HomeMy WebLinkAbout1975-08-25 323 AC ORDERPr/
323 AC
Introduced by Councilor signer, August 25, 1975
CITY OF BANGOR
(TITLE,) (@rN2% _.:approving and.AdoPting Comunity DevelopnentProgram .. .
Relocation Plan
By oft Coarotl of the Citw ofammoor.
0RDWWWD,
TnT , WREREAS, the City Council of the City of Bangor, in making
application for funds under Title I of the Housing and Co®maty Development
Act of 1974, has provided assurances and certification that the City of Bangor
will:
1. Provide fair and reasonable relocation payments and se istence
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 HUD regulations, to or for families,
individuals, partnerships, corporations o iations displaced
as a result of any acquisition of real property for an activity
assisted under its Co®unity Development Program;
_ 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. 91-646) to such
displaced families, individuals, partnerships, corporations or
associations in the manner provided under applicable HUD regu-
lations,
3. Within arunable time prior to displacement, make available to
displacedfamilies and individuals in accordance with Section 205
(e) (3) of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act (P.L. 91-646), decent, safe, and sanitary
replacement dwellings;
4. Infoam affected persons of the benefits, policies, and procedures
provided for under HUD regulations;
5. Carry out the relocation process in such a madder as to provide
displaced persons with uniform and consistent services, and make
available replacement housing in the some range of choices with
respect to such housing to all displaced persona regardless of
ace, color, religion, or national origin, and;
'IN CITY Cd CIL
Avgust.$5, 1975
seed
CITY CLE
323 AC
ORDER 41
Title
Apyrwinq.aw.m ting camvunieX....
D2 ejl O nt P2092am - Relocation P12n.
........................................ .
Introduew a ffied by
i
? S'.......
ea ....
7?CCEIVEO
M75 AUC 211714%20
CITY CLERK'S OFFI6E
iTv 6F "iir.o . VANE
WHEB , the City of Bangor Conumnity Development Program Relocation
Plan establishes uniform policies and procedures to be adhered to by the
Commonalty Development Department in providing relocation assistance to indivi-
duals, families, businesses and others displaced as a result of Community
revelopvent Program activities;
W101Eh4, the City of Bangor Co®unity Development Program Relocation
Plan has been developed as a result of the requirements, and in coMarmity with
the Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970 and regulations promulgated by the Departm®t of Housing and Urban
Development;
NOW THEEMM BE IT ORDERED, by the City Counoil of the City of Bangor
that the Community Development Program Relocation Plan dated August, 1975
aM on file with the City Clerk, is hereby approved and adopted.
CITY OF BANGOR
cOP44 JW DWEMCPI� PRCGRpJ4
RFJQCATION PLAN
ADGDST 1975
This Plan establishes the policies and procedures to be
followed by the Community Development Department in providing
relocation assistance to individuals, familiesn businesses and
others displaced as a result of Co, ty Development Program
activities. Mis Plan was developed as a cult of the require—
ments, a in conformity with the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 and regulations
promulgated by the Department of Rousing and Vrban D elopment.
Relocation Plan
Table of Contents
Page
A.
Administrative Organization ... .... . . . . . . ..
1
1,
Administrative Agency ......
1
2,
organization of Relocatim Staff ... . ...
1
B.
Relocation
Standerda ... .. .... .. .....
1.
Physical StandaMa ... ... . . . . . ... .
1
2,
Occupancy StandaMs .. .. . . .. . . . .
2
3.
Ability to -Pay Standards ... . . . . . . . .
2
4,
Environmental Standards .. ..... .... . . .
2
5,
Equel Oppurtodty stardarde .... . ... . ....
2
C.
Assistance To Be Provided Families and Individuals....
2
1,
Proposals For Aeeurirg Availability of Relocation . .
2
Rousing . • •
2
2.
Coordination of Relocation Activities ... . . . . .
3
3.
Fqual OpporLodty.• • • • . . . • • • • • • .
4
4.
Reloeetim office . . .. .. .... . . ..
4
5,
Informational Program .
4
6,
Ustirgsp Referrala. and Assistance in Obtaining . .
Bossing .I ................
4
7,
Social Services .. ..........
6
8.
self -Relocation and Inspections .. ........
6
9.
Inspection of Replacement Dwelling .. .... .
6
30.
Teaporary Roves ... ... . ... .. . . . .
ll.
Terminatim of Relocation Assistance ....... ..
9
12.
Eviction Policy . . ..... . . . . . .. .. .
10
13.
Relocation Records.. . . . .. . . .
10
U,
Deparhmant Evaluation of Relocation . ... . . . . .
11
15.
VolunterY Action . ... . .. . . ..... . . . .
ll
D.
Assistance To Be Provided To Business 00hoerns. Ron-PeOnt
Orgmdzations and Farm Operations ... . . . ..... .
12
1.
Requirement . I .............
12
2.
Services To Be Provided . . .. . . ... . .. . . .
U
E.
Positive Actions To Assure That Housing Ustiogs and
Referrals All Be In Keeping With The Requirements Of
Title VIII Of The Civil Rights Act Of 1968 . ......
13
Table of Contents Continued
F.
Grievance Procedure . .... . .
. . .... .. . .
13
C.
Resident Involvement ..................
15
H.
Cmnpliance With Federal Laws. I es
and Regulations ...
15
I.
Maplacement Not Caused by C�ty
Development Activity
16
J.
Relocation Records . .... ...
. . .... . .. . .
16
CITY OF BANGOR
Commmity Development Department
Relocation Plan
A. ADNINISTMME ORMNIZATION
1. Aiministrat've A nc : The Bangor Community Development Department
hereinafter referred to as ^the Department^) All be responsible
for the development of the relocation also and will siova star
relocation activities. It will be respomible for the relocation
of displaced families and ineividuals and All assist d1aploced
businesses. The Department All Amind.ster relocation assistance
and payments in accordance with Federal law mad the Department of
Housing and Urban Development (HO) policies, stralards, and
regulations.
2. Oraanizatim of Relocation Staff: The Cbmanity Development Director
will roster re ration Sor the Department following the procedures
and policies outlined herein and in crnipliance with applicable rules
and regulations established by the Department of Housing and Urban
Development. The Director of Community Development may be assisted
by a Relocation Officer and such other staff as
necessary. The
Relocation Officer All be in immediate charge of the relocation
records, interviews, counseling, and investigation of relocation
units. The relocation staff will be trained, competent, sensitive
to human relationships, and reflect a variety of skills, including
the capability to assist business concerns.
1. Phvsical Sta lards: Wellings will be considered decent, safe,
sanitary and comparable for relocation of displaced families if
such dwellings are sound, clean, in weathertight condition, ami in
conformance with the requirements of the Bangor Housing Code.
Wellings most also be adequate in size to meet the needs of each
family or individual.
e. Housekeepinz Unit: A housekeeping unit must include a kitchen
with TUIIy usable sink; a stove, or connection for s
separate coal complete bathrobe; hot and cold ramingwater in
both the bath and the kitchen; an adequate and safe wiring
system for lighting and other electrical services; and beating
s required by the housing cede. For purposes of comparability,
these will be coraidered minimum requirements, but limitations.
b. Norvilcusekeeoim Unit: The staniads for non -housekeeping units
rill c0Monm to the req=eaems of the Bangor Housing Code as
they relate to boarding houses.
F. Occupancy Standanis: Very dwelling unit shall contain at least
IW square feet of floor space per occupant and a maximum of 11
Persons per room. Every sleeping room shall contain a minimum
of 70 square feet of floor area and at least 50 square feet per
person. A child under 30 yep rc shall be considerod one -halt
pe�rsoon.��
o I
ll be
3. Abterrte ttd o a compazable replacement individual
which exceeds
the family's or individual's ability to pry. In general, the
average monthly housing coot of the replacement dwelling should
not exceed 25 per cent of the average monthly gross income of
the family or individual plus the amount of any replacement housing
payment ona monthly basis the family or individual is eligible
to receive.The average monthly rental or housi:y cost shall
include monthly mortgage payments, insurance for the dwelling
unit, property taxes, utilities, and other reasonable recurring
expenses. The average monthly gross income shall be the
un
annual
gross income for the period prior to displacement from all
sources of each member of the family residing in the household
v'no is 18 years of age or older (except that the income
of a head
of household or his spouse wbo is order 18 shall be included)
divided by 12. If the average monthly groes income as derived
from the above method does not result in a realistic determination
of average monthly gross inc an alternate period, actual o
projected, may be need in such situations to determine .average
monthly gross income.
4. Environmental Stersamis: A comparable dwelling unit will is i
a location not .subjected to unreasonable adverse envirormental
conditions, natural or maomade; not generally less desirable than
the location of the acquired dwelling with respect to public
utilities sul services, schools, nhurcbea, recreation, transport-
ation, mW other public and commercial facilities{ ami accessible
W the displaced person's present or potential place of employment.
5. Eaual Opportunity Standards: All replacement housing for listings
and referrals will be demonstrated to be open to all regardless of
race, color, religion national origin, in a
manner consistent
with Title VIII of the Civil Rights Act of 1968,andavailable
without diceriminatlon based on source of income (e.g., welfare).
The Dopartment All also comply wlth:
a. Executive Order 11063.
b. 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 Raine Human Rights Act.
C. ASSISTANCE TO DE PROVIDED FAMILIES AND INDIVIDUALS
1. Proposals For Assurang Availability of Relocation Housing:
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U. Sources oP Lxistir�g Itousiea;: A sy.:temntic reof all
advertised v t n Hmgor will be mantaine l by the
Department. Mecooperationof real estate agents: churches:
on -profit organizations and others will be encouraged to
order to maintain as complete a listing of vacancies a
possible. The local newspaper Ali be requested to solicit
information on vacancies ae a public service. Reports will
also be publicly solicited on anticipated vacancies and housing
under construction. Close contact with the Hangar Housing
Authority will be maintained regarding available units for
low-income families.
(3) Noti2Eation of vacancies: Families will be notified
ancy listings persona. or in writing. Families
andindividualswill be referred only to vacancies whose
location and characteristics are in reasonable conformity
with their needs and special problema, and which meet
the requirements of the Relocation Plan.
(2) Information on size and rent: A Dwelling Inspection
Record Hie x111 be set up to catalog and classify. all
existing and anticipated vacancies, including the size
and rent or sales price of each dwelling unit.
(3) Admission preferences: Landlords x111 be requested to
give admission preferences to families referred to them
by the Department.
b. Woods and Resources: A complete survey of all families: imii-
vidsnbmes to be displaced will be conducted prior
to submission of applications for federal assistance. Income
and bedroom size requirements for all the families and indi-
viduals will be catalogued. Immediately upon approval of
applications: the Relocation staff will update its survey and
will make any, necessary night and weekend calls. Me needs
and preferences a result of these surveys x111 be matched
with the available rehousing resources. Counseling needs will
be ascertained and necessary referrals made.
Coordination of Relocation Activities: The Department will maintain
On a contamm�g alis inventor e all available housing resources
which ere comparable and suitable for replacement housing, adequate
in size, cost, and location to meet HUN requirements. It will give
consideration to the relocation needs of other programs in other
agencies and keep abreast of the progress of construction or
rehabilitation of replacemonb dwellings. The information developed
by the Depnrtment will be av:ill :his to other agencies who may became
involved in relocation activitice. Through this coordination, each
local agency x111 be assured that in staging project activities, a
sufficient supply of standard replacement housing will be available.
Coordination will also be maintained with the social service agencies.
To avoid duplication mel to provide necessary information for
social service referrals, a referral system will be established.
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3. Equal Opportunity: In carrying out relocation activities. the
Department will take affirmative actions to provide displaced
families and individuals maximum opportunities of selecting
replacement housing wlthdn the co amity's total housing supply:
lessen racial, ethnic, and economic concentrations; and facilitate
desegregation and racially inclusive patterns of occupancy and
use of public and private facilities.
4. Relocation Office: If doomed necessary, the Department shall
establish an appropriately equipped site office which is accessible
to all the project area. residents, and is staffed with trained
relocation personnel. Additional office hours shall be scheduled
to accommodate persons unable to visit the office during normal -
business hours.
5. Ifflational Pro am: The Department shall prepare end distribute
ormation materials to every area resident to be displaced or
otherwise affected by the program or project. Seporate informational
material shall be prepared for business concerns (including non—
profit organizations ad farms) when appropriate. In addition
to distributing informational materials the Department shall consent
personal interviews and maintain personal contacts to the me imus
extent possible. Informational materials should be publicized in
the laiguage(s) most easily understood by all persons affected.
Publicity on the scope and nature of the project or programs, as
well as the benefits available, An utilize local media available
to all persons. An informational system for informing site occupants
through meetings and newsletters shall be established and operated
on a continuous basis.
6. _Ustings. Referrals, and Assistance in ObtaininN Housings
a. ustin s: The Department will provide current and contimring
information to residents on the availability, prices and
rentals of comparable, decent, safe and panitay Bales and
rental housing, in keeping wftb the relocation stades ts. The
Department will provide residents to be displaced with listings
of currently available duelling mots of appropriate size to
meet their needs, and which are within their ability t0 pay.
Real estate brokers or agents must certify that all of their
real estate activities are being conducted in accordance with
the Federal fair housing law (Title VIII of the Civil Rights
Act of 1968) and the Maine Roman Rights Act in order for their
holdings to be included in the Department's listings for
relocation housing referral. -
b. Refe�>=als: Relocation housing will be inspected prior to
referral to assure that it meet$ the relocation stadardss
except for housing which has been approved by RDD or the
Veterans Administration (VA) for mortgage insurance or
guarantees or public housing.
No individual or family may be referred to a wit which:
is structurally substwdard or which Pails to meet city colas
and ordinances; exceeds the family's or irclividual's ability
to pay; or is in a neighborhood slated for goveraDental action.
In malting referrals: the Ompartment will give consideration
to the proximity of the dwelling unit to the wage earner's Place
of employment or potential employment as well as to proximity
to public transportation and any other public facilities essential
for the soccessfol mdjustment of the family or individual. The
Ospartment will refer all interestedt apparently eligible families
am individuals to the Bangor Housing Authority for the purpose
of filing an application for admission. Hhen appropriate. the
Oepartment will assist Is Preparation of so application..
c. Assistance Sn Obtaining Hous
(1) PndMeAed Families or Individuals: Families
innunatall by
ndvised to refer to the Department
dry problems experienced in obtaining housing or other
accommodations. it is the obligation of the Department
to assist in resolving problems uhich arise in connection
with availability or sccessibility of accommodations whether
or not the displaced person was referred to the aocomsmdatiw
by the Department.
(2) Ir�Yormaticn on Available Housing: The Department has the
responsibility to provide prompt ind'oraiatdon on available
sales and rental hovsirrg M to assist families and
indt,iduais in obtaining wits of their choice.
(3) Assistance to Prospective Homeowners: Tae Department All
Permian assistance to prospective hoaeowers do obtainiag
mortgage financingt including helping in the preparation
a:d schesiseion of purchase offers* obtaining credit reportsi
and verifying employment where this is necessary to effect
the purchase, sai maAng b,7 other arrangements Ath lending
instibvtiws to feenitate the ebtAbIOO of loans. Partic-
ularly for minority -group ami low-income fm allies end
ircliAduals. Families and individuals An desire to become
homeowners All be AOised of their priority to purchase
HUD acquired properties.
(k) Haneownership Coyne: The Ospartment will provide
cows o prospects homeomers is accordance with
HW guidelines under Sections 235 and 237 of the National
Housing Act.
lles met
(5) Othe�essin e: The Department An obtaining priority for AH16vton to rental
and sales housingr particularly, H assisted low-end -
noderate_income housing developed under Sections 221(d)(2)
BIW Iiq 235. 236. end Hent Supplement Housing, Me HUD Area
ce Insuring Office All be contacted for information ad
listings. Families and d viduals All also ba AASH
of VA -acquired properties that may be available.
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d. Housi Discrimination Cam lalnt: If a family or individual
ir
ova le to purchase or rent a replacement dwelling because
of discriminatory practices relating to race, color, creed, sex
or national origi:y Form HUD 903- Housing Discrimination
Complaint - - An be made available to each family or
individual so aggdaved. It All be the obligation of the
Department to take positive action to assist each individual
and family, as all as business concerns, to have the full
opportunity to relocate to a Site or dwelling of their
choice.
%. Social Services: All families and individuals Shall be provided
with ready, facilitated access to needed social services and
counseling both prior to, and 501)se9uent to relocation. Necessary
services and counseling shall also be made available to those
residents who do not move, whenever the need exists. The Deport-
ment 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 Welfare Department of the City of Bangor is adequately
staffed with trained and ccmpetent social workers to provide and
coordinate the necessary social Services. The Department All
work closely Wlth the Welfare Department which All provide and
coordinate these services. The following are Spee of the public
and private social agencies Which An be requested to furnish
Ad Wherever the need arises: Dlvisiw of Family Services, Maine
Department of Health and Welfare; Me Counsaling Carter; Division
of Alcoholic Services, Maine Department of Health and Welfare;
Bankruptcy Court; Bangor District Nursing Association; Bwgar
Sandw Citizens Council; Bangor City Health Department; Meals
for Me; Youth Aid Bureau: Day Care Centers: Maine Bureau of Homan
Relations Services; Mains Employment Security Commission; CCSG AT;
Fenquls CAP; Maine Civil liberties Union; Bureau of Rehabilitation; od
Bureau of Social Welfare.
S. felt-Relocation and Inspections: The Department All inspect the
dwellings o4 self-relocated families and individuals prior to the
move if at all possible. When the Department does not have prior
knowledge of the move, the family or individual must be traced.
If a dwelling is food to be substandard, the Department must
offer assistance in securing standard accommodations. If the
family or individual declines a reasonable number of offers of
standard dwelling wits rxd its present dwelling wit does not
meet code requirements of the locality, the Department will, fn
the case of rental wits, refer the matter to the local code
enforcement agency with the objective of requiring the landlord
to bring the unit into conformity with local codes. The Impart-
ment will request notification from the code enforcement office
when the deficiencies have been corrected.
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9. Inspection of ¢enlacement Dwelline:
a.uirement. The Community Development Department is
resp for the inspection of the replacement dwelling
to which each displaced family or individual moves and shall
maintain in its files a dwelling inspection report indicating
the condition of the unit.
Is. Proceduresc
(1) Timi f Ina action. Replacement dwelling units
.should be spaded prior to the time that the dis—
placed family or individual moves i , if at all possible.
(2) Relation of Condition of Writ to Eligibility for
Relocation P end.. A tmfily or individual who moves to
replacement dwe that does net meet the requirements
of the Bangor Housing Code is not eligible for a replace—
ment housing payment. However, if a family or individual
moves to a wait that meets the eeepuirements of the Housin„r
Code but does not meet the environmental Om equal oPport—
wh ty standards for housing listings and referrals,
eligibility for a replacement housing payment is not
affected, The condition of the replacement dwelling to
which a displaced family or individual moves does rot
affect eligibility for a "location payment fee moving
and related erpenaes.
(3) Writ Found To Be Substandard. If the dwelling unit to
Mch a risplaced Tacitly or individual moves does not
meet the requirements of the Housing Code, the Community
Development Department shall:
(a) Notify the occupant(s), in writing, that unless the
unit is brought up to approved standards or the
occipant(s) moues to another wait which is in conform—
arca with the requirements of the Heusicg Codas no
replacement housing payment may be made. The notific—
ation shall state that the Cawnualty Development
Department will provide all possible assistance to
enable the occupant(s) to occupy housing that is
decent, safe, and saaitary but, to be eligible for
the payment, the occupants) most meet specified
time requirements (1 Year) related to the date of
the initial displacement.
(b) Notify the zoning and Code Enforcement officer that
the dwelling is not in conformity with local housing
codes. The Camnanity Bavelopment Department ehall
request notification from the Loaing and Coda Enforce-
- mens Officer when the deficiencies have been corrected.
10. Temporary Moves:
s. General: Tee Department will be required to nrlmVd a the
use of temporary relocation resources, but may use such
resources (including moMle hones) when adequate permanent
relocation resources are not available at thetime of dis-
placement from the neighborhood, or when the HUD -approved
project plan anticipates moves back into completed accommmodations
in the project or program area. Temporary relocation will not
diminish the responsibility of the Department to offer
relocation assistance and services designed to achieve pes
manent relocation of site occupants into suitable facilities.
b. Donft na Under Which Temporary Moues Mm He Perndtted:
No temporary moves will be undertaken without the prior approval
of the Department aW only if the following conditions are met:
(1) Families and Iniividuals
(e) The move is ssitated (a) in the case of an
onergeocy, bece ere an individual or family is
subject to economic hardship or conditions haz-
ardous to his or his family's health or safety,
or (c) in extraordinary situations where to the
absence of a temporary move, the progress Of the
project or program would be substantially delayed;
Or
The HIID-approvetl premed plan anticipates moves back
into ,opiated accommodations in the project or
program area.
(b) The temporary bousirwe is decent safe. and sanitary
and within the financial means o4 the lady or
individual (or alternatively, local rent assistance
will be provided if the temporary houslrwg is not
within the financial means of the family or indi-
vidual).
(c) The De artment will have determined that within 12
mont a of the ata of the temporary move, or arc
foyer period the Department may approve upon request
or as part of the project plan, replacement housing
meeting the criteria specified in the relocation
standards oP the Plan w111 be available for occupancy
by the persons temporarily rehoused.
(d) Prior to a temporary, move, the Department shell have
provided written assurance to each family and indi-
vidual that:
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Realacament Fwpsir�g meeting the re-houaiem sbanaards
will be available at the ear]iest possible time but
m MY avevent no later than 12 months from the date
of the temporary move, unless a longer period has
been approved.
ReDlacenent housing will be made available, on a
priority basda,to the individual or zanily who has
-
been temporarily rehoused.
The move to teroorary rehousing will not affect a
claimant's eligibility for a replacement housing�
payment nor deprive him of the same choice of
replacement housing suits that would have been made
available had the temporary move not been male.
If the croiect clan anticipates moves back into
replacement houino accommodations in the project
or program area, the indfvi ual or family who has
been temporarily displaced Hili be given priority
opportunity to obtain such housing accommodations.
(2) Business Concerns and NOnaront Organimations.
(a) The move is necessitated (1) in the case of emergency,
2 the business concern or nonprofit organization
is subject to ¢commie hardship, or its employees
to conditions hazardous to health and safety, or (3)
in extrew.iinary situations where in the absence of
such a temporary move, the progress of the project
or program world be substantially delayed:
The HU0. rovetl rp'ect fan antiei aces moves back
into completed accrnmode Sons in t e projec or program
(b) Prior to a temporary move , if the project plan so
provides, the Department shall give a written assurance
to each businessconcern or
non-profit organization
that accommodationsAll be available in the project
area.
ll. Termination of Relocation Assistance: It All be Department policy
that assistance to a family, individual, business concern , -
profit organization, or farm operation shall continue until permanent
relocation has been successfully achieved and all relocation pm�nments
made. In general, the only circumstances under which the Department's
obligations ceases are the following:
a. The family or Individual has moved to a suitable standard
permanent replacement dwelling and has received all necessary
assistance and pasments.
b. All possible efforts to trace a family or individual have
failed.
-9-
C. The fasily or individual has moved out of the city and even
though the address is knoent it is not feasible to inspect
the dwelling because of the distances but n vertbeless,
payment to which the person is entitled has been made,
d. Me family or insividual moves to substandard housing and
has refused reasonable offers oI additional assistance in
moving to a suitable standard dwelling.
e. The business concern, nonprofit orgmdzation or falls operation
has received all assistance and payments to which it i
entitled, seal has either been successfully relocated or
ceased operations.
f. The site occupasrt. refuses to accept one of a reasonable
comber of offers of accommodations meeting approved relocation
standards. (ID the case of conumnscos refusal to admit a
relocation interviewer who attempts to provide assistancet
visits the ate occupant at reasonably convenient times, and
has, whenever possibles given notice of his intention to
visit the site occupant, the Department will writes telephone,
or take other reasonable steps to cemmudcate with -the site
Occupant before teilsinating assistance.)
12 . Eviction PolicPolic : Eviction is permissible only as a last resort.
lS ono wav affects the eliaibility of evicted displaced persons
for relocation payments. Every effort shall be made to prevent
victiM by a private landlord. Department relocation recomis mast
be docwaentad to reflect the specific circumstances surrounding
the eviction frmm Department acquired property. Eviction from
DepartmetR acquired property shall be undertaken only for Me or
more of the following reasons.
a. The failure to pay rent except in those c where the
failure to pay is based upon the Departmentes failure to
keep the premises in habitable cmditiM.
b. Maintenance of a nuisance or use of the presages for illegal
purposes.
C, A material breach of the rental agreement.
d. Refusal to accept one of a reasonable number of offers Of
accenmalatious meeting approved relocation standards.
e. The eviction is required by state or local law, beat. cannot
be prevented by the Department.
13• Relocation Records: The Department ail keep up -Iodate records
M the relocation of all site occupants. These records all be
retained for HUD inspection and audit Ior a period of there years
folloaeg completion of the proJect or program or the completion
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of the making of relocation payments, whichever is later. The
Department will maintain and submit to MID periodic progress
reports on relocation.
The Department will develop and maintain a relocation record,
beginning math the information secured during the first inter-
view to assess the needs of the displaced person. A.separate
record will be prepared for each family, even though the fami3v
may not be maintaining a separate household; each individual
maintaining a self-contained housekeeping unit, or a
housekeeping unit; and each business concern, nonprofit organ-
ization, and farm operation. Theeecord will contain all data
relating to relocation of the displaced person, .including the
nature and dates of services that are provided, the type and
owt of relocation payments made, and the location to which
those displaced are relocated, including a description of the
accommodations.
]4. Oenariment Evaluation oP Relocation: The Department will period-
ically evaluate the relocation advisory assistance program. to gauge
its effectiveness in assisting persons affected by M assisted
psaVaas or 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 envirommental 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 areae
and the procedures utilized in obtaining satisfactory
solutions.
d. The effectiveness of the social service program, including
concealing services, in helping residents adjust to relocation
and in helping solve individual and family problems.
15. Voluntary Action: Me Department will provide madd man appostwitieS
for voluntary action in planning and carrying out relocation plans.
Examples of voluntary action activities that All be encouraged
are as follows:
a. Developing and maintaindng housing listings for referral.
b. Assisting elderly and handicapped persons and others to
look at potential housing by providing transportation or
accompanying them.
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C. Helping persons to find social service assistance and
visiting the social ageacles with them to leal moral
support.
d. if appropriately skilled, advising about mortgage
ilnanciag and budgeting.
e. Assisting small businesses in the same mariner as wader
the program of the Small Business Administration (SBA) -
service Corps Of Retired Executives (SCcRE)•
D. Assistance To Be Provided To Business Concerns. Non -Profit organizations
aA Favor operations:
11 Requirement: The Department will provide relocation advisory
assistance to all business c nonprofit organizations,
and fent operations to be displaced by a project or program.
The Department will also provide advisory services and assist-
ance to any business concern or nonprofit organization accupyivg
property which is immediately adjacent to (1) the project are
or (2) any real property acquired, when the business is determined
to have suffered substantial economic injury be arecult of
Project activities.
2. Services To Be Provided: Among the services which the Department
All provide to business concerns, nonprofit organdzations and
farm operations are the folladng:
a. Consultations: The Department An consult with the oxmer
or operator to determine the need for relocation assistance.
The consultations shall include discussions of such items
s space, traffic patterns, market and other requirements,
the total number of employees, and the neater of minority
employees.
b. Current Information on Relocation Sites: The Department
An provide correrd. and continuing information on the
availability, costs, and square footage of comparable
commercial, industrial, or Lane locations and make referrals
teal estate brokers who may be able to assist in obtaining
suitable ac ammodations. In making referrals and providing
information, the Department All provide messieurs assistance
but avoid involvement in or interference with the business
operation or the decisions of the business owner or operator.
C. Economic Information: The Depariaent will provide information
relative to property values, growth potentials in various
zoMng ordinances, and other general and economic
information which may assist in enabling the business be
make informed decisions relative to relocation.
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d. Referrals to SBA: Were appropriate: business concerns will
be referred to the Small Business Administration (SBA) for
managerial and technical assistance. In addition: in order
to facilitate SBA assistance to business concerns: the
Department An provide SBA with a complete listing of all
business cos which may be affected by the HUD -assisted
activity. The listing will include the names, addresses,
and types of businesses: as well as identify the principal
owner or responsible representative.
E. Positive Actions To Assure That Hous, Listi antl Referrals Will Be
In Keeoinn With TTe Reguirementa 0 Title VIII 0 s Roo
or 19681
1. The Department will request all real estate brokers or agents to
certify that all of their real estate activities are being conducted
in accordance with the Federal Fair Housing Lew (Title VIII of the
civil Rights Act of 1968) and the Far Housing Section of the Maine
Human Rights Act, in order for their holdings to be included in
the Department's listing for relocation housing referral.
2. The Department will request that developers of new housing projects
ss well as owners and brokers of existing housing developments
file affirmative marketing plans which will assure that the housing
is open to all regardless of race, color, religion, or national
origin.
3. It All be the policy of the Department to:
a. Make full use of HUD -acquired properties, multiple. listing;.
services, and coastal real estate management and brokerage
services.
b. Inform members of minority groups of housing opportunities
in non-traditional neighborhoods and provide services to
familiarize them with such neighborhoods.
C, Provide escort services to broker's offices in non-trad-
itional neighborhoods.
d. Cooperate fully with fair Musing groups, human relations
bodies, and other social, civic, and religious groups
interested in facilitating freedom of residence.
F. Grievance Procedure:
1. The Department Ali 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 or may have
his claim reviewed by the Director of the Department; (b) any
person or class of persons may similarly obtain review of any,
schedule (except moving cost schedules) and/or the selection of
'comparable" housing used in connection with the computation of
relocation payments; and (c) a person who beeves to have
been aggrieved by the failure of the Department to refer him
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to adequate replacement housing may also obtain a review of
his complaint.
Procedure: Any claimant, meaning a person aggrieved by the
Comunity, Development Director's determination as to 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. I£ the claimant is not
satisfied by the decision of the City Manager, than the
Canmunity Development Committee of the City Council will
review and reconsider his claim. As a final administrative
step, any person Won believes himself to be aggrieved as the
result of the final determination of his claim an review by
the Community Development Committee of the City Council may
request HGD review of his claim. The request for HDD review
shell be submitted to the Director of the HUD arca office in
Manchester, H. H. The Area Director's deciaion on the claim
shall be accompanied by a statement of the claimant's right
to seek review in the courts if still rot satisfied.
3. Elements of the Grievance Procedure incl de:
(a) The Department's Informational Statement in each each
claimant is advised of the availability of the Grievance
Precednre and how to use it.
(b) OpporCuaty for a claimant to make an informal oral
presentation before filing a Witten complaint.
(c) Assisting claimants in the preparation of a formal
written complaint..,
(d) Heview of complaints by the Director of the Department,
or his designee - ban someone other than the official
who made the original determination respecting the claim.
(e) Assurance of prompt notification to HDD of reviews conducted
Wil where applicable, prompt submission of pertinent
documentation to HOC.
(f) The right of a claimant to be represented at his expense
during an informal oral presentation.
(g) Witten notice to the claimant of the determination
of the appeal.
(h) Opportunity for all aggrieved parsons to inspect the
Department's files and records bearing on their claims,
except for confidential material and where prohibited
by law.
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(i) Assurance that the principles established in dater-
mvnatione 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 a,d way affect their right
to juaicial review.
(k) Prompt payment to claimants of says additional amounts
for which they are determined to be eligible as a result
of either the City of Bangor reelaw or a subsequent IND
determination 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 deteneination and the
complainant has had an opportunity to seek IND review,
provided a written complaint with respect to adequacy
of replacement housing is filed prior to the aggrieved
parent's displacement.
(m) Assurance that payment will be made for the reasonable
costs of a move to suitable replacement housing, when
this move is necessitated as the result of a grievance
review finding. -
(n) Maintenance of complete records and documentation of
all actions taken on relocation grievances.
G. Resident Involvement: The Department will operate through a Project
Area Committee P c ani with residents on an individual basis. The
provisions and guidelines of the Community Development Citizen
Participation Plan will apply.
H, Comoliance with Federal L Rulesd Zd ti
1. The Department will
(a) Provide fair and reachable relocation payments and assistance
in accordance with Sections 202, 209, and 204, of the Uwfomm
Relocation Assistance and Real Property Acquisition Policies
Act (P,L, 91-646) sol applicable HUD regulations, to or for
families, irellviduals, partnerships, corporations or associa-
tions displaced as a result of any acquisition of real
property for an activity assisted under this program;
(b) Provide relocation assistance programs offering the services
described in Section 205 of (P.L. 91-646) to such displaced
famdlies, individuals, Partner MIPs, corporations or associa-
tions in the mother provided under applicable HUD regulations{
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(a) Determine eligibility requirements and relocation paq-
ments authorised by the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970
and the methods for computing the :amount of relocation
payments in conformity idth Cbapter 5 and 6 of the U. S.
Department of Housing and Urban Development Handbook
1371.1 ROI "Relocation Policies and Procedures" dated -
February 1975. The method to be used in determining
the coat of "comparable" replacement dwolli gs will be
the "Comparative Method" as outlined in Chapter 5 of
the Handbook.
(d) Assure that, within sonable time prior to displace-
ment decent, safe, ani aanitary replacement dwellings
pill be available to such displaced families mad indi-
viduals in accordance with Section 205 (c)(3) of P.L.
91-646;
(e) Inform affected persons of the benefits, policies, and
procedures provided for order HUD regulations; and
(f) Carry out the relocation process in such aas to
provide displaced persons pith uniform and consistent
services, and scones that replacement housing will be
available in the same range of choices with respect to
such housing to all displaced persons regardless of
race, calor, religion, or national origin.
(g) Provide reports to the Department of Horsing and Urban
Development as required.
I. Displacement Not Caused by Commodity Development Activity
Individuals, families, businesses or farm operations forced to
vacate property because of a fire or similar event that occurred prior
to the establishment of his or its eligibility is not considered to be
displaced under the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 or a Commodity Development Program
activity and hence is not eligible for relocation payments or assistance.
J. Relocation Records
Relocation records shall be developed and maintained by the Community
Development Department beginning with the information secured during the
first interview to assess the needs of the displaced person. A separate
cord sholl be prepared for each family, each individual maintaining
self-contained housekeeping unit or a nonhousekeepirg unit, and each
business concern, non-proat organization, and farm operation. The records
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shall cons^in all data relating to the relocation of the displaced
person, including the nature and dates of cervices
s that are provided,
the type and :mount of relocation paymenL., Made,and the location to
which those displaced a relocated, including a description of the
mmaation. In addition, copies of all correspondence concerning
the relocation of site Occupants, including evidence of delivery of
informational and other notices, the chum Porno suboftted by the
cladmapt and the supporting documentation, and other pertinent data
All be retained with each record. Records shall be retained for a
period of three yeah from the date thedioplacee has rmAved final
payment. Relocation recons areconfidential ani not sabJect to be
treated as public information. Only authorized City personnel or HDD
staff members mayhsve access to the records. However, upon written
notice of a diuplaced person, the Coounity Development Department may
release a copy of the pertinent record(s) to him or to his designee.
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