HomeMy WebLinkAboutR22-Economic Development Agency
CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
FROM: Emil A. Marzullo
Interim Executive Director
SUBJECT:
Public Hearing - Lugo Senior Apartments, LLC
Relocation Plan
DATE: April 20, 2011
Synopsis of Previous Commission/Council/Committee Action(s):
"
On March 10,2011, Redevelopment Committee Members Johnson, Marquez and Brinker unanimously voted to recommend that
the Community Development Commission consider this action for approval.
Recommended Motion(s):
Open/Close Public Hearing
(Communitv Development Commission)
Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the
Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to adopt the
Relocation Housing Plan for Lugo Senior Apartments, LLC and appropriate funds for the implementation of the
Relocation Housing Plan
Contact Person(s):
Carey K. Jenkins
Phone:
(909) 663-1044
Project Area(s):
IVDA Redevelopment Project Area
Ward(s):
7
Supporting Data Attached:
0' Staff Report 0' Resolution(s) 0' Relocation Housing Plan 0 Agreement(s)/Contract(s)
o Map(s) 0 Letter(s)
FUNDING REQUIREMENTS:
Amount: $ 957,000
Source:
Low Moderate Income Housing Fund
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"', _--:
Signature: A .
Emil A. 1110. In . xecutive Directo'
Budget Authority:
Commission/Council Notes:
P:\Agend.s\Comm Dev Commission\CDC 2011\05-02-11 Lugo Senior Apartments - Reloc.tion PI.n SR.doc
COMMISSION MEETING AGENDA
Meeting Date: 05/02/2011
Agenda Item Number: Je-LZ-
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
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PUBLIC HEARING - LUGO SENIOR APARTMENTS, LLC RELOCATION PLAN
BACKGROUND:
On November 22, 2010, the Community Development Commission of the City of San Bernardino
("Commission") authorized the Interim Executive Director of the Redevelopment Agency of the City
of San Bernardino ("Agency") to execute an Acquisition and Development Residual Receipts Loan
Agreement by and between the Agency and Lugo Senior Apartments, LLC (IVDA Redevelopment
Project Area - Affordable Senior Citizen Rental Housing Development), for the purpose of facilitating
the purchase and rehabilitation of a 120-unit apartment complex. The complex is a priority for the
Agency as a result of the blighting effects the current apartment is having on the immediate area. The
project under consideration consists of the major rehabilitation of the 120-unit Lugo Apartments
located at 839 Lugo Avenue (the "Project"). Ultimately, the property will be transformed into a 119-
unit seniors-only community.
The loan agreement calls for Meta Housing ("Developer") to adhere to certain state guidelines related
to affordable housing development. One requirement is to justly compensate all eligible displacees of
the apartment complex. To accomplish this goal, the Developer has contracted with Overland Pacific
& Cutler ("OPC") for the preparation of the relocation plan for the Project and to conduct all relocation
activities. Since the Commission's approval, on November 22, 2010, OPC has worked diligently
interviewing the tenants and assessing their relocation needs in order to prepare the draft Relocation
Plan.
As the Project site will be used for senior housing, existing non-senior tenants (those under 62 years of
age) must be relocated. State Relocation Law ("Relocation Law") requires that prior to displacement
of any resident as a result of redevelopment activities that a Relocation Plan be prepared in order to
assess the relocation and housing needs of those being displaced. Further, the Relocation Law states
that the Agency will provide relocation assistance and certain benefits to any displaced resident.
Relocation benefits will be provided in accordance with the provisions of the California Relocation
Assistance Law. Benefits will be paid to eligible displaced persons upon submission of required claim
forms and documentation in accordance with the City of San Bernardino's ("City") guidelines and
procedures. Specific eligibility requirements and benefit plans will be detailed on an individual basis
with all displacees. In the course of personal interviews and follow-up visits, each displacee will be
counseled as to available options and the consequences of any choice with respect to financial
assistance.
CURRENT ISSUE:
Overland Pacific & Cutler completed the attached draft Relocation Housing Plan for review and
comment. The Plan has been prepared and relocation assistance will be provided in accordance with
the standards and provisions of the State of California Relocation Law, Government Code Section
7260, et seq., and Title 25, Chapter 6, Relocation Assistance and Real Property Acquisition, as
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P:lAgendas\Comm Dev Commission\CDC 2011\05-02-11 Lugo Senior Apartments - Relocation Plan SR.dnc
COMMISSION MEETING AGENDA
Meeting Date: 05/02/2011
Agenda Item Number:
Economic Development Agency Staff Report
Relocation Housing Plan- Lugo Senior Apartments, LLe
Page 2
amended January 1, 1998. Pursuant to Section 6038 of Chapter 6, a 30-day public review period is
required prior to consideration ofthe Plan by the Commission and Notice was published for the 30-day
notice period which ended on April 11, 2011.
The existing tenants will be informed that the draft Plan will be available for review at the offices of
the Agency, the apartment complex and other public facilities throughout the City. The total
households to be displaced are estimated to be less than 60. Any comments received on the Plan will
be included as an addendum prior to submission to the Commission for approval.
ENVIRONMENTAL IMP ACT:
No impact under the California Environmental Quality Act ("CEQA"), pursuant to Section 15301.
FISCAL IMPACT:
The estimated total relocation costs are $957,000 and will be funded from the Low and Moderate
Income Housing Fund.
RECOMMENDATION:
That the Community Development Commission adopt the attached Resolution.
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Emil A. Marzullo, Interim xecutive Director
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P:\Agendas\Comm Dev Commission\CDC 2011\05-02-11 Lugo Senior Apartments - Relocation Plan SRdoc
COMMISSION MEETING AGENDA
Meeting Date: 05/02/2011
Agenda Item Number:
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RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO ADOPT
THE RELOCATION HOUSING PLAN FOR LUGO SENIOR APARTMENTS,
LLC AND APPROPRIATE FUNDS FOR THE IMPLEMENTATION OF THE
RELOCATION HOUSING PLAN
WHEREAS, November 22, 2010, the Community Development Commission of the City of
8 San Bernardino ("Commission") authorized the Interim Executive Director of the Redevelopment
9 Agency of the City of San Bernardino ("Agency") to execute an Acquisition and Development
10 Residual Receipts Loan Agreement by and between the Agency and Lugo Senior Apartments, LLC
11 (the "Developer") (IVDA Redevelopment Project Area - Affordable Senior Citizen Rental
12 Housing Development) for the purpose of facilitating the purchase and rehabilitation of a 120-unit
13 apartment complex; and
14 WHEREAS, as of December 2010, the Developer is the owner of 120 unit partially vacant
15 apartment building located at 839 Lugo Avenue (the "Site"); and
16 WHEREAS, the Commission authorized the Agency to make Agency Low- and Moderate-
17 Income Housing Funds ("Low-Mod Funds") available for the purposes of acquiring and
18 developing the 120 severely blighted apartment structure located at the Site; and
19 WHEREAS, 120 apartment units of which 40 are currently occupied and the residents will
20 need to be permanently relocated to allow for future redevelopment of the apartment complex; and
21 WHEREAS, the California Community Redevelopment Law ("CRL") Government Code
22 Section 7260, et seq., and Title 25, Chapter 6, Relocation Assistance and Real Property Acquisition
23 requires that prior to displacement of any resident, a Relocation Plan must be prepared in order to
24 assess the relocation and housing needs of each resident and to quantify relocation benefits in
25 accordance with State and Federal Law; and
26 WHEREAS, on March 11,2011, Overland, Pacific & Cutler ("OPS") informed the tenants
27 at the Site that a draft Relocation Plan was available at the onsite property management office, at
28 the offices of the Agency, the Norman Feldhym Library and the Paul Villasenor Library for a 30-
1
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1 day public review and comment period; and
2 WHEREAS, the Agency has not received any public comments during the review period.
3 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
4 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
5 FOLLOWS:
6
Section 1.
The Commission hereby approves and adopts the Relocation Plan attached
7 hereto and incorporated herein by reference as Exhibits "A" and authorizes the Interim Executive
8 Director of the Agency to proceed with the relocation of the residents residing at the Site pursuant
9 to the Relocation Plan which also authorizes the expenditure from the Low-Mod Funds in the
10 amount of $957,000.
11 Section 2.
12 Commission.
13 III
14 III
15 III
16 III
17 III
18 III
19 III
20 III
21 III
22 III
23 III
24 III
25 III
26 III
27 III
28 III
This Resolution shall take effect from and after its date of adoption by this
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6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO ADOPT
THE RELOCATION HOUSING PLAN FOR LUGO SENIOR APARTMENTS,
LLC AND APPROPRIATE FUNDS FOR THE IMPLEMENTATION OF THE
RELOCATION HOUSING PLAN
7 Development Commission of the City of San Bernardino at a
meeting
, 2011, by the following vote to wit:
Nays
Abstain
Absent
18
19
Secretary
The foregoing Resolution is hereby approved this
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Approved as to Form:
26
27 By: ~d~
28 ~
day of
, 2011.
Patrick J. Morris, Chairperson
Community Development Commission
of the City of San Bernardino
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P:lAgendaslResolutionslResolutions\2011105-02-11 Lugo Senior Apartments - Relocation Plan CDC Reso.doc
RELOCATION PLAN
FOR
LUGO SENIOR APARTMENTS PROJECT
Prepared for:
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
on behalf of
LUGO SENIOR APARTMENTS, LLC
Prepared by:
Overland, Pacific & Cutler, Inc.
3750 Schaufele Ave., Suite 150
Long Beach, CA 90808
(562) 304-2000
January 31, 2011
Relocation Plan for Lugo Senior Apartments Project - San Bernardino, California
~ TABLE OF CONTENTS
I
INTRODUCTION .............................................................................................................. 1
I - PROJECT AREA DESCRIPTION ............................................................................... 3
A. The Regional Location............................................................................................ 3
B. Project Site Location............................................................................................... 3
C. General Demographic & Housing Characteristics.................................................. 4
II - ASSESMENT OF RELOCATION NEEDS ................................................................ 6
A. Survey Method.... ......... ....... ..... ..... ..... ... ....... ..... .............. ... .... .......... ........ ... ...... ... ... 6
B. Field Survey Data....... ....... ........ ............... .......... ..... .................. .......... ..... ...... ........ 6
1. Housing Mix........................................................................................................... 6
2. Project Rents.......................................................................................................... 6
3. Occupancy/Overcrowding. ..... ............. ....... ..... ...... ..... ... ... ........... ........... ............ ... 7
4. Replacement Housing Needs... .......... ............ .............. .............. ........... ..... ............. 7
5. Income ........ ..... ....... ........ ..... ... ............... ... .......... ........ ... ...... .... ..... ..... ..... ... ... .......... 8
6. Ethnicity/Language................................................................................................ 8
7. Senior/Handicapped Households....... .......... ............. ..... .......... .......... .................... 9
8. Preferred Relocation Areas ...................... .......... ........ .......... ......... ...... .................. 9
III - RELOCATION RESOURCES ................................................................................. 10
A. Methodology........................................................................................................... 10
B. Replacement Housing Availability........ ..... ............... ........ ......... ............. ......... ...... 10
C. Related Issues.......................................................................................................... II
1. Concurrent Residential Displacement ................................................................. 11
2. Temporary Housing............................................................................................. 11
IV - THE RELOCATION PROGRAM ........................................................................... 11
A. Advisory Assistance.............................................................................................. 11
B. Relocation Benefits............................................................................................... 13
1. Residential Moving Expense Payments ............................................................... 13
2. Rental Assistance to Tenants Who Choose to Rent............................................... 14
3. Downpayment Assistance to Tenants Who Choose to Purchase ......................... 16
4. Assistance to Recipients of Section 8 Housing Assistance................................... 16
5. Payments to Non-Tenured Residential Tenants ................................................... 16
6. Last Resort Housing............................................................................................. 16
C. General Information on Payment of Relocation Benefits..................................... 17
V - ADMINISTRATIVE PROVISIONS ......................................................................... 17
A. Relocation Tax Consequences.... ................................. ..... ..... ..... ....... ................... 17
B. Grievance Procedures........................................................................................... 18
C. Eviction Policy............ ............... ....... ............... ..... .......... .......... .......... .................. 18
D. Citizen Participation.............................................................................................. 19
E. Projected Dates of Displacement....... .......... ..... ........... ..... ................... ..... ...... ...... 19
F. Estimated Relocation Costs.................................................................................. 19
Relocation Plan for Lugo Senior Apartments Project - San Bernardino, California
, LIST OF TABLES
-
TABLE 1: Demographic and Housing Characteristics....................................................... 5
TABLE 2: Housing - Dwelling Bedroom Sizes (16 Households) ..................................... 6
TABLE 3: Actual Project Rents (16 Households).............................................................. 7
TABLE 4: Current Household Size Occupancies (15 Respondents).................................. 7
TABLE 5: Replacement Housing Needs (15 Households)................................................. 8
TABLE 6: Income Levels of Tenant Households (13 Respondents) ................................. 8
TABLE 7: Ethnicity of Project Households (15 Respondents) .......................................... 8
TABLE 8: Availability and Cost of Rental Housing........................................................ 10
TABLE 9: Schedule of Fixed Moving Payments ............................................................. 14
TABLE 10: Computation of Rental Assistance Payments ............................................... 15
~ LIST OF EXHIBITS
~
EXHIBIT A: Residential Survey Form................. ....... ............... ................ .... ........ ..... .... 20
EXHIBIT B: HUD Income Limits - San Bernardino County......................................... 21
EXHIBIT C: Residential Informational Brochure........................................................... 22
EXHIBIT D: Public Comments and Response................................................................ 30
Relocation Plan for Lugo Senior Apartments Project - San Bernardino, California
~ INTRODUCTION
I
The Redevelopment Agency of the City of San Bernardino (Agency) allocated tax increment
housing set-aside funds for acquisition and rehabilitation of existing and blighted larger scale
multi-family rental housing developments and selected Lugo Apartments (Property) as a
recipient of FY 2009-2010 funds. The Property consists of several buildings constructed in three
phases. The single-family residence was constructed in 1949, the one-story apartment buildings
were circa 1964 and the two-story buildings were constructed in 1975. The Property sustained
water damage due to a structural fire in 2010 and there are records of minor rehabilitation efforts
in the last two years such as re-roofing, window replacements, new plumbing and water heaters
installation.
The proposed Property rehabilitation, still in its planning development stage, will provide 119
additional much-needed affordable rental units for senior households known as Lugo Senior
Apartments (Project). The rehabilitation will consist of the following:
· Project Amenities/Common Space - "resident friendly" access, drought tolerant
landscaping, walking area similar to a pet park, pool redesign to include shade structure,
solar panel install and ADA access into pool and entire pool area.
· Recreation Room/Clubhouse Building - new 9th Street entrance with security entry gates,
guest parking, lighting and landscaping, new security accessed clubhouse to provide
social gathering space, library and computer room.
· Exterior Design to discourage criminal activity - Site lighting, building lighting, security
video cameras, a property line perimeter wall and landscaping.
· Exterior Design (Building Materials) - metal entrance doors, decorative wrought iron
handrails and guardrails, handicap ramps, re-roof, exterior paint, new asphalt pavement in
parking and driveway areas, repair and reconstruction of existing carport structures.
· Interior Design - First floor ADA accessible units with handicap grab bars, new paint,
flooring, energy efficient light fixtures, heating equipment, low flow shower heads,
faucets and toilets, kitchen and bath cabinets, countertops and kitchen appliances.
· Current Building Design (Non-Compliant Code Issues) - ADA compliance to meet
California Building Code height, spacing and structural design requirements and new
smoke detectors, and GFI outlets
Lugo Senior Apartments, LLC is the owner and developer for the Project. The Developer is
specializing in the development and financing of affordable and market-rate apartment
communities for families and seniors. As it relates to senior housing, "active living in place" is
the credo for their communities, offering amenities and programs that help residents embrace the
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Relocation Plan for Lugo Senior Apartments Project - San Bernardino, California
full potential of a high quality senior life style. The Developer has a specific expertise in
acquiring and rehabilitating existing residential units to suit senior living. Within the immediate
areas of Southern California, the Developer owns and actively manages 867 units of rehabilitated
affordable senior housing.
There are 60 occupied residential dwellings and 60 vacant units located within the planned
Project site boundaries, which are subject to displacement should the Project proceed as planned.
Prior to undertaking any displacement activity the Agency is required by law (California
Government Code Section 7260 et seq.) and regulation (California Code of Regulations, Title 25
Chapter 6) to prepare a relocation plan subject to public review and approval by the Agency
Board.
The general purposes of a relocation plan are to describe the circumstances of potential
displacees, the availability of replacement housing, and the Agency's program to provide
required advisory and financial assistance. It is important to be aware that the preparation and
approval of a relocation plan fulfills an administrative requirement but does not, by itself,
constitute a commitment to proceed with the planned Project.
This Relocation Plan (Plan) was prepared by Overland, Pacific & Cutler, Inc. (OPC) a
professional consulting firm specializing in public agency acquisition and relocation projects.
The Plan is presented in five sections:
1) A description of the planned Project's regional location and specific site settings
(SECTION I);
2) A description of survey methodology and an assessment of the aggregate relocation needs
of residents to be displaced as a result of the planned Project, with explanation of how
these needs are to be met (SECTION II);
3) An assessment of availability of comparable replacement housing units in proximity to
the planned Project (SECTION III);
4) A description of the Agency's relocation assistance program (SECTION IV); and
5) Necessary administrative provisions, plus a relocation cost estimate (SECTION V).
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Relocation Plan for Lugo Senior Apartments Project - San Bernardino, California
I I - PROJECT AREA DESCRIPTION
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A. The Regional Location
The planned Lugo Senior Apartments Project is located to the east of the 1-215
Freeway, south of the 1-210 Freeway and north of the 1-10 Freeway within the City of
San Bernardino. The Project site is less than three miles northwest of San Bernardino
International Airport and is neighboring the communities of Colton, Rialto, Highland
and Redlands. (See Figure 1: Regional Project Location)
Figure 1: Project Regional Location
B. Project Site Location
The Project site is located at 839 North Lugo Avenue and is generally bounded by
East 9th Street on the north, North Waterman Avenue on the east, North Sierra Way
on the west and East ih Street on the south. (See Figures 2 and 3 for Project
boundaries and aerial presentation)
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Relocation Plan for Lugo Senior Apartments Project - San Bernardino, California
.;;_;..Ji____^.:-J
Project Location
Figure 2: Project Site Boundaries
Figure 3: Aerial Project Site
C. General Demographic & Housing Characteristics
Table 1 represents general demographic and housing characteristics within one mile,
three miles and five miles from the planned Project.
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Relocation Plan for Lugo Senior Apartments Project - San Bernardino, California
TABLE 1: Demographic and Housing Characteristics
Population One Mile Radius Three Mile Radius Five Mile Radius
2015 Projection 25,116 142,477 340,987
2010 Estimate 24,325 140,428 335,731
2000 Census 21,085 127,480 304,734
Growth 2010-2015 3.30% 1.50% 1.60%
Growth 2000-2010 14.40% 10.20% 10.20%
2010 Population by Race (% of Total Population)
White 7,204 (29.62%) 50,794 (36.17%) 131,553 (39.18%)
Black or African American 3,312 (13.62%) 20,312 (14.46%) 45,427 (13.53%)
American Indian and Alaska Native 399 (1.64%) 2,134 (1.52%) 4,496 (1.34%)
Asian 823 (3.38%) 4,251 (3.03%) 18,675 (5.56%)
Native Hawaiian and Pacific Islander 63 (0.26%) 478 (0.34%) 1,215 (0.36%)
Other Race 11,180 (45.96%) 54,825 (39.04%) 115,341 (34.36%)
Two or More Races 1,345 (5.53%) 7,637 (5.44%) 19,023 (5.67%)
Hispanic or Latino (of Any Race) 17,358 (71.36%) 92,757 (66.05%) 199,582 (59.45%)
2010 Population by Education
Less than 9th Grade 3,065 (26.14%) 14,499 (20.23%) 28,883 (15.75%)
Some High School to Associate 8,228 (70.18%) 51,766 (72.22%) 130,543 (71.19%)
Bachelor's Degree and Higher 433 (3.69%) 5,412 (7.55%) 23,949 (13.06%)
2010 Income Figures
Average Household Income $28,821 $39,665 $48,638
Median Household Income $20,090 $29,951 $39,824
Per Capita Income $8,944 $11,524 $14,519
2010 Housing
Owner/Renter Occupied (%) 22.85%/77.15% 43.36%/56.64% 50.18%/49.82%
Average Household Size 3.31 3.53 3.38
Median Year Built 1966 1961 1968
Median Housing Value (owner- $107,756 $120,284 $135,761
occupant)
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Relocation Plan for Lugo Senior Apartments Project - San Bernardino, California
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I 11- ASSESMENT OF RELOCATION NEEDS
A. Survey Method
Information necessary for the preparation of this Plan was obtained through personal
interviews with Project residents during the month of January 2011. Interviewers
were successful in obtaining survey responses from 58 of 60 residential households
(96.7%). Interviews were conducted on-site, in English or Spanish, as appropriate or
by telephone if the household was unavailable at the time of personal visits. A sample
survey form is attached as Exhibit A.
Inquiries made of residential occupants concerned household size and composition,
income, monthly rent obligation, length and type of occupancy, ethnicity, home
language, disabilitieslhealth problems, and replacement housing preferences.
The descriptive data in this Plan concerning residents are based solely on anecdotal
responses. No attempt was made to qualify information obtained.
B. Field Survey Data
The interviewed households included 58 tenant-occupied apartment units. There are
60 vacant units; 59 apartments and one detached single family home.
1. Housing Mix
The housing mix includes seven two-story apartment complexes, one single-story
apartment complex, two apartment units adjacent to the office and one single
family home. Table 2 outlines the breakdown of units based on responses from 58
households and unit information as provided by the property manager for the two
non-responsive households.
TABLE 2: Housing - Dwelling Bedroom Sizes (60 Households)
# of Bedrooms One Two
# of Units 54 6
2. Project Rents
Table 3, below, represents the monthly rent payments of the tenant households
residing at the proposed Project site. Four households reported receiving Section 8
housing assistance and their rents are excluded from the data below. The average
monthly rents at the time of the surveys were as follows: one-bedrooms - $543.00;
and two-bedrooms - $785.00.
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Relocation Plan for Lugo Senior Apartments Project - San Bernardino, California
TABLE 3: Actual Pro,ject Rents (56 Houscholds)
One Bedroom Two Bedroom
A vg. - $543.00 A vg. - $785.00
$500.00 (4) $745.00 (3)
$525.00 (12) $825.00 (1)
$550.00 (32) $865.00 (1)
$575.00 (1)
$600.00 (2)
3. Occupancy/Overcrowding
The planned Project site consists of 146 individuals among 58 respondent
households, 100 of which are adults and 46 are children. The average household
size is 2.5 persons per unit.
The distribution of household sizes is provided in Table 4, following.
TABLE 4: Current Household Size Occupancies (58 Respondcnts)
# of People in Household # Households Total Occupants
One 17 17
Two 16 32
Three 13 39
Four 6 24
Five 3 15
Six 2 12
Seven 1 7
4. Replacement Housing Needs
Replacement housing needs, as expressed in this Plan, are defined by the total
number of required replacement units and the distribution of those units by
bedroom size. The projected number of required units by bedroom size is
calculated by comparing survey data relative to household size with the Agency's
replacement housing occupancy standards. These standards, generally, allow for
up to three persons in a one-bedroom unit, five persons in a two-bedroom unit,
and seven persons in a three-bedroom unit. Any households consisting of eight or
more members require a four-bedroom replacement unit.
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Relocation Plan for Lugo Senior Apartments Project - San Bernardino, California
TABLE 5: Replaecl11cnt Housing Ne(>ds (58 Households)
Bedroom Size One Two Three
# Needed - Tenants 44 11 3
The planned Project's replacement housing requirements are to provide
comparable units to replace the tenants' displaced dwelling. Comparable housing
referrals will be provided and every reasonable attempt will be made to take into
consideration individual preferences.
5. Income
Income information was provided by all 58 interviewed tenant households.
According to income standards for the County of San Bernardino (Exhibit B)
adjusted for family size as published by the California Department of Housing
and Community Development (HCD), in June 2010, 33 Project households
qualify as extremely low income (30% or less of area median), 20 households
qualify as very low income (31 %-50% of area median), three qualify as low
income (51%-80% of area median), one qualifies as moderate income (81%-
120% of area median) and one household reported income above moderate or
high (over 120% of area median).
Income survey results are presented in Table 6, following.
TABLE 6: Incol11(> Lc\ cIs of Tcnant Households (58 Respondents)
Income Level Extremely Very Low Low Moderate High
Low
# Households 33 20 3 1 1
6. Etltnicity/Language
Ethnicity among households within the planned Project site is shown in Table 7.
TABLE 7: Ethnicit~ of Project Households (58 Respondents)
Ethnicity # Households (%)
White 7 (12.1 %)
Black 29 (50.0%)
Hispanic 22 (37.9%)
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Relocation Plan for Lugo Senior Apartments Project - San Bernardino, California
Two respondent households identified Spanish as their primary household
language and 56 households speak English. No other dialects were reported.
7. Senior/Handicapped Households
There are seven senior households among respondent occupants (head of
household or spouse 62 years or older) and 17 households reported physical
and/or psychological disabilities that could affect the relocation process. Care will
be taken to meet the special needs of each household, particularly as these needs
involve physical access to accommodations. In all cases involving physical or
mental impairments, extra efforts will be made to provide close individual case
monitoring.
8. Preferred Relocation Areas
Most of the Project households expressed a preference to remain in or around the
local community in order to maintain current school enrollment, access to
employment, recreational resources and public transportation. Alternative
relocation areas mentioned by some were Highland, Rialto, Colton, Fontana,
Moreno Valley, Chino, Redlands and Riverside. A couple of households
expressed their preference to move out of state.
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Relocation Plan for Lugo Senior Apartments Project - San Bernardino, California
~ II1- RELOCATION RESOURCES
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A. Methodology
An extensive resource survey was conducted in January 2011 to determine the
availability of replacement housing units utilizing the following sources:
· Classified rental listings from The Press Enterprise, PennySaver, and For
Rent publications
· Internet sources (local multiple listing services)
B. Replacement Housing Availability
Replacement housing survey data concerning available units are summarized in
Table 8. The survey identified a total of 354 available one-, two-, and three-
bedroom rental units in near vicinity to the Project site (no more than three miles
from Project). There are more than sufficient amount of available units currently
on the market to not require the Agency to plan for any last resort housing to be
built. The Agency will provide adequate funds to compensate for increased rents
under the Last Resort Housing provisions.
The individual figures for number of units found by bedroom size are presented in
the table below alongside the number of units needed (shown in parentheses) to
meet re-housing obligations. Survey data suggested a more than sufficient supply
of replacement housing resources relative to the number of potential displacees.
TABLE 8: r\Yailabilit~ and Cost of Rentalllollsing
Bedroom Size One Two Three
# Found (# Needed) 117(44) 161 (I I) 76 (3)
Rent Range $450-$918 $600-$ 1 ,200 $675-$1,500
Median Rent $675 $850 $1,150
The comparable market rent amounts shown in the table above are among the
figures used to make benefit and budget projections for the Plan. These amounts
are subject to change according to the market rates prevailing at the time of
displacement. Average Project rents are currently up to 20 percent less than
respective median market rates for surveyed replacement units.
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Relocation Plan for Lugo Senior Apartments Project - San Bernardino, California
C. Related Issues
1. Concurrent Residential Displacement
There are no known public projects underway in the vicinity of this Project which
would impact the availability of needed housing resources.
2. Temporary Housing
No need for temporary housing is anticipated. Should such a need arise, the
Agency will respond appropriately and in conformance with all applicable laws
and requirements.
I IV - THE RELOCATION PROGRAM
I
The Agency will provide displacees the assistance, rights and benefits required under
State relocation law and the relocation guidelines. The relocation program will provide
both advisory and financial assistance. Every effort will be made to facilitate relocation
arrangements and minimize hardships for displacees.
A. Advisory Assistance
Advisory assistance services are intended to inform displacees about the Agency's
relocation program, help in the process of finding appropriate replacement
accommodations, facilitate claims processing, maintain a communication link with
the Agency and coordinate the involvement of outside service providers.
To follow through on the advisory assistance component of the relocation program
and assure that the Agency meets its obligations under the law, relocation staff will
perform the following functions:
· Distribute written information concerning the Agency's relocation program to
each displacee (see Exhibit C);
. Individually inform all displacees of the nature of and procedures for obtaining
available relocation assistance and benefits;
. Determine the eligibility, needs and relocation preferences of each displacee;
. Provide residential displacees with at least three referrals to comparable, decent,
safe and sanitary replacement housing within a reasonable time prior to
displacement;
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Relocation Plan for Lugo Senior Apartments Project - San Bernardino, California
. Maintain a database of available housing resources and distribute replacement site
referrals for the duration of the Project;
. Provide transportation to displacees, if requested, to inspect replacement sites
within the local area. Offer special assistance to help elderly and handicapped
residents find housing near friends, relatives, medical facilities and services and
convenient transportation, if applicable;
. Make referrals to governmental and non-governmental servIce providers, as
needed;
. Assist each eligible displacee with the preparation and submission of relocation
assistance claims;
. Assist residential displacees with arrangements necessary to rent or purchase
comparable decent, safe and sanitary replacement housing;
. Make benefit determinations and payments in accordance with applicable law and
Agency policy;
. Assure that no displacee is required to move without a minimum of 90 days
written notice to vacate;
. Inform all persons subject to displacement of the Agency's policies with regard to
management of property;
. Establish and maintain a formal grievance procedure for use by the displaced
persons seeking administrative review of the Agency's decisions with respect to
relocation assistance; and
. 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.
The Agency retained services of professional relocation consultants to assist all
persons to be displaced as a consequence of the Project. Personal contact will be
maintained with all individuals until the relocation process has been completed.
Given the number of displacements within the proposed Project, it will not be
necessary to setup a fully staffed site office. Should such a need present itself during
the implementation phases of the Project, the Agency will make provisions for a site
office and all residents will be informed of the location and operating hours of that
relocation office.
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Relocation Plan for Lugo Senior Apartments Project - San Bernardino, California
B. Relocation Benefits
Relocation benefits will be provided in accordance with the applicable provisions of
the State relocation law and guidelines. Benefits will be paid to eligible displaced
persons upon submission of required claim forms and documentation regarding the
rental or purchase of decent, safe and sanitary replacement housing.
Eligibility requirements and calculations will be detailed on an individual basis with
all displacee households. In the course of personal interviews and follow-up visits,
each displacee household will receive counseling regarding available benefit options
and the requirements to claim compensation for moving payments and replacement
housing assistance.
Agency staff will promptly evaluate advance payment requests meant to alleviate
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 for advance
payments will be processed expeditiously to help avoid the loss of desirable,
appropriate replacement housing.
1. Residential Moving Expense Payments
All residential displacees will be eligible to receive a payment for moving
expenses. Moving expense payments will be based either on the actual cost of a
professional move or a fixed payment amount determined by room count.
· Actual Cost (Professional Move)
Displacees may elect to retain the service of a professional mover. The cost of
professional moving services will be based on the lower of at least two
acceptable bids obtained from licensed, professional movers. The Agency
may also obtain bids, at its own discretion, in order to determine the most
qualified low-bidder for the move. The Agency will make direct payment to
the selected mover, if requested, or provide reimbursement upon presentation
of appropriate documentation substantiating the move.
Compensable moving elements include packing, transportation, un-packing
and insurance. Transportation costs beyond 50 miles are not eligible, unless
the Agency determines that relocation beyond 50 miles is justified. In addition
to payment for the actual move, one-time re-connection fees related to gas,
water, electricity, telephone, internet and television service, are eligible for
reimbursement. Deposits required by utility and other residential service
providers are not eligible for reimbursement.
· Fixed Payment (Room Count Schedule Method)
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Relocation Plan for Lugo Senior Apartments Project - San Bernardino, California
As an alternative to a professional move, a residential displacee may elect to
receive a fixed payment for moving expenses based on the number of
furnished or unfurnished rooms in the displacement dwelling (bathrooms are
not considered as part of the eligible room count). Residential displacees who
elect to receive a fixed payment assume full responsibility for the move
including the expense of utility re-connections described in (a), above. The
current schedule for Fixed Moving Payments is set forth in Table 9:
I
TABLE 9: Schedule of Fixed Moving Payments
Unfurnished Dwelling (Tenant Owned Furniture)
Room 1 2 3 4 5 6 7 8 Each
Count Additional
Amount $625 $800 $1,000 $1,175 $1,425 $1,650 $1,900 $2,150 $225
Furnished Dwelling (Landlord Owned Furniture)
Room 1 Each Additional
Count
Amount $400 $65
Source: The Federal Highway Administration (effective 8/22/08)
2. Rental Assistance to Tenants Who Choose to Rent
A tenant displaced from a Project dwelling may be entitled to a Replacement
Housing Payment in the form of rental assistance not-to-exceed $5,250 for tenants
(prior to consideration of eligibility for Last Resort Housing benefits - see Last
Resort Housing this Section, Paragraph 6), if the displacee:
· Generally, has actually and lawfully (i.e. have a lease and have been
paying rent) occupied the displacement dwelling for at least 90 days
immediately prior to the initiation of negotiations; and
· Has rented, or purchased (as a result of the relocation process), and
occupied a decent, safe, and sanitary replacement dwelling within one year
(unless the Agency extends this period for good cause) after the date he or
she moves from the displacement dwelling.
Rental/Downpayment Assistance payment amounts are equal to 42 times the
difference between the base monthly rental 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; or
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Relocation Plan for Lugo Senior Apartments Project - San Bernardino, California
(i) The total of the amount designated for shelter and utilities if receiving
government subsidized assistance from a program that designated the
amounts for shelter and utilities.
The base monthly rental 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 Agency. For owner-occupants or households which paid little or
no rent, fair market rent will be used as a substitute for actual rent; or,
(ii) Thirty percent (30%) of the displacee's monthly gross household
income. If a displacee refuses to provide appropriate evidence of
income or is a dependent, the base monthly rental shall be determined
to be the average monthly cost for rent and utilities at the displacement
dwelling.
Table 10, following, provides an example of a typical rental assistance eligibility
computation.
- or-
2. Ability to Pay
$550
$550
30% of Monthly Gross Household Income*
3. Lesser oflines I and 2
Subtracted from the lesser of:
4. Actual New Rent
$650
Actual New Rent (plus Utility Allowance)
- or-
5. Comparable Rent
$675
Set by the Agency (plus Utility Allowance)
6. Lesser of lines 4 and 5
$650
$100
Subtract line 3 from line 6
7. Monthly Need Amount
Rental Assistance
$4,200
Multiply line 7 (Monthly Need) by 42 months
* Gross household income means the total annual income of an individual less the following: (1) a deduction of $500
for each dependent in excess of three; (2) a deduction of 10% of total income for the elderly or disabled head of
household; (3) a deduction 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.
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Relocation Plan for Lugo Senior Apartments Project - San Bernardino, California
3. Downpayment Assistance to Tenants Who Choose to Purchase
Residential displacees eligible to receive a rental assistance payment, may choose
to utilize up to the full amount of their rental assistance eligibility (including any
Last Resort benefits) to purchase a replacement dwelling, provided that the entire
eligibility amount is used toward the down payment and eligible incidental
closing costs. In the case of Downpayment Assistance claims, the Agency will
arrange for the deposit of the total rental assistance eligibility amount in an open
escrow account. Provisions will be included in the escrow instructions to assure
the prompt return of all Agency-provided funds in the event escrow is cancelled
by either party or should fail to close within a reasonable period of time.
4. Assistance to Recipients of Section 8 Housing Assistance
Households currently receiving assistance through the Section 8 Housing program
will be provided referrals to available rental units whose owners have indicated a
willingness to participate in the Section 8 program. As long as there are available
replacement units with monthly rents at or below current fair market rent rates,
Section 8 recipients will not receive cash rental assistance payments. However,
some assistance will be provided, as appropriate, with one time security deposits
and credit check fees. Section 8 recipients are also entitled to a payment for
physical moving expenses on the same basis as market-rate tenants.
5. Payments to Non-Tenured Residential Tenants
Median-income and higher income residential tenants with less than 90 days of
continuous occupancy prior to the Agency's acquisition of the property, will only
be eligible to receive a moving expense payment in accordance with Section 1
above.
6. Last Resort Housing
Depending on current market conditions, the Agency anticipates that it might be
necessary to make rental assistance payments in excess of the statutory cap of
$5,250, (CCR Title 25, Chapter 6, Section 6104) to assure the availability of
comparable replacement rental housing. Rental assistance payments to low-
income non-90-day tenants and rental assistance and replacement housing
payment amounts in excess of the statutory caps are considered (CCR Title 25,
Chapter 6, Section 6139) to be Last Resort Housing (LRH) payments.
The Agency, at its discretion, may opt to pay LRH rental assistance payments on
a periodic basis. Recipients of LRH rental assistance who intend to purchase
rather than re-rent replacement housing have the right to request a lump sum
payment of all benefits for the purpose of making a down payment and paying
standard, non-recurring closing costs. Households receiving periodic payments
may elect, at any time, to request a lump sum payment of all remaining benefits to
assist with the purchase of a decent, safe and sanitary dwelling.
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Relocation Plan for Lugo Senior Apartments Project - San Bernardino, California
C. General Information on Payment of Relocation Benefits
Claims and supporting documentation for relocation benefits must be filed with the
Agency within 18 months from:
· The date the claimant moves from the acquired property; or,
· The date, on which final payment for the acquisition of real property is made,
whichever is later.
The procedure for the preparation and filing of claims and the processing and delivery
of payments will be as follows:
1) Claimant( s) will provide all necessary documentation to substantiate
eligibility for assistance;
2) Payment amounts will be determined in accordance with the provisions of the
State relocation law and guidelines;
3) Required claim forms will be prepared by relocation personnel and reviewed
with claimants. Signed claims and supporting documentation will be
submitted by relocation personnel to the Agency;
4) The Agency will review all claims for payment and determine whether to
approve, deny, or seek additional information;
5) The Agency will issue benefit checks for distribution to claimants by
relocation staff;
6) Final payments will be issued only after confirmation that the Project
premises have been completely vacated and occupancy of the replacement
unit is verified;
7) All correspondence, back-up documentation, claims, receipts of payment and
notices will be maintained in the relocation case file.
I V - ADMINISTRATIVE PROVISIONS
~
A. Relocation Tax Consequences
In general, relocation payments are not considered income for the purpose of the
Internal Revenue Code of 1968, or the Personal Income Tax Law, Part 10 of the
Revenue and Taxation Code. The above statement on tax consequences is not
intended to be a provision of tax advice by the Agency. The Agency cannot give
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Relocation Plan for Lugo Senior Apartments Project - San Bernardino, California
specific advice related to tax law and, displacees are responsible for consulting with
their own tax advisors concerning the tax consequences of relocation payments.
B. Grievance Procedures
The Agency's Relocation Appeals process will be consistent with the Provisions of
Article 5 of the State relocation guidelines (Appendix A). The right to appeal shall be
described in all relocation explanatory material distributed to displacees.
As required under the State relocation guidelines, displacees will have the right to ask
for administrative review when they believe themselves aggrieved by a determination
as to eligibility, payment amounts, and the failure to provide comparable replacement
housing referrals or the Agency's property management practices.
Requests for administrative review and informal hearings will be directed to senior
administrative staff of the Agency. All requests for review will receive written
responses from the Agency within three weeks of their receipt. If an informal appeal
is denied, appellants will be entitled to file a written request for a formal hearing
before an impartial and independent hearing officer.
More detail concerning the appeals process will be provided upon request. Appellants
will retain their appeal rights for up to 18 months following the date of displacement
from the Project premises or receipt of final payment for relocation benefits,
whichever is later.
C. Eviction Policy
Under the State relocation guidelines, eviction is permissible only as a last resort and
may not be used as a means to avoid relocation payment obligations. With the
exception of persons considered to be in unlawful occupancy, a displaced person's
eviction does not affect eligibility for relocation assistance and benefits.
Eviction may be undertaken only for one or more of the following reasons:
. Failure to pay rent, except in those cases where the failure to pay is due to the
lessor's failure to keep the premises in habitable condition, is the result of
harassment or retaliatory action or is the result of discontinuation or
substantial interruption of services;
. Performance of a dangerous, illegal act in the unit;
. Material breach of the rental agreement and failure to correct breach within 30
days of notice;
. Maintenance of a nuisance and failure to abate within a reasonable time
following notice;
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Relocation Plan for Lugo Senior Apartments Project - San Bernardino, California
. Refusal to accept one of a reasonable number of offers of replacement
dwellings;
. A requirement under State or local law or emergency circumstances that
cannot be prevented by reasonable efforts on the part of the public entity.
D. Citizen Participation
As the process for considering the planned Project moves forward, the Agency will
observe the following protocol:
· Provide affected tenants with full and timely access to documents relevant to
the relocation program;
· Provide technical assistance necessary to interpret elements of the Relocation
Plan and other pertinent materials;
· Issuance of a general notice in English and/or the primary household
language, as needed, concerning the availability of the Relocation Plan for
public review, as required, 30 days prior to its proposed adoption. Distribution
of the Plan, upon request, to all affected and interested parties;
· The inclusion of written or oral comments concerning the Plan and the
Agency's response as an attachment to the Plan (Exhibit D) when it is
forwarded to the Agency Board for adoption.
E. Projected Dates of Displacement
The Agency contemplates that the relocation process will begin in March 2011 and be
completed no later than June 2011. The Agency will update the Plan in the event of
delay of more than one year in the implementation of the relocation program.
F. Estimated Relocation Costs
The total budget estimate for relocation-related payments for this planned Project is
as follows:
Relocation:
Contingency @ 10%:
TOTAL:
$870,000
$87.000
$957,000
The estimated relocation budget does not include any payments related to property
acquisition, or improvements pertaining to realty. 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.
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Relocation Plan for Lugo Senior Apartments Project - San Bernardino, California
EXHIBIT A: Residential Survey Form
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Client/Project: Case 10:
Site Address: Total occupants: Interview Date: o Unoccupied
City, St, ZIP: Interviewer: 0 No Contact
~ ~
1. Name:
Relationship (list 1): HEAD OF HOUSEHOLD o ID verified Income srce (list 2): Income/emp!. description: Hire/start date: Mo Income:
Lawful presence (list 3): Date of birth:
Phone/fax/email: Move-in date:
Notes/special needs:
2. Name: I Gender: F M Employer/School:
Relationship (list 1): o ID verified Income srce (list 2): Income/emp!. description: Hire/start date: Mo Income:
Lawful presence (list 3): Date of birth:
Phone/fax/email: Move-in date:
Notes/special needs:
3. Name: IGender: F M Employer/School:
Relationship (list 1): o ID verified Income srce (list 2): Income/emp!. description: Hire/start date: Mo Income:
Lawful presence (list 3): Date of birth:
Phone/fax/email: Move-in date:
Notes/special needs:
4. Name: I Gender: F M Employer/School:
Relationship (list 1): o ID verified Income srce (list 2): Income/emp!. description: Hire/start date: Mo Income:
Lawful presence (list 3): Date of birth:
Phone/fax/email: Move-in date:
Notes/special needs:
5. Name: I Gender: F M Employer/School:
Relationship (list 1): o ID verified Income srce (list 2): Income/emp!. description: Hire/start date: Mo Income:
Lawful presence (list 3): Date of birth:
Phone/fax/email: Move-in date:
Notes/special needs:
6. Name: I Gender: F M Employer/School:
Relationship (list 1): o ID verified Income srce (list 2): Income/emp!. description: Hire/start date: Mo Income:
Lawful presence (list 3): Date of birth:
Phone/fax/email: Move-in date:
Notes/special needs:
@ 1980-2008 Overland, Pacific & Cutler, Inc. (05/08)
Page 1
Mailing Address:
City, St, ZIP:
Carbon Copy Address:
City, St, ZIP:
Dwelling Type (list 4):
Bedrooms:
AtticlUtility/Storage:
Approx Sq Ft:
Kitchen:
Basement:
Bathrooms:
Living/family rooms:
Garage:
Garage Spaces:
Dining room:
Other/Extra:
Total physical and
content rooms to
move:
Carport Spaces:
Den/Office:
Parking Spaces:
Number of cars:
Total Rooms:
o Primary residence of all occupants? (If not, explain in notes)
o Can someone read/understand English? If not, language:
Race/Ethnicity: 0 American Indian/Alaskan 0 Asian
o Black/African-American 0 Hawaiian/Pacific Islander
o Hispanic/Latino 0 White 0 Other 0 Mixed
Subscribe to: 0 Land phone 0 TV service 0 Internet
o Home-based business? (describe in notes)
o Rent rooms in dwelling? (describe in notes)
o On fixed income or public assistance? (describe in Occupants)
o Disabled occupants? (describe modifications/needs in Occupants)
Replacement site special needs (mark and describe in Notes)
Air Cond: o Central DWalllWindow DHeat Pump DEvap.lSwamp DNone 0 Employment access
o Shopping
Heating: DFAU o Radiant DHot Water DSpace Htr DSolar o Heat Pump 0 Public transport 0 Religious
Dwelling Condition: 0 Good 0 Fair 0 Poor 0 Medical facilities/services 0 Social/Public services
Neighborhood Condition: 0 Good 0 Fair 0 Poor 0 School needs 0 Relatives/Ethnic
Amenities: 0 Childcare 0 Other special needs
o All occupants to move to the same dwelling? (if not, explain in notes)
Replacement dwelling preference: 0 Rent 0 Buy
Can relocate from: 0 Neighborhood 0 City 0 County 0 State
Preferred relocation areas:
o Rent reduced in exchange for service
Monthly contract rent: $
o Unit furnished by tenant
Security deposit: $
Landlord/manager name/ph:
o Written rental agreement available?
o Rent receipts available?
o Receiving Section 8 or other housing assistance?
Caseworker name/ph:
Monthly tenant portion of rent: $
Annual family/child care expenses to allow work: $
Annual non-reimbursed medical expenses: $
Annual non-reimb. handicapped assistance expenses: $
Utilities paid by tenant: Pets:
o Gas: $
o Electric: $ Energy source: Gas Electr Oil Other
o Water: $ Cooking Stove: 0 0 0
o Sewer: $ Water Heater: 0 0 0
o Trash: $ Space Heat: 0 0 0
o NONE Air Conditioning: 0 0 0
@ 1980-2008 Overland, Pacific & Cutler, Inc (05/08)
o Own clear with no mortgages/loans
1 st Loan Information
# of stories:
2nd Loan Information
Lender: Lender:
Loan Type (list 5): Loan Type (list 5):
Current % Rate: Current % Rate:
Principal Balance: $ Principal Balance: $
Original Date: Original Date:
Remaining months: Remaining months:
Monthly P&I payment: Monthly P&I payment:
Pad space: 0 Rent 0 Own
Pad rent: $
Coach length (ft):
Coach width (ft):
Coach: 0 Rent 0 Own
Make/Model:
Year:
Decal #:
Page 2
Spouse, Child, Foster Child, Parent, Partner, Sibling, Aunt/Uncle, Cousin, Grandparent, Parent In-Law, Sibling In-Law, Other Relative, Roommate
Wages/Salaries, Social SecuritylDisab/Pension, Child Support/Alimony, WelfarefTANF/AFDC, Family Subsidy/Gift, Business Income,
Interest/Dividends, Unempl.lWorkers Comp, AF pay, EITC, Cash Income, Rent Reduction, Other
3. Legal Status: Unknown, Citizen/National, Lawful Other, NOT Lawful, Decline to provide.
4. Dwelling: SFR, Duplex, 3-Plex, 4-Plex, Apartment, CondofTownhome, Hotel/Motel, Mobile Home, RV, Other
5. Loans: Fixed Mortgage, Adjustable Mortgage, Interest Only, Fixed HELOC, Adjustable HELOC, Reverse Mortgage, Other
1. Relation:
2. Income:
Date:
Signature:
@ 1980-2008 Overland, Pacific & Cutler, Inc. (05/08)
Relocation Plan for Lugo Senior Apartments Project - San Bernardino, California
EXHIBIT B: HUD Income Limits - San Bernardino County
The following figures are approved by the U. S. Department of Housing and Urban
Development (H.U.D.) for use in the County of San Bernardino to define and determine
housing eligibility by income level.
Area Median: $65,000
Family Size Extremely Low Very Low Lower Moderate
1 Person 13,650 22,750 36,400 54,600
2 Person 15,600 26,000 41,600 62,400
3 Person 17,550 29,250 46,800 70,200
4 Person 19,500 32,500 52,000 78,000
5 Person 21,100 35,100 56,200 84,250
6 Person 22,650 37,700 60,350 90,500
7 Person 24,200 40,300 64,500 96,700
8 Person 25,750 42,900 68,650 102,950
Figures are per the Department of Housing and Community Development (California),
Division of Housing Policy Development, June 17,2010.
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Relocation Plan for Lugo Senior Apartments Project - San Bernardino, California
EXHIBIT C: Residential Informational Brochure
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Relocation Plan for Lugo Senior Apartments Project - San Bernardino, California
(CA State)
~Iacino Aoency:
San Bernardino Redevelopment Agency
Proiect Name:
Lugo Senior Apartments Project
Displacino Aoencv Representative:
Overland, Pacific & Cutler, Inc.
3750 Schaufele Ave. Ste. 150
· Long Beach, CA 90808
Phone: 800-400-7356
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. Non-Discrimination and Fair Housing
14. Additional Information And Assistance Available
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Relocation Plan for Lugo Senior Apartments Project - San Bernardino, California
. nd Individuals
(CA State)
1. GENERAL INFORMATION
The dwelling in which you now live has been purchased with assistance of the Displacing
Agency using state and/or local 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 state 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, otherwise you may be evicted and jeopardize the
relocation benefits to which you may be entitled to receive. The Displacing Agency
has acquired the property; therefore, you are 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.
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Relocation Plan for Lugo Senior Apartments Project - San Bernardino, California
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).
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 lor 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 PaymentBJ~~~:I\IIc:>Vil'1g!:~~.~~~UI
A Fixed Moving Payment is based upon CAt..IFO.RNIA:tEffective.20
the number of rooms you occupy and Occupant Owns Furniture:
whether or not you own your own 1 room $625
furniture. The payment is based upon a 2 rooms $800
schedule approved by the Displacing 3 rooms $1,000
Agency, and ranges, for example, from 4 rooms $1,175
$400.00 for one furnished room to 5 rooms $1,425
$2,150.00 for eight rooms in an 6 rooms $1,650
unfurnished dwelling. (For details see the 7 rooms $1,900
table). Your relocation representative 8 rooms $2,150
will inform you of the amount you are Each additional room $225
eligible to receive, if you choose this type Occupant does NOT Own Furniture:
of payment. 1 room $400
Each additional room $65
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.
B. Actual Moving Expense (Professional 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.
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Relocation Plan for Lugo Senior Apartments Project - San Bernardino, California
4. REPLACEMENT HOUSING PAYMENT - TENANTS AND CERTAIN
OTHERS
You may be eligible for a payment of up to $5,250.00 to assist you 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 prior to the initiation of
negotiations or an owner who has occupied the present dwelling between 90 and 180
days prior to the initiation of negotiations.
A. Rental Assistance. If you qualify, and wish to rent your replacement dwelling,
your maximum rental assistance benefits will be based upon the difference over a
forty-two (42) month period between the rent you must pay for a comparable
replacement dwelling and the lesser of your current rent and estimated utilities or
thirty percent (30%) of your gross monthly household income. 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.
Where a tenant is sharing a dwelling with an owner-occupant and paying the
owner-occupant rent for the privilege, the tenant shall not be entitled to more than
one-half of the rental assistance otherwise payable.
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 negotiations, 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:
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Relocation Plan for Lugo Senior Apartments Project - San Bernardino, California
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 an economic 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 you move from the displacement dwelling.
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.
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Relocation Plan for Lugo Senior Apartments Project - San Bernardino, California
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
Any person, who occupies the real property and is not in unlawful occupancy, is
presumed to be entitled to relocation benefits. Except for the causes of eviction set forth
below, no person lawfully occupying property to be purchased by the Agency will be
required to move without having been provided with at least 90 days written notice from
the Agency. Eviction will be undertaken only in the event of one or more of the
following reasons:
· Failure to pay rent; except in those cases where the failure to pay is due to the
lessor's failure to keep the premises in habitable condition, is the result of
harassment or retaliatory action or is the result of discontinuation or
substantial interruption of services;
· Performance of dangerous illegal act in the unit;
· Material breach of the rental agreement and failure to correct breach within
the legally prescribed notice period;
· Maintenance of a nuisance and failure to abate within a reasonable time
following notice;
· Refusal to accept one of a reasonable number of offers of replacement
dwellings; or
· The eviction is required by State or local law and cannot be prevented by
reasonable efforts on the part of the public entity.
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Relocation Plan for Lugo Senior Apartments Project - San Bernardino, California
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 01) of Division 2 of the Revenue and Taxation Code, or
the Bank and Corporation Tax law, Part 11 (commencing with Section 23001) of
Division 2 of the Revenue and Taxation Code. Furthermore, federal regulations (49 CFR
Part 24, Section 24.209) also indicate that no payment received under this part (Part 24)
shall 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. No federal dollars
are anticipated for this project. Therefore, federal regulations may not apply and the IRS
may consider relocation payments as income. 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. 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.
14. ADDITIONAL INFORMATION AND ASSISTANCE AVAILABLE
Those responsible for providing you with relocation assistance hope to assist you in every
way possible to minimize the hardships involved in relocating to a new home. Your
cooperation will be helpful and greatly appreciated. If you have any questions at any
time during the process, please do not hesitate to contact your relocation representative at
Overland, Pacific & Cutler.
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Relocation Plan for Lugo Senior Apartments Project - San Bernardino, California
EXHIBIT D: Public Comments and Response
None received.
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