERAL La vivienda en el que usted vive esta en un area de proyecto que va a ser mejorada, o financiada por, la Agenda de Desplazamiento usando fondos federales. Si y cuando el proyecto prosiga, y es necesario que usted se mude de su vivienda, usted podria ser elegible para recibir ciertos beneficios. Usted sera notificado con tiempo de la fecha en que tendra que mudarse. Por favor lea esta Informacion, ya que le ayudara a determinar su elegibilidad y la cantidad de los beneficios de reubicacion que usted puede recibir bajo la ley federal. Usted necesitara proporcionar Informacion adecuada y a tiempo para determinar sus beneficios de reubicacion. La Informacion es voluntaria, pero si no la provee, usted no podria recibir los beneficios o pudiera demorar el pago. Le sugerimos que guarde este folleto de Informacion para su referenda. La Agenda de Desplazamiento ha contratado los servicios de la compania Overland, Pacific & Cutler, Inc. (OPC), para proveerle asistencia de reubicacion. La empresa esta a su disposition para explicarle el programa y los beneficios. Su direction y numero de telefono se encuentran en la portada de este folleto. POR FAVOR NO SE MUDE ANTES DE TIEMPO. ESTE NO ES UN AVISO PARR DESOCUPAR SU VIVIENDA. Sin embargo, si usted desea mudarse antes de to requerido, usted debe ponerse en contacto con la empresa Overland, Pacific & Cutler, Inc., para que no pierda ninguno de sus beneficios. Este es unicamente un folleto de information general y no tiene la intention de proporcionar una description detallada ni de la ley ni de los reglamentos relacionados que pertenecen al programa de asistencia de la Agenda de Desplazamientos. Por favor siga pagando su renta mensual al dueno de la propiedad en la cual usted vive. Si no paga su renta, usted puede ser desalojado de su vivienda y puede perder sus derechos de reclamar beneficios de reubicacion. Una vez que la Agenda se convierta en dueno de la propiedad, sera necesario que usted siga pagando su renta a la Agenda. 2. AYUDA PARA ENCONTRAR UNA UNIDAD DE REEMPLAZO La Agenda de Desplazamiento, por medio de sus representantes, to asistira en localizar una vivienda de reemplazo comparable proveyendo referencias de unidades de vivienda apropiadas y disponibles. Es importante tambien que usted se mantenga activo buscando tal vivienda. Cuando la vivienda de reemplazo sea encontrada, su consultante de reubicacion llevara acabo una inspection y le avisara si la unidad llena los requisitos de una vivienda que es detente o razonable, Segura y limpia. Una unidad de vivienda razonable, Segura y limpia debe proveer un espacio adecuado para sus ocupantes, estar a prueba de mal temporal y de un sistema adecuado de calefaccion, plomeria y electricidad. Su vivienda de reemplazo debe pasar la inspection antes de la autorizacion de pagos de beneficio. 80B-45 3. LOS BENEFICIOS DE MUDANZA Si usted tiene que mudarse debido a un proyecto de la Agenda de Desplazamiento, usted recibira un pago para asistirlo a mover su propiedad personal. Los gastos reales, razonables y necesarios de mudanza pueden estar detenninados basados en las siguientes formas: Un Pago Fijo de Mudanza basado en el numero de cuartos que usted ocupa (ver abajo); o Un pago por su Mudanza Actual Razonable y Gastos Relacionados basados al menos en dos estimados escritos o cobros recibidos; o Una combinacion de ambos. Por ejemplo, puede escoger mudarse por si mismo, recibiendo un pago basado en el Costo Fijo de Mudanza Residencial mostrado abajo, mas el costo de mudanza profesional para transportar objetos que requieren cuidado especial como un piano de cola y/u otros. En este caso, podria haber un ajuste en el numero de cuartos que califiquen bajo La Tabla de Costo Fijo de Mudanza Residencial. A. Pago Fijo de Mudanza (Mudanza por Si Mismo) Un Pago Fijo de Mudanza esta basado en el numero de cuartos que ocupa y si usted es dueno de muebles o no. El pago esta basado en una lista aprobada por la Agenda de Desplazamiento, que es desde, por ejemplo, $400.00 por un cuarto amueblado hasta $2,150.00 por ocho cuartos en una vivienda sin muebles (ocupante dueno de muebles). (Para detalles vea la tabla). Su representante de reubicacion le informara de la cantidad que usted recibira al ser elegible si usted escoge este tipo de pago. Si usted escoge el Pago Fijo de Mudanza, usted sera responsable de los arreglos de su propia mudanza, y la Agenda de Desplazamiento no asumira ninguna Pago Fyo de Mudanza CALIFORNIA Efectivo 2008 Ocupante due no de muebles: 1 cuarto $625 2 cuartos $800 3 cuartos $1,000 4 cuartos $1,175 5 cuartos $1,425 6 cuartos $1,650 7 cuartos $1,900 8 cuartos $2,150 Cada cuarto adi cional $225 responsabihdad por perdidas o Banos a su propiedad personal. Un pago fijo tambien incluye la conexion de utilidades, la revision de credito y otros gastos relacionados a la mudanza. C. Gastos Actuates de Mudanza (Mudanza Comercial) Si usted desea contratar los servicios de una compania profesional de mudanza y quiere que la Agenda de Desplazamiento pague la factura, usted puede reclamar el costo ACTUAL de la mudanza de propiedad personal hasta una distancia de 50 millas. Su representante de reubicacion le informara del numero de presupuestos estimativos que podrian ser requeridos y le ayudara a desarrollar un plan que la Agenda de Desplazamiento pueda aprobar. 4. PAGO EN REEMPLAZO DE VIVIENDA - INQUILINOS Y CIERTOS OTROS Inquilinos y Buenos ocupantes pueden ser elegibles por un pago hasta de $5,250.00 para ayudarlo con el alquiler o la compra de una vivienda de reemplazo comparable. Para calificar, debe de ser un inquilino que ha ocupado la vivienda presente por al menos 90 digs inmediatamente antes de la 80B-46 iniciacion de negociaciones o un dueno que ha ocupado su vivienda entre 90 y 180 digs inmediatamente antes de la iniciacion de negociaciones. A. Asistencia de Rents. Si usted desea rentar su vivienda de reemplazo, sus beneficios maximos se basaran en la diferencia sobre un periodo de cuarenta y dos (42) meses entre la rents que tiene que pagar por una vivienda de reemplazo comparable, y to menor de la rents actual o un treinta por ciento (30%) de los ingresos mensuales si su total de ingreso en bruto son clasificados como de "bajos ingresos" por la Encuesta Anual del Departamento de Vivienda y Desarrollo Urbano (HUD) de los Estados Unidos, con respecto a los Limites de Ingresos pars la Vivienda Publics y Programas de Section 8. Usted tends que proveer a su representante de reubicacion la verification de su rents a ingreso mensual antes que se determine la elegibilidad de su pago. -o- B. Asistencia de Pago de Enganche. Si usted califica, y desea comprar una Casa como una vivienda de reemplazo, usted puede solicitar la cantidad total de su pago de rents pars un pago de enganche sin ningun otro costo. Su representante de reubicacion le explicara los procedimientos necesarios pars solicitar este tipo de pago. 5. INQUILINOS CON SECCION 8 Cuando usted se mude, usted podria ser elegible de transferir su elegibilidad de Seccion 8 a un lugar de reemplazo. En tales casos, una vivienda comparable sera determinada basada en la composition de su familia al tiempo del desalojo y en el criterio actual del programs de viviendas. Es posible que la unidad de vivienda no sea del mismo tamano como la que ahora ocupa. Su representante de reubicacion le proveera con servicios de consejeria y de asesoramiento junto con los beneficios de mudanza. 6. PAGO DE REEMPLAZO DE VIVIENDA - DUENOS A. Si usted es dueno y ocupa una vivienda que va ser comprada por la Agenda de Desplazamiento por to menos por 180 dias antes del inicio de las negociaciones, usted podria ser elegible a recibir un pago de hasta $22,500.00 pars ayudarlo en la comps de una vivienda de reemplazo. Este pago cubre to siguiente: 1. Diferencial Del Precio de Compra -Una cantidad que, cuando agregada a la cantidad por la cual la Agenda compro su propiedad, es menor al costo actual de su vivienda de reemplazo; o la cantidad determinada por la Agenda de Desplazamiento como sea necesario pars comprar una vivienda de reemplazo comparable. Su representante de reubicacion le explicara ambos metodos en detalle. 2. Pago de Diferencial de Interes Hipotecario - Un pago que cubre el costo del aumento en los intereses, si hubiera alguno, pars financiar una vivienda de reemplazo. Su representante le explicara las condiciones limitadas. 3. Gastos Incidentales - Estos son los costos imprevistos de ocurren una vez relacionados con la Compra de una unidad de reemplazo, tales como: pago por servicios de cuenta de plica (escrow), pago de inscription y del reporte de credito. Los gastos recurrentes al comprar una propiedad como los pagos prepagados de impuestos y de primas de seguro no son compensables. 80B-47 B. Opcion de Asistencia de Rents - Si usted es un dueno-ocupante y elige rentar en vez de comprar una vivienda de reemplazo, usted puede ser elegible para un pago de asistencia de rents por toda la cantidad que pudiera haber recibido bajo la clausula de Diferencia en el Precio de Compra, descrito arriba. El pago esters basado en la diferencia entre to que es la rents del mercado de vivienda que ocupa y la rents que usted debe pager por una vivienda de reemplazo comparable. Si usted recibe un pago de asistencia de rents, como descrito arriba, y despues decide comprar una vivienda de reemplazo, usted podria solicitar un pago que es igual a la cantidad que hubiera recibido si inicialmente hubiera comprado una vivienda de reemplazo comparable, menos la cantidad que ya recibio como pago de asistencia de rents. 7. REQUISITOS PARR LLENAR RECLAMOS DE REUBICACIbN Para calificar para un Pago de Reemplazo de Vivienda, usted tiene que rentar o comprar una vivienda de reemplazo comparable dentro de un aiio de to siguiente: Para un inquilino, la fecha que se mude de la vivienda de desplazo. Para un dueno-ocupante, to que ocurra mss tarde de: a. La fecha cuando reciba el pago final por la unidad de desalojo, o, en caso de un procedimiento de expropiacion o confiscacion, la fecha cuando la cantidad total estimada como compensacion juste sea depositada en Corte; o b. La fecha en que la Agenda de Desplazamientos cumpla con su obligacion de proveerle una vivienda de reemplazo comparable. Todos los reclamos de reubicacion deben ser presentados a la Agenda de Desplazamiento dentro de dieciocho (18) meses de la fecha en que usted reciba el pago final por su propiedad, o de la fecha cuando usted se mude de la propiedad, cualquiera que de estas que ocurra mss tarde. 8. PAGOS DE ULTIMO RECURSO Si no hay viviendas comparables de reemplazo disponibles cuando a usted tenga que mudarse, o si las viviendas de reemplazo no estan disponibles dentro de los limites monetarios ya citados, la Agenda le dare asistencia de ultimo recurso para que puede rentar o comprar una vivienda de reemplazo a tiempo. La Asistencia de Ultimo Recurso esta basada en las circunstancias individuales del desplazado. Su representante de reubicacion le explicara el proceso para determiner si usted califica o no para tal tipo de asistencia. Si usted es un inquilino, y elige comprar en vez de rentar una vivienda de reemplazo comparable, la cantidad total de sus beneficios de asistencia de rents y su elegibilidad de Ultimo Recurso seran aplicados en el enganche y en los gastos incidentales elegibles de la vivienda que usted esta intentando comprar. 80B-48 9. CONTRATO DE RENTA En el caso que usted pase a ser un inquilino de la Agenda de Desplazamiento como resultado de la action de la Agencia de comprar la vivienda donde usted vive, se le pedira a usted que firme un contrato de renta el cual especificara la renta mensual que tendra que pagar, cuando se vence la renta, donde tiene que pagarla y otra information pertinente. 10. EVICCIONES Las evicciones por causa deben ser aplicables y conformarse a la ley Estatal y local. Cualquier persona, que ocupa la propiedad y no esta en tenencia ilicita en la fecha de la iniciacion de negociaciones, se asume que tiene derechos a los beneficios de reubicacion, al menos que la Agenda de Desplazamientos determine que: • La persona recibio una aviso de eviccion antes de la iniciacion de negociaciones y, como resultado, posteriormente fue desalojada; • La persona es desalojada despues de la iniciacion de negociaciones por serias o repetidas violaciones de los terminos del contrato; • E1 desalojo no fue llevado a cabo con el proposito de evadir los reglamentos de asistencia en reubicacion. Excepto por las causas de eviccion descritas arriba, ninguna persona que legalmente ocupa una propiedad de la Agenda es requerida a cambiarse si no tiene un aviso escrito por los menos de 90 digs. 11. PROCEDIMIENTOS DE APELACION - AGRAVIO Cualquier persona con una queja por una determination de elegibilidad en un pago de reubicacion o de la cantidad de un pago, puede pedir que su reclamo sea revisado o reconsiderado de acuerdo con el procedimiento de apelaciones establecido. Los detalles completos de procedimientos de apelacion estan disponibles solicitandolos a la Agenda. 12. CONDICION DE IMPUESTOS SOBRE BENEFICIOS DE REUBICACION El Codigo del Gobierno de California, Section 7269 indica que ningun pago de reubicacion debe ser considerado como ingreso para el proposito de Ley de Impuestos de Ingresos Personales, Parte 10 (comenzando con la Seccion 170 O1) de la Division 2 del Codigo de Ingresos a Impuestos, o la Ley de Impuestos para Bancos y Corporaciones, Parte 11 (comenzando con la Seccion 23001) de la Division 2 del Codigo de Ingresos a Impuestos. Ademas, las regulaciones federales (49 CFR Parte 24, Seccion 24.209) tambien indican que ningun pago recibido bajo esta parte (Parte 24) debera ser considerado como ingreso para el proposito del Codigo de Ingresos Internos de 1954, el cual ha sido redestinado como el Codigo de Ingresos Internos de 1986. Las declaraciones anteriores no son ofrecidas como consejo legal con respecto a consecuencias de impuestos, y los desplazados deben consultar con su propio consejero de impuestos o un consejero legal para determinar el estado actual de tales pagos. (Declaration de la Circular del IRS 230: Para asegurar cumplimiento de los requisitos de impuestos por el IRS, le informamos que ningun consejo de impuestos contenido en esta comunicacion 80B-49 (incluyendo cualquier anexo) no ha tenido la intention o fue escrito para ser usado, y no puede ser usado, para el proposito de (i) evadir multas relacionadas con impuestos bajo el Codigo de Ingresos Internos o (ii) para promover mercadeo o recomendar a algun individuo a asuntos explicados en la presente) 13. REQUISITO DE PRESENCIA LEGAL Para poder ser elegible de recibir beneficios de reubicacion por proyectos de reubicacion financiados con fondos federales, todos los miembros de la vivienda a ser desplazados deben de proporcionar information con relation a su presencia legal en los Estados Unidos. A cualquier miembro de la vivienda que no este legalmente residiendo en los Estados Unidos o se rehusa a proporcionar esta information, se le podria negar los beneficios de reubicacion, al menos que tal ilegibilidad resultara en una dificultad inusual exceptional y extremosa para el conyuge, padre, o hijo del que no esta legal, y que cualquiera de epos es un ciudadano o alguien que ha sido admitido para residencia permanente. Las dificultades inusuales, excepcionales y extremosas son definidas como significantes cuando muestran un impacto adverso en la salud o la seguridad, una existencia continua de la unidad familiar, y cualquier otro impacto determinado por la Agenda de Desplazamientos que pueda afectar negativamente al esposo/a, padre o hijo del que no esta legal. Los beneficios de reubicacion seran calculados de acuerdo al numero de miembros de la familia con presencia legal certificada en los Estados Unidos. 14. NO-DISCRIMINACION Y VIVIENDA JUSTA A ninguna persona por motivos de raza, color, origen national o sexo se le excluira de participation, no se le negara a recibir beneficios, o se le sujetara a discrimination bajo el programa de asistencia de reubicacion de la Agenda de Desplazamiento de acuerdo con el Titulo VI del Acta de Derechos Civiles de 1964, con el Acta de Derechos Civiles de 1968 del Titulo VIII, y de acuerdo con otras leyes de anti-discrimination y vivienda justa estatales y federales aplicables. Usted podria someter una queja si usted tree que has sido sujeto a discrimination. Para obtener mas detalles, por favor comuniquese con la Agenda de Desplazamiento. 15. INFORMACION ADICIONAL Y ASISTENCIA DISPONIBLE Los responsables de proveer asistencia de reubicacion esperan ayudarle en todas las formas posibles para minimizar la dificil tarea de reubicacion a una nueva casa. Su cooperation sera de mucha ayuda y gratamente apreciada. Si tiene preguntas durante el proceso de reubicacion, no dude en comunicarse con su representante de reubicacion de Overland, Pacific & Cutler. ~:~1 ~ 1~ EXHIBIT E PUBLIC COMMENTS AND RESPONSES 80B-51 RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN FOR THE RAITT APARTMENTS PROJECT PREPARED FOR C&C Development & Orange Housing Development Corporation 1110 E. Chapman Avenue, Suite 200 Orange, CA 92866 (714) 288-7600 BY OVERLAND, PACIFIC & CUTLER, INC. 10 HUGHES, A207 IRVINE, CA 92618 (949) 951-5263 November 24, 2008 EXHIBIT 4 Overland, Pacific & Cutler, Inc. 80B-52 INTRODUCTION C&C Development Co. and Orange Housing Development Corporation ("the Developer") is in the processing of acquiring one property for their proposed affordable housing project, the Raiff Apartments Project in Santa Ana, CA ("the Project"). The Project site consists of .2 acres and is located at 702 S. Raiff Street. The site contains one structure housing 10 one- bedroom apartment units. Currently, all 10 units are occupied. The Developer plans to reconfigure and rehabilitate the units, including a thorough rehab of the interior and exterior. For the interior, new drywall, paint, insulation, kitchen cabinets, toilets, bath tubs, shower enclosures, sinks, garbage disposals, and vinyl flooring will be installed or replaced. Work on the exterior will include new roofs, repairs to the stucco, new exterior paint and new windows. Eight units will remain after the rehabilitation has been completed: four one-bedroom units, two two-bedroom units and two three-bedroom units. Units will be offered to tenants who qualify at 50% of area median income. Those tenant households, whose income level is greater than 50% of area median income, will need to be permanently relocated. In addition, even if all tenant households "income qualify" to remain within the Project, because two units will be lost for the expansion of several units, two households will be permanently displaced regardless. New tenants will be held to a 2+2 occupancy standard (two people per bedroom and two people in an additional room such as a living room or den) for one-bedroom units and a 2+1 occupancy standard (two people per bedroom and one person in an additional room such as a living room or den) for two and three bedroom units. Any current overcrowded households will be "grandfathered" and will qualify to remain within the Project in one of the rehabilitated units, unless they are one of the two households to be displaced due to the reduction in number of units. As of this date, the Project will cause the permanent displacement of two residential households. The needs and characteristics of the permanent displacees and the Developer's program to provide assistance to each affected person are general subjects of this Relocation Plan (Plan). The dwellings, which are the subject of this Plan, are located on Raiff Street and in the area generally bounded by W. Willits Street, S. Western Avenue, W. Wisteria Place and S. Townsend Street in the City of Santa Ana, as illustrated on the Project Site Maps shown in Attachment 1. The Developer anticipates funding for the Project will be provided by tax increment and HOME funds. This Plan conforms to the requirements of the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, the implementing regulations of Handbook 1378 of the Department of Housing and Urban Development (HUD), the California Relocation Assistance Law, Government Code Section 7260, et seq. (Law), the Relocation Assistance and Real Property Acquisition Guidelines Overland, Pacific & Cutler, Inc. 80B-53 adopted by the Department of Housing and Community Development and Title 25, California Code of Regulations Section 6000, et seq. (Guidelines). Overland, Pacific & Cutler, Inc. ("OPC"), an experienced relocation consulting firm, has been selected to prepare this Residential Antidisplacement and Relocation Assistance Plan (the "Plan"). OPC will provide all required relocation assistance to the tenant households, who will be permanently displaced. In compliance with statutory requirements, this Relocation Plan has been prepared to primarily evaluate the present circumstances and replacement requirements of the permanent displacees. (A brief description of the relocation assistance, for which the temporarily displaced tenants will be eligible, will also be included.) Overland, Pacific & Cutler, Inc. 80B-54 RESIDENTIAL ANTIDISPLACEMENT PLAN Background Part of the relocation planning process requires that grantees receiving federal CDBG, Section 108 loan funds or HOME assistance must assure that they have taken all reasonable steps to minimize the displacement of persons as a result of activities assisted with these funds. The Developer will be applying for, and hopes to use, HOME funds for the proposed Project. Consequently, the entire Project, including its initial and subsequent phases, is subject to HUD regulations governing relocation and minimization of displacement. These regulations are found in Section 104(d) of the Housing and Community Development Act of 1974, (the Act) as amended [42 United States Code, Section 5304(d)] and implementing regulations at 24 Code of Federal Regulations, Part 42. After an extensive search to find properties, which would minimize the need to displace/relocate individuals and could be purchased at an economically feasible price, Developer staff concluded that the proposed site would result in the least amount of residential displacement and meet the other criteria. The amount of relocation has been reduced to two permanent residential displacements. Thus, displacement of residential occupants is avoided to the extent possible. One-for-One Replacement Units The Developer will replace all occupied and vacant occupiable lower income housing demolished or converted to a use other than lower income housing in connection with funds provided under the HOME loan program. All replacement housing will be provided within four years after the commencement of the demolition or conversion. Before entering into a contract committing the Developer to provide funds for a project that will directly result in demolition or conversion, the Developer will make public by publication in a newspaper of general circulation and submit to HUD the following information in writing: 1. A description of the proposed assisted project; 2. The address, number of bedrooms and location on a map of lower income housing that will be demolished or converted to a use other than as lower income housing as a result of an assisted project; 3. A time schedule for the commencement and completion of the demolition or conversion; 4. To the extent known, the address, number of bedrooms and location on a map of the replacement housing that has been or will be provided; 5. The source of funding and a time schedule for the provision of the replacement housing; Overland, Pacifzc & Cutler, Inc. 80B-55 6. The basis for concluding that the replacement housing will remain lower income housing for at least ten years from the date of initial occupancy; 7. Information demonstrating that any proposed replacement of dwelling units with smaller dwelling units (e.g., a 2-bedroom unit with two I-bedroom units), is appropriate and consistent with the needs and priorities identified in the approved Comprehensive Housing Affordability Strategy (CHAS). To the extent that the specific location of the replacement housing and other data in Items 4 through 7 above are not available at the time of the general submission, the Developer will identify the general location of such housing on a map and complete the disclosure and submission requirements as soon as the specific data are available. The Santa Ana Redevelopment Agency is responsible for tracking the replacement of lower income housing and ensuring that it is provided within the required period. Overland, Pacific & Cutler, Inc. ("OPC") is responsible for processing claims to provide relocation payments and for providing other relocation assistance to any lower income person displaced by the demolition of any housing or the conversion of lower income housing to another use. Consistent with the goals and objectives of activities assisted under the Housing and Community Development Act of 1992 as well as the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, the Developer will provide relocation assistance to displaced occupants as described in this Relocation Plan. Overland, Pacific & Cutler, Inc. ~:~1 RELOCATION PLAN This Relocation Plan has been prepared in accordance with the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, (Uniform Act). In addition, because the project has utilized HOME funds administered by the U. S. Department of Housing and Urban Development (HUD), permanent relocation benefits may exceed the amount calculated under the Uniform Act, and instead, be calculated as dictated by Section 104(d) of the Housing and Community Development Act of 1974, (the Act) as amended [42 United States Code, Section 5304(d)]. In order to attain its overall development goals for the Project, it is the Developer's intention to provide a fair and equitable relocation program for all eligible Project displacees. No displacement activities will take place prior to the required reviews and approval of this Plan. A. METHODOLOGY AND ASSESSMENT OF NEEDS To obtain information necessary for the preparation of this Plan, personal interviews were conducted with the Project occupants by Developer staff in November 2008. At the time of the interviews, there were 10 occupied tenant households, and the Developer was successful in interviewing all ten households. Inquiries made of the residential occupants included household size and composition, ages of occupants, rental and income information, length and type of occupancy, ethnicity, language first spoken in the home, disabilities/health problems, and preferences related to replacement housing and location. All information of a statistical nature supplied by the occupants was validated by documentary evidence required to comply with relocation qualifying criteria. At the time of this Plan, we had received written income documentation from the Developer for all ten households. Income level is a determining factor as far as whether a household will be permanently or temporarily displaced. OPC made assumptions and based our results on the written documentation received from the Developer and the verbal responses of the tenants, and determinations were made as of the date of this Plan. Again, the remainder of this Plan will primarily address the data and needs of the two households to be permanently displaced. B. FIELD SURVEY DATA -ASSESSMENT OF NEEDS The information gathered at the time of the preparation of this Plan is included in the table below, which shows some of the household characteristics and needs of the households displaced. Overland, Pacific & Cutler, Inc. 80B-57 TABLE 1: PROJECT HOUSEHOLDS' CHARACTERISTICS Income Composition Current Current Bedrooms Elderly/ Language Category Adults/Children Rent Bedrooms Needed Physically (Ages of Children) Disabled L (2) (2) $850/mo. 1 2 No Spanish EL (1) (0) $850/mo. Section 8 1 1 Yes Spanish Demographics for the Project area in general are provided in Attachment 2. C. PROJECT OCCUPANCY/OVERCROWDING For purposes of determining whether overcrowding conditions exist, an occupancy standard of two persons per sleeping room plus one person in anon-sleeping room was utilized. Based on that occupancy standard, one household to be permanently displaced is overcrowded. Replacement housing referrals to the occupants of this dwelling will reflect the need for larger accommodations. D. REPLACEMENT HOUSING RESOURCES One of the primary purposes of a Relocation Plan is to demonstrate the availability of comparable, affordable, decent, safe and sanitary housing prior to the displacement of residential occupants. In order to adequately relocate the Project households, one two- bedroom non-Section 8 unit and one one-bedroom Section 8 unit will be required. A housing survey was made during the third week in November 2008 to identify available comparable, decent, safe and sanitary units available for rent in close proximity to the Project site. Based on the results of that survey, it appears that comparable replacement dwelling units are available to meet the needs of the households, who will be permanently displaced. Table 2 below outlines the resource study and shows the number of available units and their corresponding rents. TABLE 2: Availability and Cost of Replacement Rental Housing Bedroom Size One (Section 8) Two # Found (# needed) 10 (1) 22 (1) Rent Range Voucher $950-$1,300 Market Median Rent N/A $1,200 Overland, Pacific & Cutler, Inc. ~i~~ ~ ~~ E. CONCURRENT RESIDENTIAL DISPLACEMENT Based on the needs of the Project, there are no concurrent displacements, which may impact the ability to relocate the displaced households. F. PROGRAM ASSURANCES AND STANDARDS Adequate funds are available to relocate each affected household. Relocation assistance services will be provided to ensure that displacement 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 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. No one will be permanently displaced without 90 days advance written notice and unless "comparable" replacement housing can be made available. Generally, a comparable replacement dwelling must satisfy the following criteria: (a) The unit is decent, safe and sanitary -electrical, plumbing and heating systems in good repair - no major, observable hazards or defects. The unit adequate in size and is comparable to the acquired dwelling 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 The relocation program to be implemented by the Developer conforms to the standards and provisions set forth under the Uniform Act and implementing regulations at 49 CFR Part 24 and by Section 104(d) of the Housing and Community Development Act of 1974, (the Act) as amended [42 United States Code, Section 5304(d)]. Overland, Pacific & Cutler, Inc. ~~~~ ~ J G. RELOCATION ASSISTANCE PROGRAM OPC staff is available to assist the displaced households with questions about relocation and/or assistance in relocating. A comprehensive relocation assistance program, with technical and advisory assistance, will be provided to the households permanently displaced. Close personal contact will be maintained with each household. Specific activities will include: Distribute appropriate written information concerning the Developer's relocation program, including the Informational Statements included as Attachment 3; 2. Fully inform eligible project occupants of the nature of, and procedures for, obtaining relocation assistance and benefits; 3. Determine the needs of each displacee eligible for assistance, including any special needs of the elderly and disabled; 4. Provide an adequate number of referrals to comparable, decent, safe and sanitary housing units, including special facilities needed for the elderly or disabled; 5. Provide assistance that does not result in different or separate treatment due to race, color, religion, national origin, sex, marital status or other arbitrary circumstances; 6. Supply information concerning federal and state programs and other governmental programs providing assistance to displaced persons; 7. Assist each eligible residential occupant to complete applications for benefits. 8. Make benefit determinations and payments in accordance with federal and the Developer adopted relocation guidelines; 9. 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. H. PERMANENT RELOCATION BENEFIT CATEGORIES It is anticipated that two residential tenant households displaced by the Project may be eligible for permanent relocation benefits. Eligible tenant occupants will be eligible for Rental Assistance and Moving Expense Payments. Permanent relocation benefits will be paid upon submission of required claim forms and documentation in accordance with Overland, Pacif c & Cutler, Inc. ~:~~ = ~~~ approved procedures. Last resort housing payments will be made in at least two installments. The Developer will provide appropriate benefits for the permanently displaced households as required by the above laws and requirements. Residential Moving Expense Payments The subject households will be eligible to receive a payment for moving expenses. Payments will be determined based on the cost of one, or a combination of the following methods: 1) Commercial Move - a move performed by a professional mover. Displaced occupants may elect to have a licensed, professional mover perform the move; if so, the Developer will pay for the actual cost of the move up to 50 miles and all reasonable charges for packing, unpacking, insurance, and utility connection charges. The payment will be made directly to the mover or as reimbursement to the displaced household with proper supporting documentation. Utility reconnections include gas, water, electricity, and telephone. 2) Self Move -Displaced occupants may perform aself--move in one or a combination of the following methods: a) Fixed Residential Moving Cost Schedule -based on the number of rooms containing furniture or other personal property to be moved. The fixed moving payment will be determined according to the most recent Fixed Residential Moving Cost Schedule approved by the Federal Highway Administration and available in Attachment 4. b) Actual cost move - supported by receipted bills for labor and equipment. Hourly labor rates and equipment rental fees may not exceed the cost estimated by a commercial mover. Rental Assistance For Tenant Occupants To be eligible to receive 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. Based upon the available data regarding Project displacees, the displaced household may qualify for, and may be eligible to apply for, relocation benefits under URA provisions or Section 104(d). Rental Assistance Payments will be calculated based upon the monthly housing need over a 60 month period for eligible occupants whose income level does not exceed 80% of the median income for the County of Orange, as established by the United States Department of Housing and Urban Development (HUD). Recipients of 104(d) benefits would also be eligible to receive reimbursement for security deposit and credit check fees. Except in the case of Last Resort Housing situations, payments to those households whose income level exceeds 80% of the area median income will be payable over a 42 month Overland, Pacific & Cutler, Inc. 80B-61 period and limited to a maximum of $5,250 as stated under URA guidelines. The differences between the two programs are explained in detail in the informational brochures provided to each household (see Attachment 3). Table 3 portrays the benefits determination under the URA: TABLE 3: Example Computation of URA Rental Assistance Payments 1. Old Rent $650 Old Rent and Utilities or 2. Ability to Pay $700 30% of the Gross Household Income (for Low Income Households) 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 Developer (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 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. For owner- occupants or households, which paid little or no rent, fair market rent will be used as a substitute for actual rent; or Overland, Pacifzc & Cutler, /nc. 80B-62 (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. HUD's Survey is shown as Attachment 5. 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 for shelter and utilities if receiving a welfare assistance payment from a program that designated the amounts for shelter and utilities Table 4 provides an example of how a 104(d) rental assistance eligibility amount is determined: TABLE 4: Example Computation of 104(d) Rental Assistance Payments 1. Adjusted Gross Income $700 30% of Household's Monthly Adjusted Gross Income* -or- 2. Gross Income $400 10% of Gross Monthly Household Income 3. Greater of lines 1 and 2 $700 Total Tenant Payment Subtracted from the lesser of: 4. Actual New Rent $795 Actual New Rent (includes utilities) -or- s. Comparable Rent $815 Set by Developer (includes utilities) 6. Lesser of lines 4 and 5 $795 7. Monthly Need Amount $95 Subtract line 3 from line 6 Rental Assistance $5,700 Multiply line 7 (Monthly Need) by 60 months *Adjusted gross income means the total annual Income of an indrndual household less the toiiowmg: (1) a deduction of $480 for each dependent; (2) a deduction of $400 for an elderly household; (3) a deduction for 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 children or sick or incapacitated family members when determined to be necessary to employment of the head of household or spouse, except that the amount deducted 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. Last Resort Housing Payments There is adequate "comparable replacement housing" available to meet the needs of the Project occupants, according to the housing survey. However, a combination of factors, Overland, Pacific & Cutler, Inc. 80B-63 including the income levels of the tenants, low Project rents, and the higher cost of replacement dwellings, will create the need for Last Resort Housing. A displaced person is entitled to Last Resort Housing assistance when, in a single residential case, the computed total of rental assistance eligibility exceeds $5,250 or the replacement housing payment exceeds $22,500. This type of situation is likely to develop among low- income or large families, or in environments where project area rents are particularly low, or where property values for the displacement dwellings are significantly lower than the comparable replacement dwellings. Downpavment Assistance Payment to Tenants who Purchase Residential tenants, who are otherwise eligible to receive the Rental Assistance Payment described above, may choose to receive a lump sum payment equal to forty-two (42) months of rental subsidy (including Last Resort Housing benefits) to purchase a new home. Displacees who qualify for the 60-month calculation, and who want to convert their rental assistance entitlement to down payment assistance, must purchase a cooperative or mutual housing-type replacement home. If a conventional home is purchased, the rental assistance/down payment assistance payment is converted to a 42-month calculation per the URA. I. TEMPORARY RELOCATION BENEFIT CATEGORIES The Developer's Temporary 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 formulate eligibility and benefit determinations and conform to all applicable requirements. The relocation program consists of two principal constituents: advisory assistance and financial assistance (Relocation Benefits). Advisory Assistance Individuals who will need to move from existing homes temporarily will receive advisory assistance. Advisory assistance services are intended to inform displacees about the rehabilitation process and the relocation program as well as facilitate any claims processing: To follow through on the advisory assistance component of the relocation program and assure that the Developer meets its obligations under the law, Developer staff will perform the following functions: Distribute appropriate written information concerning the Developer's relocation program; Overland, Pacific & Cutler, Inc. 80B-64 2. Inform eligible project occupants of the nature of, and procedures for, obtaining available relocation assistance and benefits. Inform all persons subject to temporary displacement of the Developer's policies with regard to eviction and property management. Temporary Relocation Benefits All residential occupants to be temporarily relocated will be eligible to receive a fixed payment for moving and related expenses. Each one-bedroom household will receive a fixed payment of $625 for the move into a temporary unit on-site as well as$625 for the move back into a rehabilitated unit. The tenants will only be responsible for the utilities in the unit in which they are residing during any phase of the project. Utility or phone transfer fees are included in the fixed moving payment. There is no anticipated need for rental assistance payments, because the tenants will be housed on the Project site during the temporary move phase. They will pay the same rental rates for their temporary units as they are paying in their current units. J. PAYMENT OF RELOCATION BENEFITS Relocation benefit payments will be made expeditiously by the Developer. Claims and supporting documentation for relocation benefits must be filed with the Developer within eighteen (18) months from the date the claimant moves from the Project site. Procedures for preparing and filing of claims and processing and delivering of payments are attached as Attachment 6. Relocation staff will inspect any replacement units to verify that they meet all the standards of decent, safe, and sanitary as defined in Section 24.2 (a) (8) of the Uniform Act. No household will be entitled to a rental assistance or replacement housing payment, if it chooses to move to a replacement unit which does not meet the standards of decent, safe, and sanitary housing. K. EVICTION POLICY The Developer recognizes that eviction is permissible only as a last resort and that relocation records must be documented to reflect the specific circumstances surrounding any eviction. 1. Eviction will cause the forfeiture of a displacee's right to relocation assistance or benefits. Relocation records will be documented to reflect the specific circumstances surrounding any eviction action. 2. Eviction may be undertaken for one, or more of the following reasons: Overland, Pacific & Cutler, Inc. 80B-65 (a) Failure to pay rent, except in those cases where the failure to pay 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 ofNotice; (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. L. APPEALS POLICY The appeals policy will follow the standards described in section 24.10 of the Uniform Act. Briefly stated, the displaced household will have the right to ask for review when there is a complaint regarding any of its rights to relocation and relocation assistance, such as a determination as to eligibility, the amount of payment, or the failure to provide a comparable replacement housing referral. The Developer has an appeal's procedure in place, including a reasonable time limit for the filing of an appeal, a prompt written response to any appeal and review of the appeal by a senior Developer staff member or his/her authorized designee, as long as the reviewer was not directly involved in the action appealed. Specific details regarding the appeals policy will be furnished upon request. M. CITIZEN PARTICIPATION As the process for considering the Project moves forward, the Developer will observe the following protocol: Provide affected tenants with full and timely access to documents relevant to the relocation program; 2. Encourage meaningful participation monitoring the relocation assistance occupants, neighborhood groups an relocation committee; in reviewing the relocation plan and program; including the Project area d community organizations forming a Overland, Pacific & Cutler, Inc. ~:~~ = :~. 3. Provide technical assistance necessary to interpret elements of the Relocation Plan and other pertinent materials; 4. Issue a general notice concerning the availability of the Plan for public review, as required, 30 days prior to its proposed adoption; Include written or oral comments concerning the Plan and the Developer's response as an attachment when it is forwarded to the appropriate governmental body for approval. N. IMMIGRATION STATUS Federal legislation (PL105-117) prohibits the payment of relocation assistance benefits under the Uniform Act to any alien not lawfully present in the United States 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. The Developer will authorize the payment of relocation assistance benefits to alien residents from non-federally authorized reimbursable funds. In order to track and account for relocation assistance and benefit payments, relocation staff will be required to seek immigration status information from each displacee 18 years and older by having them self-certify as to their legal status. If 104(d) rules apply to a household, based on the procurement of HOME funds for the proposed Project, legal presence in the United States is not required in order to receive eligible relocation assistance and benefits. O. PROJECTED DATE OF DISPLACEMENT All displaced occupants will receive a 90-day notice to vacate before they are required to move. The earliest these notices are expected to be issued is May 2009. P. ESTIMATED RELOCATION COSTS The estimate of total relocation payments for two permanently displaced households and eight temporary relocations, including a 10% contingency, is $32,000. This estimated relocation budget does not include relocation administrative services or provision for any other services necessary for the implementation of the Plan and Project. Overland, Pacific & Cutler, Inc. 80B-67 TABLE OF ATTACHMENTS Attachment 1: Project Site Maps Attachment 2: Demographics of the Project Area Attachment 3: Residential Informational Brochures -Uniform Act and 104(d) Attachment 4: Fixed Moving Payment Schedule Attachment 5: HUD Income Limits -Orange County Attachment 6: Relocation Payment Policy Regarding Procedures for Payment of Relocation Claims Overland, Pacific & Cutler, Inc. ~~~~ ~ ~i~ ATTACHMENT 1: PROJECT SITE MAPS Figure 1: Regional Project Setting ;_ _. ~ - ~_ ~ ~ - ~` + ~~rucenea I ~ ` .~.- ~`~-- - o, ,..r~~ i t ,v ,,y ' ?fie ~ _. YV .~~, ~ .~5"" Rsi i 4' ~ $ ~q~1 P4R._ r~ ~ q ~ - Lps. _ K~t_ele Ave t ~7~ 7 E 1 _ ~~ ~ ~ ~ I - __ r ~ Rzr ' • ~~ uaon ova ~ ~ ! I .. X55, `` sn~rnrkoa,l ~~ .__Nb Ayq sler QhM I~~ ~ ,. r ~ -- ~ ~ _',~~`~;. •,. Thy, . ",~ ~. Orlfery PAlk ~~~ Ave ~ ~ ~ '. ;~. ]a1; dif ~ r - c\ ~ ~! i ~ rr~ ~ ~ v ~ n __. ~ i ,a -. __ 1 `~ s RMervO ~ , ~.~' i- f ~Nln~l --tk fµ~t ~~ F 1 i , ~l a A/ ~ iaa r aer¢~ i a ~~ ~r'~' ~ 1', ~~ lako Fof ~ ~t°'~~ ~~-~~ ~*~ ~- ~ 1 Co ri ht®2005 Microsoft Cor andlor its su Hers All Ms r ervetl. _ - Figure 2: Project Site Location = K - ~ V, ~ S ~. V ~ w wiuits sc Raymar St _.. Mang Si a' m >, .'-' AIR S Rett St. Srts Ane~ CA 927M~ a nia Ysta Aw ~ Sanq.Mi -g-1 ¢3 -- Highland-SY S. N W Wisteria pi h m~ ¢' Overland, Pacific & Cutler, Inc. 80B-69 ATTACHMENT 2: DEMOGRAPHICS OF THE PROJECT AREA According to the 2000 U.S. Census, the population of the City of Santa Ana is 337,977 and the population of the impacted Census Tract 748.06Block 1006 is 1,641 (see Table 1). Corresponding Census data concerning the housing mix is shown in Table 2. TABLE 1:2000 Census Po ulation - Ci of Santa Ana & Im acted Tract Population Tract 748.06 1006 % City Total Po ulation 1,641 100.0% 337,977 100.0% White 430 26.2% 144,425 42.7% Black or African American 21 1.3% 5,749 1.7% American Indian or Alaska Native 14 0.97% 4,013 1.2% Asian 16 1.0% 29,778 8.8% Native Hawaiian or Other Pacific Islander 0 0.0% 1,160 0.3% Some Other Race 1,075 65.5% 137,360 40.6% Two or More Races 85 5.2% 15,492 4.6% His anic or Latino (of Any Race) 1,591 97.0% 257,097 76.1% Source: U.S. Census Bureau, QT-PL. Race, Hispanic or Latino, and Age: 2000 TABLE 2: 2000 Census Housin Units - Ci of Santa A na & Im acted Tract Type Tract 748.06 1006 % City Total Occu ied Units 264 100% 73,002 97.9% Owner-Occu ied 2 0.8% 36,005 49.3% Renter-Occu ied 262 99.2% 36,997 50.7% Vacant Housin Units 0 0.0% 1,586 2.1% Available for Sale Only (of Total Vacant Units) 0 0.0% 292 18.4% Available for Rent -Full Time Occu anc of Total Vacant Units 0 0.0% 700 44.1% Sold or Rented -Not Occu ied 0 0.0% 109 6.9% Otherwise Not Available (e.g. seasonal, recreational, mi rato ,occasional use) 0 0.0% 102 6.4% Other Vacant 0 0.0% 383 24.1% Source: U.S. Census Bureau, QT-H1. General Housing Characteristics: 2000 80B-70 ATTACHMENT 3: INFORMATIONAL STATEMENTS -URA & 104(D) RelQeation Assis#ance informational Sta~emsnt _ for Families and in~~uidal (Federal) Displacing Agency: C&C Development Co. and Orange Housing Development Corporation Project Name: Raitt Apartments Project Displacing Agency Representative: Overland, Pacific 8~ Cutler, Inc. 10 Hughes, A207 Irvine, CA 92618 Phone: (800) 901-5263 Informational Statement Content: 1. Generallnformation 2. Assistance In Locating A Replacement Dwelling 3. Moving Benefits 4. Replacement Housing Payment -Tenants And Certain Others 5. Section 8 Tenants 6. Replacement Housing Payment -Homeowners 7. Qualification For And Filing Of Relocation Claims 8. Last Resort Housing Assistance 9. Rental Agreement 10. Evictions 11. Appeal Procedures -Grievance 12. Tax Status of Relocation Benefits 13. Legal Presence Requirement 14. Non-Discrimination and Fair Housing 15. Additional Information And Assistance Available 'speaking ~ aro axailable. & r~eceaita sate informaci6n en eapa0,o1, Poc favor Name a as , repreaentante. 80B-71 Informational Statement for Families and Individuals ._~ 1=ederalj 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. W e suggest you save this informational statement for reference. The Displacing Agency has retained the professional firm of Overland, Pacific & Cutler, Inc. (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 Overland, Pacific & Cutler, Inc., so you will 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 you 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 consultant will carry out an inspection and advise you as to whether the dwelling unit meets decent, safe and sanitary housing requirements. A decent, safe and sanitary housing unit provides adequate space for its occupants, proper weatherproofing and sound heating, electrical and plumbing systems. Your new 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 80B-72 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 and 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 that 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 not you own your own furniture. The payment is based upon a schedule approved by the Displacing Agency, and ranges, for example, from $400.00 for one furnished room to $2,150.00 for eight rooms in an unfurnished dwelling. (For details see the table). Your relocation representative 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, Scht~ CALIFORNIA (~ff~ctiv~e 2008 Occupant owns furniture: 1 room $625 2 rooms $800 3 rooms $1,000 4 rooms $1,175 5 rooms $1,425 6 rooms $1,650 7 rooms $1,900 8 rooms $2,150 Each additional room $225 Occupant does NOT own furniture: 1 room $400 Each additional room $65 and the Displacing Agency will assume no liability for any loss or damage of your personal property. A fixed payment also includes utility hook-up, credit check 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 representative 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 $5,250.00 to assist in renting or purchasing a comparable replacement dwelling. In order to qualify, you must either be a tenant who has occupied the present dwelling for at least 90 days immediately prior to the initiation of negotiations or an owner who has occupied the present dwelling between 90 and 180 days immediately prior to the initiation of negotiations. 80B-73 A. Rental Assistance. If you wish to rent your replacement dwelling, your maximum rental assistance benefits will be based upon the difference over aforty-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 required to provide your relocation representative 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 representative will clarify procedures necessary to apply for this payment. 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 representative will provide counseling and other advisory services along with moving benefits. 6. REPLACEMENT HOUSING PAYMENT -HOMEOWNERS A. If you own and occupy a dwelling to be purchased by the Displacing Agency for at least 180 days prior to the initiation of negotiation, you may be eligible to receive a payment of up to $22,500.00 to assist you in purchasing a comparable replacement unit. This payment is intended to cover the following items: 1. Purchase Price Differential - An amount which, when added to the amount for which the Displacing Agency purchased your property, equals the lesser of the actual cost of your replacement dwelling; or the amount determined by the Displacing Agency as necessary to purchase a comparable replacement dwelling. Your relocation representative will explain both methods to you. 2. Mortgage Interest Differential -The amount which covers the increased interest costs, if any, required to finance a replacement dwelling. Your relocation representative will explain limiting conditions. 3. Incidental Expenses -Those one time incidental costs related to purchasing a replacement unit, such as escrow fees, recording fees, and credit report fees. Recurring expenses such as prepaid taxes and insurance premiums are not compensable. B. Rental Assistance Option - If you are an owner-occupant and choose to rent rather than purchase a replacement dwelling, you may be eligible for a rental assistance payment of up to the amount that you could have received under the Purchase Price Differential, explained above. The payment will be based on the difference between the fair market 80B-74 rent of the dwelling you occupy and the rent you must pay for a comparable replacement dwelling. If you receive a rental assistance payment, as described above, and later decide to purchase a replacement dwelling, you may apply for a payment equal to the amount you would have received if you had initially purchased a comparable replacement dwelling, less the amount you have already received as a rental assistance payment. 7 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. 8. 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 replacement dwelling on a timely basis. Last Resort Housing assistance is based on the individual circumstances of the displaced person. Your relocation representative 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 replacement 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. 9. 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, where they are to be paid and other pertinent information. 10. EVICTIONS 80B-75 Eviction for cause must conform to applicable State and local law. Any person who occupies the real property and is not in unlawful occupancy on the date of initiation of negotiations, is presumed to be entitled 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 occupying 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. 11. APPEAL PROCEDURES -GRIEVANCE Any person aggrieved by a determination as to eligibility for a relocation payment, or the amount of a payment, may have the claim reviewed or reconsidered in accordance with the Displacing Agency's appeals procedure. Complete details on appeal procedures are available upon request from the Displacing Agency. 12. 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 O1) 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 be 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 (including 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 herein) 13. 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 information 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 and extremely unusual hardship is defined as significant and demonstrable adverse 80B-76 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. 14. 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 other 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. 15. 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 representative at Overland, Pacific & Cutler. 80B-77 Retocalt~o~ /~SS#snC ~nformationa! Sta~ternent For ~amiti~s and lndiv~cluals (Federal -Section 104(d)) Displacing AQencv: C&C Development Agency Co. and Orange Development Corporation Proiect Name: Raiff Apartments Project Displacing AQencv Representative: Overland, Pacific 8~ Cutler, Inc. 10 Hughes, A207 Irvine, CA 92618 Phone: (800) 901-5263 Informational Statement Content: 1. Generallnformation 2. Assistance In Locating A Replacement Dwelling 3. Moving Benefits 4. Replacement Housing Payment 5. Current Housing Choice Voucher Tenants 6. Qualification For And Filing Of Relocation Claims 7. Rental Agreement 8. Evictions 9. Appeal Procedures -Grievance 10. Tax Status of Relocation Benefits 11. Lawful Presence Requirement 12. Non-Discrimination and Fair Housing 13. Additional Information And Assistance Available Spanish speaking repres~tativea are available. Si necesita eats infom~i6n ~- espaaol, pot favor ll~ne a su rePresentante. 80B-78 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 Overland, Pacific & Cutler, Inc. (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 Overland, Pacific & Cutler, Inc., so you will 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 you may be entitled to receive. Once the Displacing Agency acquires the property, you will also be required to pay rent to the Displacing Agency. This brochure describes the relocation payments and other relocation assistance provided under section 104(d) of the Housing and Community Development Act of 1974 (section 104(d)) to eligible persons displaced from their homes. Persons eligible for assistance have the option of declining the section 104(d) assistance and receiving assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), if they decide that it is in their best interest. To be eligible for relocation assistance under section 104(d), you must be alower-income person (family or individual) and must move as a direct result of the "conversion" or demolition of your dwelling unit for a project in which Federal Community Development Block Grant (CDBG), Section 108 Loan Guarantee, or HOME Investment Partnerships funds are used. "Lower-income" means that your income does not exceed 80% of the median income for the area as established by the U.S. Department of Housing and Urban Development (HUD). Generally, "conversion" means that before the project, your unit had a "market rent" at or below the HUD Fair Market Rent (FMR) standard, and, after the project, the market rent exceeds the FMR, or the unit was converted to a nonresidential use. HUD determines the FMRs for use in its programs. The levels vary by metropolitan area and by the size of the unit. 80B-79 The Displacing Agency will determine whether you qualify as alower-income person and if your home will be demolished or "converted." If you do not qualify for section 104(d) assistance, you may be eligible for relocation assistance under the URA. 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 consultant will carry out an inspection and advise you as to whether the dwelling unit meets decent, safe and sanitary housing requirements. A decent, safe and sanitary housing unit provides adequate space for its occupants, proper weatherproofing and sound heating, electrical and plumbing systems. Your new 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 and Related Expenses based on at least two written estimates and receipted bills; or A combination of both (in some cases); and • Other Moving Expenses depending on program requirements 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 that 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. Fixed Moving Sched A. Fixed Moving Payment (Self Move) CALIFORNIA (E~ective 2(10$) A Fixed Moving Payment is based upon the Occupant Owns Furniture: number of rooms you occupy and whether or 1 room $625 not you own your own furniture. The payment 2 rooms $800 is based upon a schedule approved by the 3 rooms $1,000 Displacing Agency, and ranges, for example, 4 rooms $1,175 from $400.00 for one furnished room to 5 rooms $1,425 $2,150.00 for eight rooms in an unfurnished 6 rooms $1,650 dwelling. (For details see the table). Your 7 rooms $1,900 relocation representative will inform you of the grooms $2,150 amount you are eligible to receive, if you Each additional room $225 choose this type of payment. If you select a Occupant Does NOT Own fixed payment, you will be responsible for Furniture: arranging for your own move, and the 1 room $400 Displacing Agency will assume no liability for Each additional room $65 any loss or damage of your personal property. A fixed payment also includes utility hook-up and other related moving fees. C. 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 representative 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. C. Other Moving Expenses Under the Section 104(d) program, payment of a security deposit required to rent a replacement dwelling and any credit check required to rent or purchase a replacement unit are eligible expenses. Also, interim living costs, when required as a result of the planned relocation program are eligible. 4. REPLACEMENT HOUSING PAYMENT You may be eligible for a payment to assist in renting or purchasing a comparable replacement dwelling. If so, you may choose assistance under section 104(d) or under the URA. For most lower-income tenants, the amount of assistance provided under section 104(d) is greater. A. Section 104(d) Rental Assistance If you are eligible, you will receive assistance based on estimated needs for a period of 60 months. The Agency may offer you that assistance in cash or under the Housing Choice Voucher (HCV) Program. The Agency will tell you which option it is providing to you. • Cash Rental Assistance. A household's "need" for rental assistance is computed by subtracting the highest of the following calculations from the rent and estimated average monthly utility costs for your new home (or a comparable replacement home, if that cost is lower): 1. 30 percent of the household's monthly adjusted income, 2. 10 percent of the household's monthly gross income, or 3. The welfare rent allowance (where designated). That monthly need, if any, is multiplied by 60, to determine the total amount that you will receive. This amount will be paid directly to you in monthly installments or other periodic payments. Example: Let's say that your family's adjusted monthly income is $600, and the monthly rent and estimated average utility costs for the comparable replacement home to which you move are $350. In this case, your monthly need would be $170 [$350 - $180 (30 percent of $600)]. Multiplying this amount by 60 results in $10,200 of rental assistance. • Housing Choice Voucher (HCV) (section 104(d)). You may be offered a HCV. If so, you will also be referred to comparable replacement homes where the owner will accept the voucher. If the rent and estimated average monthly utility costs for both the 80B-81 comparable replacement home and the unit to which you relocate exceed the voucher "payment standard," you will qualify for cash assistance to cover the gap for 60 months. Advantages of HCV Assistance. The HCV assistance may continue for as long as you have a need. Unlike cash assistance, HCV assistance is recomputed each year to reflect changes in your income, rent or the cost of utilities. While cash assistance will terminate at the end of 60 months, HCV assistance may continue to be available after the 60-month period ends if you still qualify as slower-income person. B. URA Rental Assistance URA rental assistance is computed by subtracting the "base monthly rent" for your present home from the rent and average monthly cost of utilities for your new home (or a comparable replacement home, if that cost is lower). That monthly need, if any, is multiplied by 42, to determine the total amount that you will receive. This amount will be paid directly to you in monthly installments or other periodic payments. Generally, the base monthly rent for your present home is the lesser o£ (1) the monthly rent and average monthly cost for utilities, or (2) thirty (30) percent of your gross monthly household income (if you are low-income based on I-IUD income limits). Examples: Let's say that the monthly rent and average cost for utilities for your present home are $250; the monthly rent and estimated average utility costs for a comparable replacement home are $350; and your monthly gross income is $700. In this case, your "base monthly rent" would be $210 because you are low-income and that amount (30 percent of your income) is less than the monthly cost of rent and utilities at your present home ($250). If you rent a replacement home for $360 per month, including estimated average monthly utility charges, you will receive $5,880. That amount is 42 times $140 (the difference between the "base monthly rent" for your present home ($210) and the cost for a comparable replacement home ($350)). • If you rent a replacement home for $310, including estimated average monthly utility charges, you will receive $4,200. That amount is 42 times $100 (the difference between the "base monthly rent" for your present home ($210) and the actual cost of your new home ($310)). C. Purchase Assistance If you buy, rather than rent, a replacement home, you may be eligible for assistance to make a down payment. The amount depends on the type of housing that you buy. Section 104(d) purchase assistance is limited to mutual housing and cooperative housing. If you wish to purchase a house that is not mutual or cooperative housing, your purchase assistance would be provided under the URA. 80B-82 Section 104(d) Purchase Assistance. If you buy a replacement home which is mutual or cooperative housing, you may be eligible for assistance based on the present value of the monthly payments you would receive if you rented a comparable replacement home for 60 months. Remember, the monthly payment is generally determined by subtracting 30 percent of your adjusted income from the monthly rent and estimated average monthly utility costs for a comparable replacement home. Example: Assuming the information in the prior section 104(d) example and a 4 percent return on passbook savings, the purchase assistance would be $9,231. Remember, your net monthly contribution is $180, and the monthly rent and estimated average monthly cost of utilities for a comparable replacement home total $350. The monthly difference is $170. The present value of 60 monthly payments of $170, discounted at 4 percent, is $9,231. The full amount of the payment must be applied to the purchase of the mutual or cooperative housing that you buy. URA Purchase Assistance for Renters. URA assistance to make a down payment is equal to the amount you would receive if you had rented a comparable replacement home (42 times the amount obtained by subtracting the "base monthly rent" for your present home from the monthly rent and estimated average monthly cost of utilities for a comparable replacement home). Remember, URA assistance is not limited to mutual housing or cooperatives. Example: Assuming the information in the prior URA examples, the assistance for a down payment would be $5,880. That amount is 42 times $140 (the difference between the "base monthly rent" for your present home ($210) and the monthly rent and estimated average monthly utility costs for a comparable replacement home ($350)). The full amount of the payment must be applied to the purchase of your new home. 5. CURRENT HOUSING CHOICE VOUCHER TENANTS If you are currently using a Housing Choice Voucher (HCV), when you do move, you may be eligible to transfer your HCV 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 representative will provide counseling and other advisory services along with moving benefits. If the rent and estimated average monthly utility costs for both the comparable replacement home and the unit to which you relocate exceed the voucher "payment standard," you will qualify for cash assistance to cover the gap based on the assistance option chosen (URA or Section 104(d)). 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: 80B-83 • 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. 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, where they are to be paid and other pertinent information. 8. EVICTIONS Eviction for cause must conform to applicable State and local law. Any person who occupies the real property and is not in unlawful occupancy on the date of initiation of negotiations, is presumed to be entitled 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 occupying 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. 9. APPEAL PROCEDURES -GRIEVANCE Any person aggrieved by a determination as to eligibility for a relocation payment, or the amount of a payment, may have the claim reviewed or reconsidered in accordance with the Displacing Agency's appeals procedure. Complete details on appeal procedures are available upon request from the Displacing Agency. 10. 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 O1) of Division 2 of the Revenue and Taxation Code, or the Bank and 80B-84 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 be 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 (including 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 herein) 11. LAWFUL PRESENCE REQUIREMENT In order to be eligible to receive relocation benefits in federally-funded relocation projects under URA, 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 information 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 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 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. (Section 104(d) is not subject to this requirement.) 12. 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 other 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. 13. 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 representative at Overland, Pacific & Cutler. 80B-85 ATTACHMENT 4: Schedule of Fined Moving Payments (effective as of 8-22-08) Unfurnished Dwelling One room $625 Two rooms $800 Three rooms $1,000 Four rooms $1,175 Five rooms $1,425 Six rooms $1,650 Seven rooms $1,900 Eight rooms $2,150 each additional room $225 Furnished Dwelling First Room $400 Each additional room $65 ~:~i : :~: ATTACHMENT 5: 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 Me~iga~` Family Size Extremely Low Very Low Lower 1 Person 19,550 32,550 52,100 2 Person 22,300 37,200 59,500 3 Person 25,100 41,850 66,950 4 Person 27,900 46,500 74,400 5 Person 30,150 50,200 80,350 6 Person 32,350 53,950 86,300 7 Person 34,600 57,650 92,250 8 Person 36,850 61,400 98,200 Figures are per the Department of Housing and Urban Development (California), February 19, 2008. 80B-87 ATTACHMENT 6: RELOCATION PAYMENT POLICY REGARDING PROCEDURES FOR PAYMENT OF RELOCATION CLAIMS Claims and supporting documentation for relocation benefits must be filed with the Developer within eighteen (18) months from the date the claimant moves from the Project site. 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. Assistance amounts will be determined in accordance with the provisions of the Uniform Act or section 104(d) guidelines, as applicable. 3. Required claim forms will be prepared by relocation personnel in conjunction with claimant(s). Signed claims and supporting documentation will be submitted by relocation personnel to the Developer. 4. The Developer will review and approve claims for payment or request additional information. 5. The Developer will issue benefit checks which will be delivered to the Claimants by relocation staff, unless circumstances dictate otherwise. 6. Final payments will be issued after confirmation that the Project area premises have been completely vacated and actual residency at replacement unit is verified. 7. Receipts of payment will be obtained and maintained in the relocation case file. REPLACEMENT HOUSING PLAN Statement of Pumose and Obiective This Replacement Housing Plan is prepared in accordance with California Health and Safety Code Section 33413 and Section 104(d) of the federal Housing and Community Development Act of 2004. This project consists of the acquisition, rehabilitation, and minor configuration of one apartment building. The reconfiguration will result in the removal of the following multifamily residential units: 702 S. Raitt units 7 and 8. These units are all one bedroom in size, and are occupied by low- and moderate-income households. Therefore they are subject to replacement in accordance with the legal requirements of the California Community Redevelopment Law (Health and Safety Code Section 33413 et seq.). Replacement units will initially be made available for occupancy at any time during the period one year before the Agency's submission of the information required under the plan and ending three years after commencement of reconfiguration. Before entering into a contract committing the Community Redevelopment Agency of the City of Santa Ana to provide funds for the proposed activity that will result in removal of units from the low- and moderate-income housing market the Agency will make public by publication in a newspaper of general circulation the information listed below. Project Property Description The affected property is shown on the map attached as Attachment 1. Each property is listed by address with parcel number and number of bedrooms in Attachment 2. Pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33413 et seq.) all occupied and vacant occupiable units will be replaced in kind. Replacement Housin Units Attachment 3 delineates by number of bedrooms the location where the replacement units are or will be located. Income Level of Replacement Units The replacement dwelling units will be affordable and occupied exclusively by tenants with the same income levels as the persons displaced from the dwelling units that are being removed from the low-, very low- and moderate-income housing market. Therefore, all units will be made affordable to low-, very low- and moderate-income households. Funding Sources The Agency and the City of Santa Ana have committed sufficient Tax Increment funds to finance the acquisition and demolition and the required replacement units. Low/Moderate Income Assurance All agreements related to replacement housing units will contain a covenant guaranteeing units remain available at affordable housing cost to, and occupied by, person and families of low-, very low- and Exhibit 5 moderate-income for not less than 55 years for rental units and 45 years for homeownership units, as required by the Health and Safety Code Section 33413. Article 34 Compliance The replacement housing to be provided pursuant to this Replacement Housing plan does not require the approval of the voters pursuant to Article 34 of the California Constitution, in that all of the replacement housing units fall within exceptions to the definition of "low-rent housing project" in California Health and Safety Code 37001. Availability of Plan In accordance with the Community Redevelopment Law, a copy of this Replacement Housing Plan will be made available for review and comment by other public agencies and the general public during regular business hours between 8:00 a.m. and 5:00 p.m., Monday through Friday in the offices of the Housing Department, 20 Civic Center Plaza, 3Td Floor, Community Redevelopment Agency, 20 Civic Center Plaza, 6`" Floor, and in the office of the City Clerk, 20 Civic Center Plaza, 8`" Floor, Santa Ana, California. Exhibit 5 RAYMAR STREET f- W ~ W W ~ W ~ W ~ ~j W H N O Z N RICHLAND ST. ~, z N 0 0 MONTA VISTA AVENUE H W ~ • ~ HIGHLAND ST. N z Z WISTERIA PL. O Q 702 South Raitt Street Attachment 1 80B-91 LIST OF UNITS TO BE REMOVED A.P.N. Address Removal Date Bedrooms Use 109-611-01 702 South Raitt, Unit 7 2009 One Multifamily Dwelling Unit 109-611-01 702 South Raitt, Unit 8 2009 One Multifamily Dwelling Unit Attachment 2 80B-92 LIST OF PROJECTED REPLACEMENT UNITS Parcel to Replace Address of Replacement Replacement APN Bedrooms Date Available 702 S. Raitt, Unit 7 834 S. Raitt 109-611-12 1 2009 702 S. Raitt, Unit 8 834 S. Raitt 109-611-12 1 2009 Attachment 3 80B-93 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS BY THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA FOR THE PURPOSE OF FINANCING THE ACQUISITION AND REHABILITATION OF MULTI-FAMILY RENTAL HOUSING BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Housing Authority of the City of Santa Ana (the "Authority") is authorized by Chapter 1 of Part 2 of Division 24 (commencing with Section 34200) of the Health and Safety Code of the State of California (the "Law"), to issue and sell revenue bonds for the purpose of financing the acquisition, construction, rehabilitation and development of multifamily rental housing for families and individuals of low and very low income. B. Orange Housing Development Corporation, a California nonprofit public benefit corporation, on behalf of Lacy & Raitt, L.P., a California limited partnership, or such other limited partnership or a limited liability company to be formed by Orange Housing Development Corporation, has requested the Authority to issue and sell revenue bonds in an expected principal amount of $4,500,000 (the "Bonds") pursuant to the procedures specified in the Law for the purpose of providing financing for the acquisition and rehabilitation of 38-units of multifamily rental housing located at 703 N. Lacy Street and 702 S. Raitt Street in the City of Santa Ana, California (the "Project"), located within the area of operation of the Authority. C. The Bonds will be considered to be "qualified exempt facility bonds" under Section 142 (a) of the Internal Revenue Code of 1986, as amended (the "Code"), and Section 147(f) of the Code requires that the "applicable elected representatives" with respect to the Authority hold a public hearing with respect to the issuance of the Bonds. D. The Authority has determined that the City Council of the City of Santa Ana is the "applicable elected representatives" to hold said public hearing. E. Notice of said public hearing has been duly given as required by the Code, and this City Council has held such public hearing at which all interested persons were given an opportunity to be heard on all matters relative to the financing and operation of the Project and the Authority's issuance of the Bonds. F. The Project is located wholly within the geographic jurisdiction of the City. 80B-94 G. The City Council of the City of Santa Ana, as the "applicable elected representative" of the Authority, approves of the issuance of the Bonds as in the public interests of the Authority. Section 2. The City Council hereby finds and determines that the foregoing recitals are true and correct. Section 3. Pursuant to the Code, the City Council hereby approves the issuance of the Bonds by the Authority to finance the Project. It is the purpose and intent of this City Council that this resolution constitute approval of the issuance of the Bonds by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with the Code. Section 4. The issuance of the Bonds shall be subject to approval by the Authority of all financing documents relating thereto to which the Authority is a party and subject to the sale of the Bonds by the Authority to the underwriter thereof. Section 5. This resolution shall take effect immediately. 2 80B-95 ADOPTED this day of APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2009. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2009- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 3 80B-96 12/19/08 les RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE RELOCATION PLAN FOR RESIDENTIAL PROPERTY LOCATED AT 703 N. LACY STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1: The City Council of the City of Santa Ana ("Council") hereby finds, determines and declares as follows: A. The Community Redevelopment Agency ("Agency") is assisting Lacy & Raitt, L.P. with the acquisition and rehabilitation of real property located at 703 N. Lacy Street in the City of Santa Ana ("the Property"). B. The Property is comprised of one apartment complex. The building at 703 N. Lacy Street currently has twenty seven (27) units. The building will be rehabilitated, but there will be no reconfiguration of units. Occupancy shall be restricted to households with annual incomes at or below 50 percent of area median income. C. Pursuant to California Government Code section 7260, et seq., a public entity is required to adopt a relocation plan, by resolution, whenever it enters into an agreement for acquisition of real property or an agreement for the disposition and development of property which would lead to displacement of people from their homes. D. The relocation plan has been prepared in conformance with applicable provisions of the California Government Code section 7260, et seq., Relocation Guidelines (California Code of Regulations, Title 25, Chapter 6), the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as well United States Department of Housing and Urban Development regulations. E. The relocation plan is required because of the displacement of four households which will be displaced due to the income restrictions imposed by the Low Income Housing Tax Credit Program. Section 2: In accordance with the California Environmental Quality Act and the National Environmental Policy Act, the proposed project is exempt from further review. Categorical Exemption No. ER 2008-236 will be filed for this project. Resolution No. 2009- 806-97 12/19/08 les Section 3: The City Council hereby approves the relocation plan for the residential Property located at the aforementioned address, and the establishment of an account in accordance with state mandates for the payment of relocation benefits to the displaced households. Section 4: This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Resolution No. 2009-_ 80B-98 12/19/08 les ADOPTED this day of , 2009. Miguel Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2009- to be the original resolution adopted by the City Council of the City of Santa Ana on , 2009. Date: Clerk of the Council City of Santa Ana Resolution No. 2009- 806-99 12/19/08 les RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE RELOCATION PLANS FOR RESIDENTIAL PROPERTY LOCATED AT 702 S. RAITT STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1: The City Council of the City of Santa Ana ("Council") hereby finds, determines and declares as follows: A. The Community Redevelopment Agency ("Agency") is assisting Lacy & Raitt, L.P. with the acquisition and rehabilitation of real property located at 702 S. Raitt Street in the City of Santa Ana ("the Property"). B. The Property is comprised of an apartment complex. The building at 702 S. Raitt Street currently has ten (10) one-bedroom units. The building will be rehabilitated and reconfigured so that there will be 8 units with a mix of 1, 2, and 3, bedroom sizes, with occupancy restricted to households with annual incomes at or below 50 percent of area median income. C. Pursuant to California Government Code section 7260, et seq., a public entity is required to adopt a relocation plan, by resolution, whenever it enters into an agreement for acquisition of real property or an agreement for the disposition and development of property which would lead to displacement of people from their homes. D. The relocation plan has been prepared in conformance with applicable provisions of the California Government Code section 7260, et seq., Relocation Guidelines (California Code of Regulations, Title 25, Chapter 6), the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as well United States Department of Housing and Urban Development regulations. E. The relocation plan is required because of the displacement of two households due to the reduction in the number of units after the rehabilitation and reconfiguration to larger units. Section 2: In accordance with the California Environmental Quality Act and the National Environmental Policy Act, the proposed project is exempt from further review. Categorical Exemption No. ER 2008-221wi11 be filed for this project. Resolution No. 2009-_ 80B-100 12/19/08 les Section 3: The City Council hereby approves the relocation plan for the residential Property located at the aforementioned address, and the establishment of an account in accordance with state mandates for the payment of relocation benefits to the displaced households. Section 4: This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Resolution No. 2009- 806-101 12/19/08 les ADOPTED this day of 2009. Miguel Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAI N NOT PRESENT Councilmembers: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2009- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2009- 806-102