23 CA ADC § 370
23 CCR s 370
Cal. Admin. Code tit. 23, s 370
CALIFORNIA CODE OF REGULATIONS
TITLE 23. WATERS
DIVISION 2. DEPARTMENT OF WATER RESOURCES
CHAPTER 1.6. RELOCATION ASSISTANCE PROGRAM
ARTICLE 1. GENERAL
This database is current through 05/26/06, Register 2006, No. 21.
s 370. Definitions.
The following terms shall mean:
"Average Annual Net Earnings" means one-half of any net earnings of the
business or farm operation, before Federal and State income taxes, during
the two taxable years immediately preceding the taxable year in which the
business or farm operation moves from the real property acquired, or
during such other period as the Department determines to be more equitable
for establishing such earnings, and includes any compensation paid by the
business or farm operation to the owner, his spouse or his dependents
during such period. The term "owner" as used in this definition includes
the sole proprietorship, the principal partners in a partnership, and the
principal stockholders of a corporation, as determined by the Department.
For purposes of determining a principal stockholder, stock held by a
husband, his wife and their dependent children shall be treated as one
unit.
"Base Monthly Rent" means the lesser of the average monthly rental paid by
the displaced person for the three-month period prior to initiation of
negotiations for the parcel and 25% of the displaced person's average
monthly income. The economic rent may be considered the average monthly
rental when the displaced person was the owner-occupant of the acquired
dwelling or if the rental actually paid was not reasonably equal to market
rentals for similar dwellings. The "average monthly rental paid" shall
include any supplements supplied by others, except when required by law,
such supplement is to be discontinued upon vacation of the property.
"Business" means any lawful activity, excepting a farm operation,
conducted:
(1) Primarily for the purchase, sale, lease or rental of personal and real
property, and for the manufacture, processing, or marketing of products,
commodities, or any other personal property; or
(2) Primarily for the sale of services to the public; or
(3) Primarily by a non-profit organization; or
(4) Solely for the purpose of moving and related expenses under Section
370.15, for assisting in the purchase, sale, resale, manufacture,
processing, or marketing of products, commodities, personal property, or
services by the erection and maintenance of an outdoor advertising display
or displays, whether or not such display or displays are located on the
premises on which any of the above activities are conducted.
"Comparable Replacement Dwelling" means a dwelling which satisfies each of
the following standards:
(1) Decent, safe and sanitary (as defined in Section 370.04), and
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 than necessary to accommodate the
displaced person.
To the extent practicable and consistent with this section, the
replacement dwelling should be functionally equivalent and substantially
the same as the acquired dwelling, but not excluding newly constructed
housing.
(2) In an area not subjected to unreasonable adverse environmental
conditions from either natural or man-made sources, and not generally less
desirable than the acquired dwelling with respect to public utilities,
public and commercial facilities and neighborhood conditions, including
schools and municipal services, and reasonably accessible to the displaced
person's present or potential place of employment; provided that a
potential place of employment may not be used to satisfy the accessibility
requirement if the displaced person objects for a reasonable cause.
The Act and these regulations do not require the replacement dwelling be
generally as desirable as the acquired dwelling with respect to
environmental characteristics. Though a displaced person does not have to
accept a dwelling subject to unreasonable adverse environmental
conditions, neither is the Department required to duplicate environmental
characteristics, such as scenic vistas or proximity to the ocean, lakes,
rivers, forests or other natural phenomena.
If the displaced person so requests, every reasonable effort shall be made
to relocate such person within or near to his existing neighborhood.
Whenever practicable, the replacement dwelling shall be reasonably close
to relatives, friends, services or organizations with whom there is an
existing dependency relationship.
(3) Available on the private market to the displaced person and available
to all persons regardless of race, color, sex, marital status, religion,
or national origin in a manner consistent with Title VIII of the Civil
Rights Act of 1968.
(4) Within the financial means of the displaced person. A replacement
dwelling is within the financial means of the displaced person if the
monthly housing costs (including payments for mortgage, insurance and
property taxes) or rental cost (including reasonably comparable utility
and recurring expenses such as gardening, garaging, and similar necessary
fees) minus any replacement housing payment available to the person under
the provisions of these regulations does not exceed twenty-five percent
(25%) of the person's average monthly income. A replacement dwelling is
within the financial means of a displaced person also if the purchase
price of the dwelling, including related increased interest costs and
other reasonable expenses, does not exceed the amount of just compensation
provided for the acquired dwelling and the replacement housing payments
available to the person under these regulations.
"Conventional Loan" means a promissory note secured by a trust deed or
mortgage made by a bank or savings and loan association. A conventional
loan is not insured or guaranteed by an agency of the State or Federal
government.
"Counted Room" means that space in a dwelling unit containing the usual
quantity of household furniture, equipment and personal property. It shall
include such space as a recreation room, living room, library, study,
dining room, kitchen, laundry room, basement, bedroom, and garage. Rooms
or storage areas which contain substantial amounts of personal property
equivalent to one or more rooms may be counted as additional rooms.
"Date of Initiation of Negotiations for the Parcel" means the date of the
first written offer to purchase the real property.
"Department" means the Department of Water Resources.
"Director" means the Director of the Department of Water Resources.
"Displaced Person" means any person who moves from real property, or who
moves his personal property from real property, either as a result of the
acquisition of such real property, in whole or in part, by the Department
or by any person having an agreement with or acting on behalf of a public
entity, or as the result of a written order from the Department to vacate
the real property for public use.
A displaced person may or may not qualify as an "eligible person," as
defined in these regulations.
"Dwelling" means the primary residence of a person, including any
single-family residence, a single-family unit in a two-family,
multi-family or multipurpose building, a unit of a condominium or
cooperative housing project, a nonhousekeeping unit, a mobilehome, or any
other residential unit considered to be part of the real property
acquired. A residence need not be decent, safe and sanitary to be a
dwelling. A second home shall be considered to be a dwelling only for the
purpose of establishing eligibility for payment of moving expense
benefits.
"Economic Rent" means the reasonable rental expectancy if the property
were available for rent or lease on the open market based on the rent or
lease payment being paid for comparable space as distinguished from actual
or contract rent or lease payment paid for the acquired property.
"Effective Rate of Interest" means the annual percentage rate paid on the
debt of a mortgage as a result of including debt service charges in the
total interest to be paid on the mortgage debt, as an incident to the
extension of credit, when such debt service charges are normal to the
market.
"Elderly Household" means a household in which the head of household or
spouse is 62 years or older.
"Eligible Person" means any displaced person who is, or becomes, lawfully
entitled to any relocation payment under these regulations.
"Existing Patronage" means the net annual average dollar volume of
business transacted during the two taxable years immediately preceding the
taxable year in which the business is relocated.
"Family" means two or more individuals, one of whom is the head of a
household, plus all other individuals regardless of blood or legal ties
who live with and are considered a part of the family unit. Where two or
more individuals occupy the same family dwelling with no identifiable head
of a household, they shall be treated as one family for replacement
housing payment purposes.
"Farm Operation" means any activity conducted solely or primarily for the
production of one or more agricultural products or commodities, including
timber, for sale or home use and customarily producing such products or
commodities in sufficient quantity to be capable of contributing
materially to the operator's support.
"Gross Income" means the total annual income of an individual, or where a
family is displaced, the total annual income of the adult members of the
household, irrespective of other expenses and voluntary or involuntary
deductions and including, but not limited to, salaries, wages, public
assistance payments, tips, commissions, unemployment, rents, royalties,
dividends, interest, profits, pensions and annuities, less the following:
(1) A deduction of $500 for each dependent in excess of three.
(2) A deduction of ten percent (10%) of the total annual income for an
elderly or handicapped household.
(3) A deduction for recurring, extraordinary medical expenses (defined for
this purpose to mean medical expenses in excess of three percent of total
annual income) where not compensated for or covered by insurance or other
sources, such as public assistance or tort recovery.
(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 household head or spouse, except that the amount
deducted shall not exceed the amount of income received by the person thus
released.
Gross income is divided by twelve (12) to ascertain the average monthly
income. Relocation and property acquisition payments are not to be
considered as income for determination of financial means.
"Handicapped Household" means a household in which any member is
handicapped or disabled.
"Mobilehome" means a structure, transportable in one or more sections
which is built on a permanent chassis and designed to be used as a
dwelling with or without a permanent foundation when connected to the
required utilities and includes the plumbing, heating, air conditioning,
and electric systems contained therein. A self-propelled vehicle is not a
mobilehome.
"Mortgage" means such classes of liens, including Deeds of Trust as are
commonly given to secure advances on, or the unpaid purchase price of,
real property, under the laws of the State of California, together with
the credit instruments, if any, secured thereby.
"Moving Expense" means the costs necessary to pack, crate, disconnect,
dismantle, load, insure, temporarily store, remove, transport, unpack,
uncrate, reassemble, reconnect, reinstall, and unload machinery,
equipment, or other personal property (including goods and inventory kept
for sale) not acquired by the Department, including connection charges
imposed by public utilities for starting utility service and necessary
temporary lodging and transportation of eligible persons. Moving expense
shall not include:
(1) The cost of construction or improvement at the new location to replace
property for which compensation was paid in the acquisition;
(2) Any loss of, or damage to, personal property caused by the fault or
negligence of the displaced person, his agent, or employee in the process
of moving where insurance to cover such loss or damage was available;
(3) Any payment for moving personal property where such property is
purchased as part of the acquisition;
(4) Additional expenses incurred because of living in a new location;
(5) Cost of moving structures, improvements or other real property in
which the displaced person reserved ownership;
(6) Interest on loans to cover moving expenses;
(7) Loss of goodwill;
(8) Loss of business or profits;
(9) Loss of trained employees;
(10) Personal injury;
(11) Payments for search costs in connection with locating a replacement
dwelling.
"Nonprofit Organization" means a corporation, partnership, individual or
other public or private entity, engaged in a business, professional or
institutional activity on a nonprofit basis, necessitating fixtures,
equipment, stock in trade, or other tangible property for the carrying on
of the business, profession or institutional activity on the premises.
"Owner." A person "owns a dwelling" if he:
(1) Holds fee title, a life estate, a fifty (50) year lease, or a lease
with not less than twenty (20) years to run from date of acquisition of
the property for the project;
(2) Holds an interest in a cooperative housing project which includes the
right of occupancy of a dwelling unit therein;
(3) Is the contract purchaser of any of the foregoing estates or
interests;
(4) Has a leasehold interest with an option to purchase;
(5) Owns a mobile unit which under State law is determined to be real
property, not personal property;
(6) Who has succeeded to any of the foregoing interests by devise,
bequest, inheritance or operation of law. In the event of acquisition of
ownership by any of the foregoing methods, the tenure of ownership, not
occupancy, of the succeeding owner shall include the tenure of the
preceding owner.
"Owner-Occupant" means an owner who occupies the residential dwelling
being acquired by the Department as his primary residence.
"Person" means any individual, family, partnership, corporation or
association.
"Prepaid Expenses" means items paid in advance by the seller of real
property and prorated between such seller and the buyer of such real
property at the close of escrow including, but not limited to real
property taxes, fire insurance, homeowners' association dues and
assessment payments.
"Primary Residence" means a residential dwelling which is occupied as the
occupant's domicile. A dwelling will qualify as a primary residence when:
(1) The occupant has lived in the dwelling to be acquired for more than
50% of the time in the year prior to the State's first written offer; and
(2) The occupant officially acknowledges the residential dwelling as his
primary residence by voter registration, address on tax returns, home
owners exemption, mailing address, proximity to occupant's work, schools,
etc.
"Purchase" as used in connection with claiming replacement housing
payments with respect to:
(1) Real property means the close of escrow by which the title to
replacement property was conveyed to the claimant of a relocation payment;
or if no escrow was used, "purchase" means the delivery to such claimant
of the deed to the replacement property or the delivery of a completely
executed installment contract for purchase. (2) Mobile homes means the
registration of the vehicle with the California Department of Motor
Vehicles in the name of the claimant. (3) For purpose of this Article, the
leasing of a condominium or other suitable dwelling for a fifty (50) year
period, or for a term which exceeds the life expectancy of the displaced
person as determined from the most recent life tables in Vital Statistics
of the United States, as published by the Public Health Service of the
Department of Health, Education and Welfare, shall be deemed a purchase of
a condominium or other dwelling.
"Relocation Payment" means any payment made under the provisions of this
Article; including, but not limited to, payments for: actual or reasonable
moving expense, payments made in-lieu of moving expense, purchase
differential payments, rental differential payments, interest differential
payments, and payments covering incidental expenses of the acquisition of
replacement properties.
"Stated Mortgage Interest Rate" means the annual percentage rate to be
paid on the debt of a mortgage as set forth in the mortgage or other
credit instrument.
"Tenant-Occupant" means a person who rents or is otherwise in lawful
possession of a dwelling, including a sleeping room, which is owned by
another and is the displacee's primary residence.
Note: Authority cited: Section 7267.8, Government Code. Reference: Section
7268, Government Code and "Guidelines" adopted by the Commission of
Housing and Community Development.
HISTORY
1. Renumbering of Subchapter 1.6 (Articles 1-2, Sections 380-390) to
Subchapter
1.7 and new Subchapter 1.6 (Articles 1-3, Sections 370-370.40, not
consecutive)
filed 1-18-80; effective thirtieth day thereafter (Register 80, No. 3).
23 CA ADC s 370
END OF DOCUMENT
(C) Copyright 2006, Result Oriented Marketing, Inc.
For Further Assistance Visit : www.mcmillanlaw.us and www.fearnotlaw.com
|
