23 CA ADC § 370.16
23 CCR s 370.16
Cal. Admin. Code tit. 23, s 370.16
CALIFORNIA CODE OF REGULATIONS
TITLE 23. WATERS
DIVISION 2. DEPARTMENT OF WATER RESOURCES
CHAPTER 1.6. RELOCATION ASSISTANCE PROGRAM
ARTICLE 2. RELOCATION PAYMENTS
This database is current through 05/26/06, Register 2006, No. 21.
s 370.16. Replacement Housing Payments.
(a) General Provisions.
(1) In addition to other payments provided by this Article, eligible
individuals and families displaced from their primary residence, including
condominiums, cooperative apartments and mobile homes purchased by the
State are eligible for replacement housing payments in accordance with
this Article.
(2) Displaced individuals or families are not required to relocate to the
same occupancy (owner or tenant) status but have other options according
to their ownership status and tenure of occupancy as described in Sections
370.17 to 370.23, inclusive, of this Article.
(3) Not more than one replacement housing or rental payment shall be made
for each dwelling unit except in the case of multi-family occupancy of one
dwelling unit as specified in subsection (f) of this Section.
(b) Requirement to Receive Payments.
(1) In addition to the tenure of occupancy provisions the displaced person
is otherwise eligible for the appropriate payments when he relocates and
occupies a decent, safe and sanitary dwelling within a one-year period
beginning on the later of the following dates:
(A) The date on which the owner received final payment for all costs of
the acquired dwelling in negotiated settlements; or in the case of
condemnation, the date on which the required amount is deposited into
court for the benefit of the owner; or
(B) The date on which he actually vacates the acquired real property.
(2) A displaced person who has entered into a contract for the
construction or rehabilitation of a replacement dwelling and, for reasons
beyond his reasonable control, cannot occupy the replacement dwelling
within the time period shown above shall be considered to have purchased
and occupied the dwelling as of the date of such contract. The replacement
housing payment or rental payment under these conditions shall be deferred
until the displaced person has actually occupied the replacement dwelling.
(3) A displaced person who has entered a legally binding contract for
purchase of a replacement dwelling and, for reasons beyond his reasonable
control, cannot secure title to and occupancy of the replacement dwelling
within the time period shown above shall be considered to have purchased
and occupied the dwelling as of the date of such contract. The replacement
housing or rental payment under these conditions shall be deferred until
title to the premises vests in and the displaced person has actually
occupied the replacement dwelling.
(c) Inspection for Decent, Safe and Sanitary Standards. Before making
payment to the relocatee the Department shall inspect the replacement
dwelling and determine whether it meets the standards for decent, safe and
sanitary housing as set forth in Section 370.04 of this Article. Such
determination by the Department that a dwelling meets the standards for
decent, safe and sanitary housing is made solely for the purpose of
determining the eligibility of relocated individuals and families for
payments under this Article and is not a representation for any other
purpose.
(d) Applicants Must Certify Eligibility. Applicants for any payment made
under Sections 370.16 to 370.23, inclusive, must certify that, to the best
of their knowledge and belief, the replacement dwelling meets the
standards for decent, safe and sanitary housing specified in Section
370.04 of this Article and that they are eligible for the payment
requested.
(e) Ownership of Replacement Dwelling Prior to the Initiation of
Negotiations. Any person who has obtained legal ownership of a replacement
dwelling prior to the initiation of negotiations on the project and
occupies the replacement dwelling after being displaced but within the
time limit specified in subsection (b) of this Section is eligible for
replacement housing payment if the replacement dwelling meets the
requirements of Section 370.04 of this Article.
(f) Multiple Occupancy of Same Dwelling Unit. The Department shall
determine if the multiple occupancy of a single dwelling unit will require
proration of replacement housing payments based on equitable criteria
consistent with the intent of the displacees and the Relocation Act
(Government Code Section 7260, et seq.).
(g) Joint Residential and Business Use. Where displaced individuals or
families occupy living quarters on the same premises as a displaced
business, farm or nonprofit organization, such individuals or families are
separate displaced persons for purposes of determining entitlement to
relocation payments.
(h) Dependents. A dependent who is residing separate and apart from the
person or family providing support, whether such separate residence is
permanent or temporary, shall be entitled to payment under these
regulations, but such payment shall be limited to the period during which
the displaced dependent resides in the replacement dwelling. At the time
the dependent vacates that dwelling, no further payment under these
regulations shall be made to such person. For the purposes of this
paragraph, a "dependent" shall be a person who derives fifty-one percent
(51%) or more of his income in the form of gifts from any private person
or any academic scholarship or stipend. Full-time students shall be
presumed to be dependents but may rebut this presumption by demonstrating
that over fifty percent (50%) of their income is derived from sources
other than gifts from another person or academic scholarships or stipends.
Note: Authority cited: Section 7267.8, Government Code. Reference: Section
7268, Government Code.
23 CA ADC s 370.16
END OF DOCUMENT
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