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HomeMy WebLinkAbout1984-05-30 84-219 ORDER64-219 Introduced by Councilor Frankel, May. 30, 1984 oil CITY OF BANGOR (TITLE.) Mrhr....... _APproving and Mopting commal Development Program Dis2ju Minimization end Relocation Assratanc Play By the City Cound l of Ila City ofBcmpw: OROE6PuD, THAT WHEREAS, the City Council of the City of Bangor, in making application for funds under Title I of the Housing and Community Development Act of 1974, as amended, Is required to develop, adopt, and make public a statement of local policy Indicating the steps that x111 be taken, consistent with other goals and objectives of the Community Development Block Crant Program, to minimize displacement of persons from their homes add neighborhoods and to mitigate the adverse effects ad any such displacement on low- and moderate -income persona; and WHEREAS, the City of Bangor Community Development Program Displacement Minimization and Relocation Assistance Plan establishes uniform policies and procedures to be adhered to by the Planning and Community Development Department in providing relocation assistance to individuals, families, businesses and others displaced as a result of Community Development Program activities; and WHEREAS, the City of Bangor Community Development Program Displacement Minimisation and Relocation Assistance Plan has been developed as a resalt of the requirements, and in conformity with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and regulations promulgated by the Department of Housing and. Urban Development and provides assurances that the City will: 1. Provide fair and reasonable relocation payments and assistance in accordance with Sections 202, 203, and 204 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act (P.L. 91-646) and applicable BUD regulations, to or for families, Individuals partnerships, corporations or associations displaced as - result of any acquisition of real property for an activity assisted under Its Community Development Program; In City Council May 30,1904 - Passed 04419 ORDER Title, ._.,, '84 MAY 23 NO *5 city cLoOK Approving and Adopting COmwnity DeveldEment CI PECEI`!EED ...................................... YOF DANGOR Pacgr® Displacement Miniaacion and Relocation CITY CLERK ...................................... Assistance Plan Introduced and filed by _ Councilmen " . 2. Provide relocation assistance programs offering the services described in Section 205 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act (P.L. 9)-646) to such displaced families, individuals, partnerships, corporations or associations In the manner provided under applicable HUD regulations; 3. Within arsnable time prior to displacement, make available todisplaced families and individuals in accordance with Section 205 (c) (3) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act (P.L. 91-646), decent, safe, and sanitary replacement dwellings; 4. Inform affected persons of the benefits, policies, and procedures provided for under HUD regulations; 5. Carry out the relocation process in such e manner as to provide displaced persons with uniform and consistent services, and make available replacement housing in the same range of choices with respect to such housing to all displaced persona regardless of race, color, religion, r national origin. NOW THEREFORE BE IT ORDERED, by the City Council of the City of Bangor that the Community Development Program Displace- [ Minimization and Relocation Assistance Plan dated May, 1954 and on file With the City Clerk, Is hereby approved and adopted. STATEMENT OF PACT: This Plan supercedea the Community Develop- ment Program - Relocation Plan approved and adopted by passage of Council Order 323 AC on August 25, 1975.+ 84-219 CITY OF BANGOR COMMUNITY DEVELOPMENT PROGRAM DISPLACEMENT MINIMIZATION AND RELOCATION ASSISTANCE PLAN MAY 1984 This Plan establishes the policies and procedures to be followed by the Planning and Community Develop- ient Department in providing relocation assistance to ndividuals, families, businesses and others displaced as a result of Community Development Program activities. This Plan was developed as a result of the requirements, and in conformity with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and regulations Promulgated by the Department of Housing and Urban Development. TABLE OF CONTENTS A. PURPOSE - 1 B. APPLICABILITY 1 C. CONFLICTS 2 D. DEFINITIONS 2 E. POLICY TO MINIMIZE DISPLACEMENT 16 F. ADMINISTRATIVE ORGANIZATION 11 1. Administrative Agency 11 2. Organization Of Relocation Staff 11 G. RELOCATION STANDARDS 11 1. Physical Standards 11 2. Occupancy Standards 12 3. Ability -to -pay Standards 12 4. Environmental Standard 13 5. Equal Opportunity Standards 13 H. ASSISTANCE TO BE PROVIDED FAMILIES AND INDIVIDUALS 13 1. Referral to Vacancies 13 2. Needs and Resources 13 3. Equal Opportunity 13 4. Informational Program 14 S. Referrals and Assitance in Obtaining Housing 14 6. Social Services 16 ]. Self-RelOCatiOn and Inspections 16 E. Inspection of Replacement Dwelling 16 9. Temporary Moves 1B 12. Termination of Relocation Assistance '2E 11. ..Eviction Policy 21 12. Relocation Records 21 13. Department Evaluation of Relocation 22' I._ ASSISTANCE TO BE PROVIDED TO BUSINESS CONCNRNS, NON-PROFIT ORGANIZATIONS AND FARM OPERATIONS 22 1. Services to be Provided 22 �. POSITIVE ACTIONS TO ASSURE THAT REFERRALS WILL BE IN KEEPING WITH THE REQUIREMENTS OF TITLE VIII OF THE CIVIL RIGHTS ACT OF3968 _ - 23 K. GRIEVANCE PROCEDURE 23 L. COMPLIANCE WITH FEDERAL LAWS, RULES AND REGULATIONS ZS M. DISPLACEMENT NOT CAUSED BY COMMUNITY DEVELOP- MENT ACTIVITY 26 N. RELOCATION RECORDS 27 City of Bangor Community Development Program Displacement Minimization and Relocation Assistance Plan May 1989 A. PURPOSE This plan establishes the policies and procedures to be implemented by the Planning and Community Development Depart- ment in. 1. Minimizing the involuntary, permanent relocation of households, individuals and businesses resulting from Community Development Block Grant funded o assisted property acquisition and/or substantial rehabilitation; 2. Providing relocation benefits required by the Uniform Relocation and Real Property Acquisition Policies Act of 1970 (Uniform Act), as amended, and 3. Providing z nable benefits to involuntary and permanent displacees not covered by the Uniform Act. APPLICABILITY The policies and procedures established by this Plan are applicable to: All Community Development Block Grant (CUSS) funded Or assisted acquisition, code enforcement, demolition and/or substantial rehabilitation of privately owned or occupied property, used residentially or commercially, and To all involuntary, permanent displacement of house- holds, individuals, and businesses as a result of Community Development Block Grant funded o isted Property acquisition, code enforcement, demolition or substantial rehabilitation. C. CONFLICTS In the case of conflicts with the policies and procedures of this Planthe provisions of the Uniform Relocation and Real Property Acquisition Policies Act of 1970, as amended and the currently published regulations at 24 CPR Part 42, Uniform Relocation Assistance and Real Property Acquisition take precedent. D. DEFINITIONS Except where otherwise noted, the following definitions apply to this Plan: _ 1. Acquired Dwelling The term "acquired dwelling" means the dwelling acquired with or with the assistance of CDBG funds. 2. Business The term "business" means any lawful activity, except a farm operation, that is - a. Conducted primarily for the purchase, sale, lease, and/or rental of personal and/or real property, and/or marketing of products, commodities, and/or any other personal property; or b. Conducted primarily for the sale of services to the public. 3. Comparable replacement dwelling The term "comparable replacement dwelling" means a dwelling that is: a. Decent, safe, and sanitary as described in 4, below; b. Functionally equivalent to and substantially .. - the same as the acquired dwelling with respect to the number of r and a of living .space (but not excludir ng new construction nor excluding larger dwellings necessary to comply with the decent, safe, and sanitary criteria of 4, below; C. Demonstrated to be available to all persons regardless of race, color, religion, s or national origin i amanner consistent with the requirements Of Title VIII of the Civil Rights Act of 1968 142 U.S.C. 3601 at seg.), and available without discr amination based on source of income; 3 d. In an area not subjected to unreasonable adverse environmental conditions from either natural or manmade sources and in aarea not generally less desirable than that ofthe acquired dwelling with respect to public utilities and public and commercial facilities; e. Reasonably accessible to the place of employ- ment of the displaced person or, if unemployed (but employable(, reasonably accessible to sources of employment; I. Available at a rental or purchase price within the ability -to -pay of the displaced person. A replacement dwelling shall be considered with- in the ability -to -pay of the displaced person if, after he receives a replacement housing payment and any available housing assistance payments, his n monthly housingcost (defined at Sec. 42.67) for the replacement dwelling does not aceed thirty (30( percent of the monthly gross i of all adult embers of the household, including supple- mental income payments received from public agencies. If the person's monthly income pattern is irregular, the City shall base its determintion of a rage gross monthly income n the period of time, actual and/or Projected, that most fairly and equitably represents the person's ability -to -pay; g. Actually available to the displaced person on the private market. However, in the case of a tenant who is displaced from a government red or subsidized dwelling and who elects to rent (rather than purchase) a replacement dwelling, the comparable replacement dwelling(s) may be similarly government owned or subsidized. 4. Decent, Safe, and Sanitary Dwelling a. General. The term "decent, safee and sanitary dwelling" means a dwelling which - (1) Meets applicable local housing and occupancy codes; (2) Is structurally sound, clean, weather- tight and in good repair; (3( Has an adequate and safe electrical wiring system for lighting and other electrical services) (4) Meets the requirements of the HUD lead- based paint regulations (24 CFR Part 35) sued under the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4831 at seg.). If the City determines that a replacement housing payment may have to be denied because the replacement dwelling does not meet this pro- vision, the State agency shall notify HUD at least 15 days in advance of the denial. The notification .shall indicate the efforts made to obtain compliance with this provision; (5) In case of a physically handicapped person, is free of any architectural barriers. To the extent that standards prescribed by the American National Standards Institute, Inc, in publication ANSI A117.1 -1961(R 1971), are pertinent, this provision will be considered met if it meets those standards; (6) Has adequate beating; (7) Has habitable sleeping area that is adequately ventilated and sufficient to accommodate the occupants; (8) Has (01, if not a housekeeping unit, has access to) a separate well -lighted and ventilated bathroom, affording privacy to the that contains a sink and bathtub o shower stall, properly connected to hot and cold water, and a flush toilet, all in good working order and property connected to a sewage drainage system; and (9) In the case of a housekeeping dwelling, has (f) a kitchen area that contains a fully usable sink, properly connected to potable hot and cold water and to a sewage drainage system, and adequate space and utility service connections for a stove and a refrigerator, and (it). adequate living area. b. Section 6 housing. Any existing replacement dwelling, which is assisted under the section 8 housing assistance payments program (see' Sec. 42.61(c)) and which is found to meet the section 8 housing quality standards shall be considered to be a decent, safe, and sanitary dwelling under the regulations in thisPart. Displaced person a. General. The term "displaced person" means any person who moves from the real property or moves his personal property from the real property - (1) As a result of the City's acquisition of such real property in whole or in part ; or (2) As a result of the written order from the City to vacate such real property for the project. b. Displacement for code enforcement, demolition, or rehabilitation. If a person moves as a direct result of code enforcement, demolition or rehabilitation funded o isted under the Community Development programs, he is deemed to have been displaced and to be a displaced person. (1( In the case of a displacement a result of code enforcement or demolition, theCity must determine that the code enforcement or n demolition is i accordance with the pro- visions of this plan and cannot reasonably be undertaken without the vacating of the real property (other than for temporary period). As soon as feasible, the City shall issue a written notice to vacate to each person occupying the real property. (2) In the case of rehabilitation, the City shall (i) enter into a written agreement with the owner of the real property under which the rehabilitation activities will be undertaken in accordance with HUD policies and require- entsand City's, (if) determine that such activities cannot be undertaken without the vacating of the real property (other than for atemporary period), and (iii),issue a written notice tovacate to each person and business occupying the real property. C. Notice of displacement. If a person moves or moves his personal property onor after the effective date of a notice of displacement issued to him by the City, he is considered to have been displaced as a result of the City's activity and to be -a displaced person under these regulations. Persons not displaced. This paragraph contains anxclusive listing of persons not displaced. Anperson is not considered to have been displced as result of acquisition or an order to vacate the real property for the project and is therefore not a displaced person if - (1) He moves before the effective date of the notice of displacement issued by the City, or, (2) He initially enters into occupancy of the property after the date of its acquisition by the City and, prior to occupancy, he is notified in writing that he will not be eligible for relocation payments or other assistance ander the Uniform Act or HUD regulations; or (3) He is a tenant occupying a dwelling and has been properly issued a notice of right to continue in _occupancy; or (4) He begins his move after receiving a notice of the determination notto acquire the property unless be has been issued a notice of displacement which has not been cancelled; or (5) He isowner-occupant who voluntarily agrees tomove a for a temporary period in order to carry out the rehabilitation of the real property, and the City does not acquire the property or require the owner to move from the property; or (b) He retains a life estate interest in the real property giving him the right to continue occupancy for the remainder of his life; or (7) His relocation is required in Order to permit fumigation orother code enforcement work and is limited to a temporary period not to exceed five calendar days. Dwelling The term "dwelling" means the place of permanent o customary and usual residence of a person, y ncluding a single-familyhouse, a single-family unitin a two-family, multi -family or multi-purpose property, a unit of a condominium orcooperative hoosing project, a nonbousekeeping unit, a mobile home, or any other residential unit. J. Fair Market Rent The term "fair market rent" means the charge being s paid for the unsubsidized a of similar or equivalent real property insimilar areas. R. Fair Market Value The term "fair market value" means the value cognized under applicable em inent domain law a the appropriate measure of consideration for the o taking of the real property. 9. Farm operation The term 'farm operation" means any activity con- ducted solely or primarily for the production of one r 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 supppoft. 10. HUD The term "HUD" means the Department of Housing and Urban Development. 11. Initiation of Negotiations a. General. Except as provided in paragraphs (b) and -(c) of this section, the term "initiation of negotiation" means the initial written offer by the City to the owner to purchase real property for the project for the amount determined to be just compensation. b. Rehabilitation. Whenever a rehabilitation activity is involved and there is no City acquisition, the execution of the written agreement between the City and the owner of the property under which the rehabilitation will be undertaken is .deemed to be the "initiation of negotiations". C. Code enforcement or demolition. Whenever a code enforcement or demolition activity i volved and there is no City acquisitions the City's notice to vacate the real property i deemed to be the "initiation of negotitions". N 12. Monthly Housing Cost a. General. The term "monthly housing cost" for a dwelling that is rented means the average monthly cost for rent and utility charges. The term "monthly housing cost" for a replace- ment dwelling purchased by a displaced person means the average monthly cost for all mortgage payments, real property taxes, and reasonable utility charges. b. Computation of monthly housing cost for replacement dwelling. A person's monthly housing cost for a replacement dwelling shall be a projected amount that includes one - twelfth of the estimated reasonable annual cost for utility charges. 13. Mortgage The term'mortgage" means a lien commonly given to n secure a advance o r the unpaid purchase price of, real property under the laws of the State i which the real property is located, together with any credit instrument(s) secured thereby. 14. Owner The term "owner" means any person who holds any of the followinginterests in real property to be acquired for the project - a. Fee title, a life estate, a 99 -year lease, or a lease, including options for extensions, with at least 59 years to ran from the date of acquisition; or 'b. An interest in a cooperative housing project which includes the right to occupy a dwelling; or I C. A contract to purchase any of the interests or estates described in paragraphs a. or b, of this section; o - d. Any interest which in the judgement of the City of HUD warrants consideration as owner- ship. - 0 15. Person The term "person" means any individual, partnership, corporation, or association. Two or more individ- uals, whether or not they are members of the same family, who live together in a single family dwelling and are displaced from such dwelling, shall be regarded as one person, unless the City deter- mines that separate tenancies exist. 16. Personal Property The term "personal property" means tangible property located on the real property that is not compen- sated fox (other than for moving expenses) in the real property acquisition. 17. Salvage Value The term "salvage value" means s the probable sale price of a item, if offered for sale on the condition that it will be r ved from the property at the buyer's expense, allowing a reasonable period Of time to find a person buying with knowledge of the uses and purposes for which it is adaptable and capable of being used, including separate use of serviceable components and scrap when there is no reasonable prospect of sale except on that basis. 18. Tenant The term "tenant" means a person who rents or i temporarily in possession of an interest in real property. _ 19. Uniform Act The term "Uniform Act" means the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (84 Stat. 1894; 42 U.S.C. 4601 et.seq.; Pub. L. 91-646). _ 20. Utility Charges The term "utility charges" means the cost for heat, hot water, lighting, water and .sewer, and trash removal. M E. POLICY TO MINIMIZE DISPLACEMENT It is the policy of the City of Bangor that the involun- tary and permanent displacement of households, persons and businesses resulting from Community Development Block Grant (CDBG) funded or assisted Property acquisition, demolition and rehabilitation activities will be minimized to the maximum extent practical and consistent with the goals and objectives of the Community Development Program and applicable Community Development Plans. CDBG funded or assisted projects will be evaluated to determine compliance with this policy by application of the following criteria: 1. Property Acquisition for Rehabilitation: Real property will be acquired for rehabilitation only when necessary and appropriate for purposes of: a. Rehabilitation When the owner refuses to Ming the property up to minimum code standards; b. Creating a rehabilitation demonstration structure and project area office; or C. Rehabilitation of a historically or archi- tecturally significant property listed a a Historic Landmark or is within a Historic District identified in Chapter VII, Article 4 of the Ordinances of the City of Bangor - "Historic Preservation", or is listed in or eligible to be listed in the National Register of Historic Properties or is located within a district listed in or eligible to be listed in the National Register Of Historic Properties. 2. Property Acquisition for Clearance: Real property will be acquired for clearance only when the property does not meet minimum code standards and rehabilitation is not appropriate or feasible. Acquisition and clearance activities may be carried Out t0: a. Remove blighted and slum properties and properties having a blighting influence on other surrounding properties; b. Provide land necessary for needed public improvements and/or facilities, open space and/or Planned redevelopment for housing or economic development. 11 C. Remove uses incompatible with the appropriate Land Use Plan. All CDBG funded Or assisted acquisition, rehabilitation and clearance activities which result in the involuntary and permanent displacement of households, persons or businesses will be carried out only after alternative actions which would not result in voluntary and permanent displacement are valuated and determined to be inappropriate, ineffective, unfeasible, or not cost effective. P. 1. Adminiatx ative Agency: The Planning and Community Development Department of the City of Bangor (here- inafter referred to as the "Department') will be responsible for the development of the relocation plan and will administer relocation activities. It will be responsible for the relocation of displaced families and individuals and will assist displaced businesses. The Department will administer reloc- ation assistance and payments in accordance with federal law and the Department of Housing and Urban Development (HUD) policies, standards and regu- lations. 2. Or gani za[i on of Relocation Staff: The Director of Planning and Community Development (hexeinafteu referred to as the 'Director") will administer relocation for the Department following the pro- cedures and policies outlined herein and in compliance with applicable rules and regulations established by the Department of Housing and Urban Development (hereinafter referred to as "HUD"). The Director may be assisted by a Relocation Officer and such other staff as necessary. The Relocation Officer will be in immediate charge of the relo- cation records, interviews, counseling, and in- vestigation of relocation units, The relocation staff will be trained, competent, sensitive to human relationship, and reflect a variety of skills, including the capability to assist business G. RELOCATION STANDARDS 1. Physical Standards: Dwellings will be considered decent, safe, sanitary and comparable for relocation of displaced families if such dwellings are sound, clean, in eatbertight condition, and in conformance with therequirements of theapplicableCity of 12 Bangor codes and HUD Section 8 standards (herein- after referred to a "the code"). Dwellings most also be adequate in size to meet the needs of each family or individual a. Housekeeping Unit: A housekeeping unit must nclude a kitchen with fully usable sink; a stove, or connection for same; a separate and complete bathroom; hot and cold running water n both the bath and kitchen; an adequate and safe wiring system for lighting and other electrical services; and heating a required by the code.For purposes of comparability, these will be considered minimum requirements, not limitations. b. Non-Housekeepi g Unit: The standards for n - housekeeping units will conform to the requirements of the code as they relate to boarding houses. 2. Occupancy Standards: Every dwelling unit shall contain at least 100 square feet of floor space per occupant and amaximum of 1 1/2 persons per room. Every 'sleeping r shall contain a minimum o£]0 square feet of floor area and at least 50 square feet per person. A child under 10 years shall be considered one-half person. 3. Ability -to -Pay Standards: No family or individual shall be referred to a comparable replacement dwelling unit which exceeds the family's or indi- vidual's'ability to pay. In general, the average monthly housing cost of the replacement dwelling should not exceed 30 per cent of the average monthly gross income of the family or individual plus the amount of any replacement housing payment on a monthly basis the family or individual is eligible to receive. The average monthly rental or housing cost shall include monthly mortgage payments, in- surance rance for the dwelling unit, property taxes, utilities, and other reasonable recurring expenses. The average monthly gross income shall be the a ual gross income for the period prior to displacement from all sources of each member of the family residing in the household who is 18 years of age o older (except that the income of a head of household r his spouse who is under 18 shall be included) divided by 12. If the average monthly gross income s derived from the above method does not result in realistic determination of average monthly gross income, an alternate period, actual or projected, may be used :n such situations to determine average monthlygross income. 13 Environmental Standaxds: A comparable dwelling unit will be be x'a location not not subjected to unreasonable adverse any ental conditions, natural o man- made; not generally less desirable than thelocation of the acquired dwelling with respect to public utilities and services, schools, churches, recre- ation,transportation, and other public and commer- cial facilities; and accessible to the displaced person's present or potential place of employment. Equal OOpor tunitY S[anda rds: All replacement 'M1ous�ng fox lxatings and referrals will be demon- strated to be open to all regardless of race, color, religion, or national origin, a manner consistent with Title VIII of the Civil Rightsact1968, and available without discrimination based on source of income (e.g., welfare). The Department will also comply with: a. Executive Order 11063. In. Title VI of the Civil Rights Act of 1964. C. The general provisions of the Maine Human Rights Act. d. The Fair Housing section of the Maine Human Rights Act. M. ASSISTANCE TO BE PROVIDED FAMILIES AND INDIVIDUALS 1. Referral to Vacancies: Families and individuals w Il.be d Only to vacancies whose location and characteristics are in reasonable conformity with their needs and special problems, and which meet the requirements of the Relocation Plan. 3. Needs and Resources: A complete survey of all fam�hea, ind i vid uaind i vid uals and businesses to be displaced will be conducted prior to acquisition of property. Income and bedroom size requirements for all the families and individuals will be determined. The needs and preferences of relocatees will be matcbed with the available housing resources. Counseling needs will be ascertained and necessary referrals made. 3. Equal CeportunitY: In carrying out relocation activities, the Department will take affirmative action to provide displaced families and individuals maximum opportunities of selecting replacement housng within the community's total housing supply; lessen racial, ethnic, and economic concentrations; and facilitate desegregation and racially inclusive patterns of occupancy and use of public andprivate facilities. 14 Infoxmationel Program: The Department shall prepare and cans stational materials to every area resident to be displaced or otherwise affected by the program or project. Separate informational material shall be prepared for business concerns (including non-profit organizations and farms) when appropriate. In addition to distributing infor- mational material, the Department shall conduct personal interviews and maintain personal contacts to the maximum extent possible. Informational materials should be publicized in the languages) most easily understood by all persons affected. Publicity on the scope and nature of the project or programs, as well as the benefits available, will utilize local media available to all persons. Referrals and Assistance in Obtaining Housing: a. Referals: The Department will provide infor- mation to residents on the availability, prices and rentals of comparable, decent, safe and sanitary sales and rental housing, in keeping with the relocation standards. The Department will provide residents to be dis- placed with information of currently available dwelling units of appropriate size to meet their needs, and which are within their ability to pay. Relocation housing will be inspected to assure that it meets the relo- cation standards. Ho individual or family may be relocated to a nit which:sstructurally substandard or which fails to meet codes and ordinances. In making referrals, the Department will give consideration to the proximity of the dwelling nit to the wage earner's place of employment or potential employment as well as to prox- imity to public transportation and any other Public facilities essential fox the successful adjustment of the family of individual. The Department will refer all interested, appar- ently eligible families and individuals to the Bangor Housing Authority for filing an application for priority in admission to public or assisted housing. When appropriate, the Department will assist in preparation of an application'. _ 15 b. Assistance in Obtaining Housing: (1) Problems Encountered by Families o Individuals: tam ilies and indfvrduals will be advised to refer to the Depart- ment any problems experienced i obtaining housing or other accommoda- tions. It is the obligation of the Department t0 assist in solving problems which arise in connection with availability or acsibility of accom- modations - modations whetherr o not the displaced person was referredto the accommodation by the Department. (2) Information on Available Housing: The Department has the [espgns ibil r ty to provide prompt information on ayailable sales and rental housing and to assist families and individuals in obtaining units Of their choice. (3) Assistance to -Pr oa ectlVa Homeowners: The Department will provide ass stance to prospective homeowners in obtaining mortgage financing, including helping in the preparation and submission of purchase offers, obtaining credit reports, and verifying employment where this is necessary to. effect the pur- chase,andmaking any other arrangements with lending institutions to facilitate the obtaining of loans, particularly for minority -group and low-income families and individuals. c. HOusinq Discrimination Complaint: If a family r ins ivfaual i e—b to or rent a replacement dwelling because of discriminatory practices relating t0 race, color, creed, se or national origin, Form HUD 903 - Housing _ Discrimination Complaint - will be made avail- able to .each family or individual so aggrieved. It will be the obligation of the Department to take positive action to assist each individual and family, as well asbusi- ness concerns, to have the full opportunity to relocate to a site or dwelling of their choice. 16 b. Social Services: All families and individuals shall Us provided with ready, facilitated access to needed social services and counseling both prior to, and subsequent to relocation. Necessary services and counseling shall also be made available to those residents who do not move, whenever the need arists. The Department will provide, or have provided, all necessary job, financial, educational, health, and other services and counseling needed and shall follow up to determine whether the services have been provided and adequately utilized. The Department will work closely with the Bangor Health and Welfare Department which will provide and coordinate nary social services such as: Division of Family Services, Maine Department of Health and Welfare; The Counseling Center; Division of Alcoholic Services; Bankruptcy Court; Bangor District Nursing Association; Bangor Senior Citizens Council; Meals for Me; Youth Aid Bureau; Day Care Centers; Maine Bureau of Human Relations Services; Maine Employment Security Commission; COMBAT; Penquie C.A.P.; Maine Civil Liberties union;. Bureau of Rehabilitation; and Bureau of Social Welfare. %. Self -Relocation and Inspectlo: The Department W1'aspect the dwell Ings one C self -relocated fami- lies and individuals prior to the move if at all passible. When the Department does not have prior knowledge of the move, the family or individual must be traced. If a dwelling is found to be substan- dard, the Department must offer assistance i c securing standard accommodations. If the family or individual declines aeonable number of offers of standard dwelling units and its present dwelling nit does not meet code requirements of the local- ity, the Department will, in the case of rental units, refer the matter to the local code enforce - ant agency with the objective of requiring the landlord to bring the unit into conformity with local codes. The Department will request noti- fication from -the code enforcement office when the deficiencies have been corrected. Inspection of Replacement Dwelling: a. Requitement. The Department i responsible for the inspection of the replacement dwelling to which each displaced family or individual moves and shall maintain inits files a dwelling inspection report indicating the condition of the unit. 1] b, Procedures: (1) Timing of Inspection. Replacement dwelling units should be inspected prior to the time that the displaced family or indi- vidual moves in, if at all possible. (2) Relation of Condition of Unit to Eligibility for Relocation Payment. A family or individual who moves to a replacement dwelling that does not meet the requirements of the Code is not eligible for a replacement housing payment. However, if a family o individual moves to a unit that meets the requirements of the Code but does not meet the environmental or equal opportunity standards fox housing listings and referrals, eligi- bility for a replacement housing payment i not affected. The condition of the replace- ment dwelling to which a displaced family or individual moves does not affect eligibility for a relocation payment for moving and related expenses. (3) Unit Found to be Substandard. If the. dwelling unit to which a displaced family or individual moves does not meet the require- ments of the Code, the Department shall: (a) Notify the occupant(s), in writing, that unless the unit is brought up to approved standards or the occupants) moves to another unit which is in confor- mance with the requirements of the Code, no replacement housing payment may be made. The notification shall state that the Department will provide all possible assistance to enable the occupant(s)'. to occupy housing that is decent, safe, and sanitary but, to he eligible for the .payment, the occupant(s) must meet specified time requirements (1 year related to the date of the initial displacement. (b) Notify the Code Enforcement Officer that the dwelling is not in conformity with local housing codes. The Department shall request notification from the Code Enforcement Officer when the deficiencies have been corrected. is Temp O[a[v Moves a. General: The Department will be required to minimize the use of temporary relocation resources, but may use such resources (includ- ing mobile homes) when adequate permanent relocation resources are not available at the time of displacement from the neighborhood, o when the HUD -approved project plan anticipates moves back into completed accommodations in the project or program a Temporary relocation will not diminish the responsi- bility of the Department to offer relocation assistance and services designed to achieve permanent relocation of site .occupants into suitable facilities. b. Conditions Under Which TeL Moves MaY Be Permltted: No temporary moves will be undeo- taken without the prior approval of the Department and only if the following con- ditions are met: (1) Families and individuals (a) The move is necessitated (i) in. the casof a nc e[gey, (i i) where a individual or family i subject to economic hardship or conditions hazardous to his or his family's health or safety, or (iii) in extraordinary situations where in the absence of a temporary move, the progress of the project or program would be substantially delayed; or - The HDD-appL Oyed p[oiect plan ant LCipa t es. res back rnto completed accommodations To the project or program area. (b) The temporary housing is decent, safe, and sanitary and within the finan- cial ns of the family or individual (or alternatively, local rent assistance will be provided if the temporary housing is not within the financial means of the family or individual). (c) The Department will have determined that within 12 months —of the date of the temporary move, or such longer period the Depaxtment may approve upon request or a part of the project plan, replacement housing meeting the criteria specified in the relocation standards of the Plan will be available for occupancy by the persons temporarily rehoused. 19 (d) Prior to a temporary move, the Department shall have provided written assurance to each family and individual that: Replacement housi n9�e[inq the housing standards will be a azlable at L>�— earliest possible time but inany event o later than 12 months from the date of the temporary move, unless a longer period has been approved. Replacement housing will be made a ail - able, on a p[Soxity basis, to the family individual who has been temporarily moved. The mo a to temporary housing will not affect vaect cTigzbility for a replacement housing payment nor deprive him of the same choice of replacement housing units that would have been made available had the temporary move not been made. If the pntroject plan anticipates moves back io replacement housing accomme- nations In the project or program area, theindividual or family who has been temporarily displaced will be given priority opportunity to obtain such housing accommodations. (2) Busi nee6 ConcexDO and Nonprofit Organrzatrons (a) The move is necessitated (i) in the ase of —emergency, (ii) the business concern or nonprofit organization is subject to economic hardship, or its employees to conditions hazardous to health and safety,. or (iii) in extra- ordinary situations where in the absence of such a temporary move, the progress of the project of program would be sub- stantially delayed; or The HUD -a oveao'ect la a 4 n an tici an tea moves back into completed o aos To the project or program area.. 20 (b) Prior to a te�rary move, if the project plan so provrdes, the Department shall give s written assurance to each business concern or non-profit organi- 2ation that accommodations will be available in the project area. 19. Termination of Relocation Assistance: It will be Department policy that assistance to a family, indi- vidual, business concern, nonprofit organization, or farm operation shall continue until permanent relocation has been successfully achieved and all relocation payments made. In general, the only circumstances under which the Department's obliga- tion ceases are the following: a. The family of individual has moved to a suit- able standard permanent replacement dwelling and has received all necessary assistance and - payments. b. All possible efforts to trace a family or individual have failed. C. The family or individual has moved out of the city and even though the address isknown, it is not feasible to inspect the dwelling because of the distance, but nevertheless, payment to which the person is entitled has been made. d. The family or individual moves to substandard housing and has refused reasonable offers of additional assistance in moving to a suitable standard dwelling. e. The business concern, nonprofitorganization or farm operation has received all assistance and paymentstowhich it is entitled, and has either been successfully relocated or ceased operations. f. The site occupant refuses to accept one of a reasonable number of offers of accommodations meeting approved relocation standards. (In the case of continuous refusal to admit a relocation interviewer who attempts to provide assistance, visits the site occupant at —,reas_ possinably convenient times-, and has, whenever ble, given notice of his intention to sit the site occupant, the Department will rite, telephone, or take other reasonable steps to communicate with the site occupant before terminating assistance.) 21 11. eviction policy: eviction is permissible only a a last resort. It in nway affects the eligibility of evicted displaced persons for relocation pay- ents, every effort shall be made to prevent fiction by a private landlord. Department reloca- tion records must be documented to reflect the specific circumstances surrounding the eviction from Departmentacquired property. eviction from Depart- ment acquired property shall be undertaken only for one or more of the following reasons: a. The failure to 'pay rent except in those cases where the failure to pay is based upon the Department's failure to keep the premises in habitable condition. b. Maintenance of nuisance or use of the premises for illegal purposes. C. A material breach of the rental agreement. d. refusal to accept one of a reasonable number of offers of accommodations meeting approved relocation standards. e. The eviction irequired by state or local law, and cannot be prevented by the Depart- ment. 12. Relocation Records: The Department will keep up-to- date records on the relocation of all site occupants. These records will be retained for HUD inspection and audit for a period of three years following completion of the project or program or the completion of the making of relocation payments, whichever is later. The Department will maintain and submit to HUD periodic progress reports on relocation. The Department will develop and maintain a reloca- tion record, beginning with the information secured during the first interview to assess the needs of the displaced person. A separate record will be prepared for each family, even though the family may not be maintaining a separate household( each indi- vidual maintaining a self-contained housekeeping Unit, or a non -housekeeping unit{ and each business concern, nonprofit organization, and farm operation. The record will contain all data relating to reloction of the displaced person, including the nature and dates of services that are provided, the type and amount of relocation payments made, and the location to which those displaced are relocated, including a description of the accommodations. 22 13. Department Evaluation of Relocation: The Department will periodically evaluate the relocation advisory assistance program to gauge its effectiveness i persons affected by HUD -assisted programs assisting projects. In evaluating the relocation program, the Department will consider both the quality and quantity of services provided. The following factors are among those which will be considered: a. The effectiveness of relocation in upgrading the housing and overall environmental conditions of persons displaced. b. The extent of resident involvement in planning and execution of the relocation program. C. The method(s) for identifying significant problem areas and the procedures utilized in obtaining satisfactory solutions. d. The effectiveness of the social service program, including counseling services, helping residents adjust to relocation and in helping solve individual and family problems. I. ASSISTANCE TO BE PROVIDED TO BUSINESS CONCERNS, NON-PROFIT ORGANIZATIONS AND FARM OPERATIONS 1. Services to be Provided: Among the services which the Department will provide to business concerns, non-profit organizations and farm operations are the following: a. Consultations: The Department will consult with the owner or operator to determine the need for relocation a sistance. The consul- tations may include discussions of such items as apace, traffic patterns, market and other requirements, the total number of employees, and the number of minority employees, as appropriate. b. Current Information on Relocation Sites: The Department will provide infofmai on on the availability, costs, and square footage of comparable locations and make referrals to real estate brokers when appropriate. In making referrals and providing information, the Department will provide maximum assistance but avoid involvement in ointerference with the business operation or the decisions of the business owner or operator. 23 C. Economic Information: The Department will provide information relative to property values, growth potentials in various areas, zoning ordinances, and other general and economic information which may assist in enabling the business to make informed decisions relative to relocation. d. Referrals to SBA: Where appropriate, business concezns will be referred to the Small Busi- sAdministration (SBA) for managerial and technical assistance. d. POSITIVE ACTIONS TO ASSURE THAT REFERRALS WILL BE IN KEEPING WITH THE REQUIREMENTS OF TITLE VIII OF THE CIVIL RIGHTS ACT OF 1968 1. The Department will request real estate brokers or agents to certify that all of theft real estate activities axe being conducted in accordance with the Federal Fair Housing Law (Title VIII Of the Civil Rights Act Of 1968) and the Fair Housing Section of the Maine Human Rights Act, prior to making referrals. - 2. The Department will request that developers of new housing projects as well as owners and brokers of fisting housing developments certify that the housing isopen to all regardless of race, color, religion, or national origin prior to making referrals. -- 3. It will be the policy of the Department to: a. Make full use of HUD -acquired properties, multiple listing services, and normal veal estate management and brokerage services. b. Cooperate fully with fair housing groups, human relations bodies, and other social, and religious groups interested in facilitating freedom of residence. K. GRIEVANCE PROCEDURE 1. The Department will maintain a grievance procedure under which: a. Any person aggrieved by a determination as to his eligibility for a relocation payment or the amount of the payment may have his claim reviewed by the Director of the Department 24 b. Any person or class of persons may similarly obtain review of any schedule (except moving cost schedules) and/or the selection of"com- parable" housing need used in connection with the computation of relocation payments; and C. Any person who believes to have been aggrieved by the failure of the Department to refer him to adequate replacement housing may also obtain a review of his complaint. 2. Procedure: Any claimant, meaning a person aggrieved by the Director's determination as t0 eligibility for, or the amount of, a relocation payment, or the adequacy of replacement housing, may have his claim reviewed and reconsidered by the City Manager. If theclaimant is not satisfied by the decision of the City Manager, then the Community Development Commit- tee of the city Council will review and reconsider his claim. As a final administrative step, any person who believes himself to be aggrieved as the result of the final determination of his claim on review by the Community Development Committee of the City Council may request HUD review of his claim. The request for HUD review shall be submitted to the Director of the HUD service office in Manchester, N.H. If the claimantis still not satisfied, the claimant has the right to seek review in the courts. 3. Elements of the Grievance Procedure include: a. The Department's Informational Statement in which each claimant is advised of the avail- ability of a Grievance Procedure and how to use it. b. Opportunity for a claimant to make an informal oral presentation before filing a written complaint, c. Assisting claimants in the preparation of a formal written complaint. d. Review of complaints by the Director of the Department.' e. Assurance of prompt notification to HUD Of reviews conducted and, where applicable, prompt submission of pertinent documentation t0 HUD. f. The right of a claimant to be represented at his expense during an informal oral pre- sentation. 29 g. Written notice to the claimant of the deter- mination of the appeal. h. Opportunity for all aggrieved persons to inspect the Department's files and records bearing on their claims, arcept for confi- dential material and where prohibited by law. I. Assurance that the principles established in determinations on grievances will be applied in all similar cases whether or not a request for review has been filed with respect to those cases. j. Assurance that aggrieved persons are notified that the review procedures do not in any way affect their right to judicial review. k. Prompt payment to claimants of any additional amounts for which they are determined to be eligible as a result of either the City of Bangor review or a subsequent HDD determi- nation on review. 1. Assurance that no family or individual will be displaced until 20 days after the Community Development Committee of the City Council has made a determination and the complaintant has had an opportunity to seek HDD review, pro- vided awritten complaint with respect to adequacy of replacement housing is filed prior to the aggrieved persons's displacement. M. Assurance that payment will be made for the reasonable costs of a move to suitable replacement housing, when this move is neces- sitated as the result of a grievancereview finding. n. Maintenance of complete records and documen- tation of all actions taken on relocation grievances. L. COMPLIANCE WITH FEDERAL LAWS, RULES AND REGULATIONS 1. The Department will: a. Provide fair and reasonable relocation pay- ents and assistance in accordance with Sections 202, 293, and 209 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act (P.L. 91-696) and applicable HUD regulations, to or for 26 families, individuals, partnerships corpora- tions or associations displaced as a result of any acquisition of real property for an activity assisted under this program; b. Provide relocation assistance programs offer- ing the services described in Section 205 of (P.L. 91-646) to such displaced families, individuals, partnerships, corporations or associations in the manner provided under applicable HUD regulations; C. Determine eligibility requirements and relo- cation payments authorized by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and the methods for computing the amount of relocation payments in conformity with the U.S. Department of Housing and Urban Develop- ment Handbook 1376.1 "Relocation and Real Property Acquisition" dated September 1979, as amended. d. Assure that, within a reasonable time prior to displacement, decent, safe, and sanitary replacement dwellings will be available to such displaced families and individuals in accordance with P.L. 91-646; e. Inform affected persons of the beneifts, policies, and procedures provided for under HUD regulations) - I. Carry out the relocation process in such a manner as to provide displaced persons with uniform and consistent services, and assure that replcement housing will be available in the same range of choices with respect to such housing to all displaced persons regardless of race, color, religion, or national origin; and 9. Provide reports to the Department of Housing and Urban Development as required. M. DISPLACEMENT NOT CAUSED BY COMMUNITY DEVELOPMENT ACTIVITY Individuals, families, businesses or farm operations forced to vacate property because of a fire or smilar event c that occurred prior to the establishment of his or its eligi- bility isrnot considered to be displaced under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ora Community Development Program activity and hence is not eligible for relocation payments or assistance unless or until a determination of eligibility is made by the Deparmteut. N. RELOCATION RECORDS Relocation records shall be developed and maintained by the Department beginning with the information secured during the first interview to assess the needs of the displaced person. A separate record shall be prepared for each family, each individual maintaining a self-contained housekeeping unit or a non -housekeeping unit, and each business concern, non- profit organization, and farm operation. The records shall contain all data relating to the relocation of the displaced person, including the nature and dates of services that are provided, and type and amount of relocation payments made, and the location to which those displaced are relocated, including a description of the accommodations. In addition, copies of all correspondence concerning the relocation of site occupants, including evidence of delivery of informational and other notices, the claim forms submitted by the claimant and the supporting documentation, and other pertinent data will be retained with each record. Records shall be retained for a period of three years from the date the displaces has received final payment. Relocation records are confidential and not subject to be treated as public information. Only authorized City personnel or HUD staff members may have access to the records. However, upon written notice of a displaced person, the Department may release a copy of the pertinent r ord(si to him or to his designee.