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(continued)
(h) Storage. When an actual expense basis is used and the Department determines that it is necessary for a relocated person to store his personal property for a reasonable time, not to exceed twelve months, the cost of such storage shall be paid as a part of the moving expense. Payment shall not be made for storage of personal property on the property being acquired or on other property owned by the relocatee. Storage expense shall not be paid where the displaced person elects payment under any of the schedules set forth in Section 370.12 (c) of this Article.
(i) Cost of Advertising for Bids. The expense incurred in advertising for packing, crating and transportation are reimbursable when the Department determines that such advertising is necessary. Payment of such expense shall be limited to complicated or unusual moves where advertising is the only practical method of securing bids.
(j) Inspection of Books and Records. All books and records kept by a displaced person as to actual moving expense incurred shall be subject to review and audit by a Department representative during reasonable business hours.
(k) Owner-Retained Dwellings. When an owner retains his dwelling, the cost of moving it onto the remainder or replacement land is not eligible as a part of the cost of moving personal property. If the owner chooses to use his dwelling as a means of moving personal property, payment shall be based on the schedules set forth in Section 370.12 (c) of this Article.
( l) Personalty Sold to Others. If a displaced person who is eligible to receive payment for moving expenses under subsection (a) of this Section sells, conveys, or transfers title to personal property located on real property acquired by the State to another person, such other person shall not be eligible to receive payment of moving expense except as provided for direct losses of tangible personal property in Section 370.13 (c) of this Article.
(m) Moves From Separate Property. Where the acquisition of real property used for a business or farm operation which is eligible for a payment under subsection (a) of this Section causes a person to vacate a dwelling or other real property separate from and not acquired by the State, or move his personal property from other real property separate from and not acquired by the State, said person is eligible for reimbursement of the appropriate moving expenses under Sections 370.12, 370.13(b), (c) and (d), 370.14 and 370.15.
(n) Moves From Partial Takings. Where only a portion of a larger parcel is acquired, a displaced person shall be eligible for moving expense payment only where the removal of his personal property from the property acquired is necessary and is not otherwise compensated.
(o) Insurance. The cost of insurance premiums covering the reasonable replacement value of personal property for loss and damage while in storage or transit is reimbursable.
(p) Removal and Reinstallation Expense. The expense of removal, reinstallation and reestablishment of machinery, appliances and other items of personal property which were not acquired by the Department, including reconnection of utilities to such items, and which does not constitute an improvement to the replacement site (except where required by law), are reimbursable. Such removal, reinstallation, reestablishment or reconnection costs or items classified as real property by the Department and which were retained by the owners, are not reimbursable.

Note: Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.


s 370.12. Moving Payments to Individuals and Families.
(a) General. A displaced individual or family eligible under Section 370.11 (a) is entitled to receive a payment for moving his personal property, himself and his family. Such displaced persons have the option of payment on the basis of actual, reasonable moving expenses or a moving expense schedule.
(b) Actual, Reasonable Moving Expenses.
(1) Moves by For-Hire Carriers. A displaced individual or family may be paid the actual, reasonable cost of a move accomplished by for-hire carriers. The displaced person may elect, with Department approval, either of the following options:
(A) The displaced person shall secure at least two estimates from responsible for-hire carriers and submit them to the Department for approval prior to the move. The Department will authorize payment for the move based on the lowest of such bids or estimates.
Payment shall be made by the Department upon presentation of the paid, receipted and itemized bill after the claimant has moved from the premises.
If this creates a financial hardship on the displacees, the Department will secure an assignment from the displacee to allow direct payment to be made to the mover upon presentation of itemized bills after claimant has moved from the premises.
(B) The displaced person shall be given a moving service authorization by the Department and may select a for-hire carrier from the list of eligible for-hire carriers established by the Department. When the for-hire carrier has completed the move, the original moving service authorization will be returned to the Department by the for-hire carrier with the itemized moving cost bill. The Department shall pay the for-hire carrier directly. Such moves shall be at the minimum rates, rules and regulations prescribed and established by the California Public Utilities Commission.
(2) Self Moves. In the case of a self move the displaced individual or family may be paid his actual moving costs, supported by receipted bills or other evidence of expenses incurred but such payment may not exceed the estimated cost of moving commercially. The estimated cost may be prepared by a commercial moving company or, when not in excess of $1,000, by a qualified Department employee other than the employee handling the claim.
(3) Cost of Transportation of Displacee. The costs of transportation of displaced individuals and families to the new location are also eligible. Such costs may be on a mileage basis, not to exceed 15 cents per mile, or reasonable, actual fees if commercial transport is used and may include special services such as the cost of an ambulance to transport displaced invalids.
(4) Cost of Meals and Lodging. The actual reasonable costs of meals and lodging are eligible when the Department determines such costs are required because of unforeseen circumstances or practical necessities of the moving operation.
(c) Moving Expense Schedules.
(1) In lieu of actual and reasonable moving expense, any individual or family displaced from a dwelling unit may elect to receive a payment which shall cover all items and incidentals necessary to the vacating of the property acquired according to the following:
(A) A moving expense allowance not to exceed $300 and determined in accordance with established Federal Highway Administration schedules maintained by the California Department of Transportation, and
(B) A dislocation allowance of $200.
(2) The owner-occupant of a multi-family dwelling may elect to receive payment for his own dwelling unit under this Section, and is eligible to receive payment under Section 370.13 for his personal property in other units of the multi-family dwelling.

Note: Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.


s 370.13. Moving Payments to Business or Farm.
(a) General.
(1) The owner of a displaced business or farm eligible under Section 370.11 (a) is entitled to receive a payment for actual reasonable moving and related expense which include:
(A) Actual reasonable expenses in moving his business, farm, or other personal property as provided in subsection (b), below;
(B) Actual direct losses of tangible personal property in moving or discontinuing his business or farm, as provided in subsection (c), below;
(C) Actual reasonable expenses in searching for a replacement business or farm, as provided in subsection (d), below.
(2) In lieu of the payment for actual expenses and losses as specified in subsection (a) (1) (A), (B) and (C) of this Section a displaced business or farm may be eligible for a fixed payment as provided in subsection (e).
(b) Actual Reasonable Moving Expenses.
(1) The owner of a business or farm may be paid the actual, reasonable cost of a move accomplished by a commercial mover. Where possible, at least two firm bids shall be obtained prior to the move and submitted to the Department for approval. The Department will authorize payment based on the lowest bid.
(A) Where appropriate, the Department may give the displaced business a Moving Service Authorization in accordance with the provisions of Section 370.12 (b)(1)(B).
(2) Self Moves.
(A) A business or farm which performs the move on its own account shall prepare a certified inventory of the items of personal property to be moved. When the Department can obtain two acceptable bids or estimates from qualified estimators based on the certified inventory, the owner of the displaced business or farm may be paid an amount equal to the low bid or estimate, without negotiation. When circumstances warrant, the Department may negotiate a lower amount not to exceed the lower of the two acceptable bids or estimates. The amount to be paid shall be agreed upon in writing in advance of the move. Upon completion of the move the owner must certify in his claim for payment that the items listed in the certified inventory were actually relocated. If the Department finds that the items actually relocated differ significantly from the certified inventory, payment of the moving cost shall be adjusted accordingly.
(B) If two estimates cannot be obtained, the owner may be paid his actual, reasonable moving costs supported by receipted bills or other evidence of expenses incurred.
(C) A qualified employee of the Department, other than the employee who is handling the claim, may make a moving expense finding not to exceed $1,000.00. The amount of such moving expense finding may be paid the owner of the business or farm upon completion of the move without supporting evidence of actual expenses incurred.
(3) Alternate Payments.
(A) The provisions of subsection (c) of this Section contain the criteria under which reimbursement is based for personal property which is not moved to the new site.
(B) When personal property which is used in connection with the business or farm to be moved is of low value and high bulk and the estimated cost of moving would be disproportionate in relation to the value, the Department may negotiate and agree, in writing, with the owner for an amount not to exceed the difference between the cost of replacement of comparable item(s) on the market and the amount which would probably have been received for the item(s) on liquidation.
(c) Actual Direct Losses of Tangible Personal Property. Reimbursement for the actual direct losses of tangible personal property is allowed when a person who is displaced from his place of business or farm is entitled to relocate such property in whole or in part but elects not to do so. Payments for actual direct losses may only be made after a bona fide effort has been made by the owner to sell the item involved. When the item is sold the payment will be determined in accordance with subsection (c) (1) or (c) (2) of this Section. If the item cannot be sold the owner will be compensated in accordance with subsection (c) (3) of this Section. The sales prices, if any, and the actual, reasonable costs of advertising and conducting the sale shall be supported by a copy of the bills of sale or similar documents and by copies of any advertisements, offers to sell, auction records, and other documentation supporting the bona fide nature of the sale.
(1) If the business or farm is to be reestablished and an item of personal property which is used in connection with the enterprise is not moved but promptly replaced with a comparable item at the new location, the reimbursement shall be the lesser of:
(A) The replacement cost of the item not moved minus the net proceeds of the sale; or
(B) The estimated cost of moving the item.
(2) If the business or farm is being discontinued or the item is not to be replaced in the reestablished enterprise the payment will be the lesser of:
(A) The difference between the depreciated value of the item in place and net proceeds of the sale; or
(B) The estimated cost of moving the item.
(3) If a bona fide sale is not effected under subsection (c) (1) or (c)(2) of this Section because no offer is received for the property, the owner shall be entitled to the reasonable expenses of the sale. The displaced owner shall arrange to have the personalty removed from the premises at no cost by a junk dealer, etc. If this fails the Department shall remove the item in the most economical manner.
(4) When personal property is abandoned with no effort made by the displaced owner to dispose of such property by sale or by removal at no cost as specified in the above paragraphs, the owner will not be entitled to moving expenses, or losses, for the items involved.
(d) Actual Reasonable Expenses In Searching For a Replacement Business or Farm.
(1) The owner of a displaced business or farm may be reimbursed for the actual reasonable expenses in searching for a replacement business, not to exceed $500.00. Such expenses may include transportation expenses, meals, lodging away from home and the reasonable value of time actually spent in search, including the fees of real estate agents or real estate brokers if actually required and paid by the displaced business.
(A) Receipted Bills. All expenses claimed except value of time actually spent in search must be supported by receipted bills.
(B) Time Spent In Search. Payment for time actually spent in search shall be based on the applicable hourly wage rate for the person conducting the search but may not exceed $10.00 per hour. A certified statement of the time spent in search and hourly wage rate shall accompany the claim.
(e) In Lieu of Actual Moving Expenses. In lieu of the payments described in subsections (b), (c), and (d) of this Section, an owner of a discontinued or relocated business or farm is eligible to receive a payment equal to the average annual net earnings of the enterprise except that such payment shall be not less than $2,500.00 nor more than $10,000.00 providing the following requirements are met:
(1) Department Shall Determine. In order for the owner of a business or farm to be entitled to this payment, the Department shall determine that:
(A) The business or farm cannot be relocated without a substantial loss of its existing patronage. Loss of existing patronage is determined by comparing existing patronage as defined in Section 370.00 of this Article to the estimated net income of the business for the 12 month period after relocation. Such determination shall be made only after consideration of all pertinent circumstances, including but not limited to the following factors:
1. The type of business or farm conducted by the displaced owner;
2. The nature of the clientele of the displaced business or farm;
3. The relative importance of the present and proposed location to the displaced business or farm;
4. Availability of replacement sites within the financial means of the displaced business or farm;
5. Competitive advantage of the existing location;
6. In case of a partial taking of a business or farm, the determination of whether the property remaining is no longer an economic unit;
7. Substantial additional capital expense required, or higher operating costs at the replacement site.
(B) The business or farm is not part of a commercial enterprise having at least one other establishment which is not being acquired which is engaged in the same or similar enterprise. The Department may determine by suitable criteria that the remaining facility is not another "establishment" for purposes of this section.
(C) The business or farm contributes materially to the income of the displaced owner. A part-time individual or family occupation in the home which does not contribute materially to the income of the displaced owner is not eligible for this payment.
(2) Owner Must Provide Information. To be eligible for the payment in lieu of actual and reasonable moving expense, the displaced business or farm must make its income tax and sales tax returns and its financial statements and accounting records available for audit for confidential use by the Department.
(3) In Business or Farming Less Than 2 Years. If the business or farm affected can show that it was in operation 12 consecutive months during the two taxable years prior to the taxable year in which it is required to relocate, had income during such period and is otherwise eligible, the owner of an enterprise is eligible to receive the in lieu payment. Where the business or farm was in operation for 12 consecutive months or more but was not in operation during the entire two preceding taxable years, the payment shall be computed by dividing the net earnings by the number of months the business or farm was operated and multiplying by 12. A taxable year is defined as any 12-month period used by the business or farm in filing income tax returns.

Note: Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.


s 370.14. Moving Payments to Nonprofit Organizations.
(a) A displaced nonprofit organization eligible under Section 370.11 (a) is eligible to receive payments for either
(1) Actual reasonable moving expenses, actual direct losses of tangible personal property, actual reasonable expenses in searching for a replacement site, or
(2) In lieu of actual expenses in accordance with Section 370.13 (b), (c), (d) and (e), a payment in the amount of $2,500 if the Department determines that:
(A) The nonprofit organization cannot be relocated without a substantial loss of its existing patronage. The term "existing patronage" as used in connection with nonprofit organizations only includes the persons, community or clientele serviced or affected by the activities of the nonprofit organization; and
(B) The nonprofit organization is not part of an enterprise having at least one other establishment not being acquired which is engaged in the same or similar activity.

Note: Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.


s 370.15. Advertising Signs.
(a) General.
(1) The owner of a displaced advertising sign eligible under Section 370.11 (a) is eligible to receive a payment for actual reasonable moving and related expenses which include:
(A) Actual reasonable expenses in moving his advertising sign as provided in subsection (b) of this section;
(B) Actual direct losses of tangible personal property as provided in subsection (c) of this section; and
(C) Actual reasonable expenses in searching for a replacement sign site as provided in subsection (d) of this section.
(2) An owner of an advertising sign who is otherwise eligible for moving payments will not be eligible if he moves his sign to a site in violation of State, Federal or local regulations.
(3) The provisions of this paragraph do not apply separately to an advertising sign owned by and located on the business or farm being displaced. Those signs considered personal property, including signs eligible under Section 370.11 (m) are to be considered items of the business or farm and included under the provisions of Section 370.13.
(b) Actual Reasonable Moving Expenses. The owner of a displaced sign may be reimbursed for his actual, reasonable moving expenses in accordance with the provisions of Section 370.13 (b), (1) and (2).
(c) Actual Direct Losses of Tangible Personal Property. The owner of a sign may be reimbursed for actual direct losses when he is entitled to relocate the sign but does not do so. The amount of such loss will be the lesser of:
(1) The depreciated reproduction cost of the sign as determined by the Department; or
(2) The estimated cost of moving the sign.
(d) Actual Reasonable Expenses in Searching for a Replacement Sign Site.
(1) The owner of a displaced advertising sign may be reimbursed for his actual reasonable expenses in searching for a replacement sign site not to exceed $100.00. Such expenses may include transportation expenses, meals, lodging away from home and the reasonable value of time actually spent in search, including the fees of real estate agents or brokers if actually required and paid for by the displaced sign owner.
(A) Receipted Bills. All expenses claimed except value of time actually spent in search must be supported by receipted bills.
(B) Time Spent in Search. Payment for time actually spent in search shall be based on the applicable hourly wage rate for the person conducting the search but may not exceed $10.00 per hour. A certified statement of the time spent in search and hourly wage rate shall accompany the claim.

Note: Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.


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

Note: Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.


s 370.17. Replacement Housing Payments to Owner-Occupant for 180 Days or More Who Purchases a Replacement Dwelling.
(a) General.
(1) A displaced owner-occupant of a dwelling may receive additional payments, the combined total of which may not exceed $15,000.00, for the additional cost necessary:
(A) To purchase replacement housing;
(B) To compensate the owner for the loss of favorable financing on his existing mortgage in the financing of replacement housing; and
(C) To reimburse the owner for incidental expenses incident to the purchase of replacement housing when such costs are incurred as specified herein.
(2) The owner-occupant is eligible for such payments when:
(A) He has been in occupancy of the dwelling to be acquired as his primary residence for at least 180 consecutive days immediately prior to and including the date of initiation of negotiations for the parcel; and
(B) The property was acquired from him by the state; and
(C) He purchased and occupied a decent, safe and sanitary dwelling within the time period specified in Section 370.16 (b).
(b) Purchase Differential Payment.
(1) Amount of Payment. The replacement housing payment is the amount, if any, when added to the amount for which the Department acquired his dwelling, equals the actual cost which the owner is required to pay for a decent, safe, and sanitary dwelling, or the amount determined by the Department as necessary to purchase a comparable replacement dwelling, whichever is less. In the case of a prior owned dwelling, the actual cost of the prior owned dwelling will be based on the historical cost incurred at the time of its purchase. Any additional cost to bring the prior owned dwelling up to minimum decent, safe and sanitary standards may be included in the historical cost.
(2) Determination of Amount Necessary to Purchase Comparable Replacement Housing. The Department shall determine the amount necessary to purchase comparable replacement housing by any reasonable method the Department finds necessary.
(c) Interest Differential Payment.
(1) General.
(A) Interest differential payments are provided to compensate a displaced person for the increased interest costs he is required to pay for financing a replacement dwelling and shall be allowed only when both of the following conditions are met:
1. The dwelling acquired by the Department was encumbered by a bona fide mortgage which was a valid lien on such dwelling for not less than 180 days prior to the initiation of negotiations; and
2. The mortgage on the replacement dwelling bears a higher effective rate of interest than the stated mortgage interest rate on the acquired dwelling.
As used in this subsection the term "mortgage" shall include those liens as are commonly given to secure advances on, or the unpaid purchase price of, mobile homes or other vehicles, under the laws of the State of California, together with the credit instruments, if any, secured thereby.
(B) The interest differential payment will be based on and limited to the lesser of the following amounts:
1. The present worth of the right to receive the monthly difference in mortgage payments on the existing mortgage using the old and new interest rates; or
2. The present worth or the right to receive the monthly difference in mortgage payments on the new mortgage using the old stated and new interest rates.
(2) Payment Computation. The Department shall determine the amount of the interest differential payment.
(3) Interest Rate of Replacement Dwelling Mortgage. The interest rate of the mortgage on the replacement dwelling to be used in the computation shall not exceed the prevailing interest rate currently charged by mortgage lending institution in the vicinity.
(4) Discount Rate. The present worth shall be based on a discount rate equal to the prevailing interest rate paid on savings deposits by commercial banks in the general area in which the acquired dwelling is located.
(5) Points and Loan Fees.
(A) To the amount of the increased payment shall be added the following:
1. The amount actually paid, if any, as points by the eligible displaced owner in the purchase of the replacement dwelling, not to exceed an amount calculated by multiplying the prevailing point rate by the amount of the eligible portion of the mortgage on the replacement dwelling, or the probable replacement cost of the acquired dwelling as determined by the Department whichever is less. A "point" is defined as 1% of the outstanding mortgage balance.
2. The amount actually paid, if any, as loan origination or service fees by the eligible displaced owner in the purchase of the replacement dwelling, not to exceed one percent of either the mortgage on the acquired dwelling, or 1% of the probable replacement cost of the acquired dwelling as determined by the Department, whichever is less.
(6). Variable Rate Mortgages.
(A) The interest rate of the mortgage on the acquired property shall be deemed to be that stated in the mortgage except that in those mortgages wherein the lender has the lawful right to make periodic adjustments in the interest rate, the interest rate in effect at the time of acquisition by the Department shall be used in the increased interest cost computation.
(B) The interest rate of the mortgage on the replacement dwelling shall be deemed to be the rate which will be applied to determine the first periodic payment of principal and interest on said mortgage.
(d) Incidental Expenses.
(1) Amount of Payment. The incidental expenses payment is the amount necessary to reimburse the homeowner for the actual costs in curred by him incident to the purchase of the replacement dwelling, but not for prepaid expenses. Such expenses shall be reasonable and legally required or customary in the community. Such costs may include, but are not limited to, the following items where actually paid by the displaced homeowner:
(A) Legal, closing and related costs including title search, preparing conveyance contracts, notary fees, surveys, preparing drawings or plates and charges paid incident to recordation;
(B) Lenders, Federal Housing Administration or Veterans Administration appraisal fee;
(C) Federal Housing Administration or Veterans Administration application fee;
(D) Certification of structural soundness when required by lender, Federal Housing Administration or Veterans Administration;
(E) Credit report;
(F) Owner's title policy or abstract of title;
(G) Escrow agent's fee;
(H) State real estate transfer tax;
(I) Sales or transfer taxes;
(J) No fee, cost, charge or expense is reimbursable as an incidental expense when it is determined to be a part of the debt service, or finance charge under the Truth in Lending Act, Title I, Public Law 90-321, and Regulation Z issued pursuant thereto by the Board of Governors of the Federal Reserve System.
(e) Owner Retention of Dwelling. Where an owner-occupant retains his dwelling, the replacement housing payment shall be computed in accordance with the appropriate paragraph below:
(1) Dwelling is Decent, Safe and Sanitary. The payment, if any, shall be the amount by which the costs to relocate the retained dwelling exceeds the appraised value of the dwelling.
The costs to relocate may include the reasonable costs of acquiring a new site and other expenses incident to retaining, moving the dwelling and restoring it to a condition comparable to that before the move.
(2) Dwelling is Not Decent, Safe and Sanitary. The payment shall be computed as shown above except that the costs to cure the decent, safe and sanitary deficiencies shall be included in the costs to relocate.
(3) Limitations. The payment computed under Paragraphs (1) or (2) of this subsection may not exceed the amount which the owner would have obtained under subsection (b) (1) of this Section or, if no comparables are available on which to make such a determination, the cost of a new dwelling adequate to accommodate the displaced person.

Note: Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.


s 370.18. Rental Differential Payment to Owner-Occupant for 180 Days or More Who Rents a Replacement Dwelling.
(a) General. An owner-occupant eligible for a replacement housing payment under Section 370.17 (a) who elects to rent a replacement dwelling is eligible for a rental differential payment not to exceed $4,000.00.
(b) Computation and Disbursement of Payment. The payment shall be computed and disbursed in accordance with the provisions of Section 370.21 (b), (c) and (d) except that:
(1) The present rental rate shall be economic rent as determined by market data; and
(2) The payment may not exceed the maximum amount which he would have received had he elected to receive a purchase differential payment under Section 370.17 (b).

Note: Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.


s 370.19. Replacement Housing Payment to Owner-Occupant for Less Than 180 Days but Not Less Than 90 Days Who Purchases a Replacement Dwelling.
(a) General. A displaced owner-occupant otherwise eligible under Section 370.17 (a) except that he has owned and occupied the dwelling for less than 180 days but not less than 90 days may receive an amount, not to exceed $4,000.00, to enable him to make a downpayment on the purchase of a replacement dwelling and reimbursement for actual expenses incident to such purchase; or for additional costs to relocate his retained dwelling in accordance with the following:
(b) Computation of Downpayment and Incidental Expenses.
(1) The amount of the downpayment shall be determined by the Department as the amount required as a typical downpayment on a comparable dwelling if such purchase was financed with a conventional loan, plus the amount required to be paid by the purchaser as points and/or an origination or loan services fee (not to exceed one percent of the probable replacement cost of the acquired dwelling as determined by the Department or one percent of the loan on the replacement dwelling whichever is less), if such fees are normal to real estate transactions in the area.
(2) The expenses incident to the purchase of replacement housing as provided in Section 370.17 (d);
(3) Upon purchase and occupancy of a decent, safe and sanitary dwelling by the relocatee within the time limits specified by Section 370.16 (b) the relocatee may be reimbursed:
(A) The amount of the downpayment determined in subsection (b) (1) of this Section and the eligible incidental expenses if the total amount of both does not exceed $2,000.00, or if more than $2,000.00;
(B) $2,000.00, plus 50 percent of the amount in excess of $2,000.00 providing the relocatee contributes 50 percent of the amount in excess of $2,000.00. In no event may the combined payments exceed $4,000.00.
(4) The full amount of the downpayment must be applied to the purchase price and eligible incidental costs, such downpayment and incidental costs claimed must be shown in the closing statement.
(c) Owner Retention of Dwelling. The owner may retain his dwelling and the replacement housing payment, if any, will be determined in accordance with the provisions of Section 370.17 (e) (1) and (2) but in no event will such payment exceed $4,000.00.

Note: Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.


s 370.20. Rental Differential Payment to Owner-Occupant for Less Than 180 Days but Not Less Than 90 Days Who Rents a Replacement Dwelling.
(a) General. A displaced owner-occupant otherwise eligible under Section 370.17 (a) except that he has owned and occupied the dwelling for less than 180 days but not less than 90 days and elects to rent a replacement dwelling is eligible for a rental differential payment not to exceed $4,000.00.
(b) Computation and Disbursement of Payment. The payment will be computed and disbursed in accordance with the provisions of Section 370.21 (b), (c) and (d) except that the present rental rate shall be economic rent as determined by market data.

Note: Authority cited: 7267.8, Government Code. Reference: Section 7268, Government Code.


s 370.21. Rental Differential Payment to Tenant-Occupant for Not Less Than 90 Days Who Rents a Replacement Dwelling.
(a) General. A displaced tenant is eligible for a rental differential payment not to exceed $4,000.00, if:
(1) He has been occupying the dwelling to be acquired as his primary residence for at least 90 consecutive days immediately prior to and including the date of initiation of negotiations; and
(2) The property was subsequently acquired; and
(3) He rented and occupied a decent, safe and sanitary dwelling within the time period specified in Section 370.16 (b).
(b) Computation of Payment.
(1) The payment, not to exceed $4,000.00, shall be determined by subtracting forty-eight (48) times the base monthly rental from:
(A) Forty-eight (48) times the monthly amount which the tenant actually pays for a replacement dwelling, or if lesser;
(B) Forty-eight (48) times the monthly amount determined by the Department as necessary to rent a comparable replacement dwelling.
(c) Department to Determine Method. The Department shall determine the amount necessary to rent a comparable replacement dwelling.
(d) Disbursement of Rental Differential Payments.
(1) Rental differential payments shall be paid in a lump sum, monthly or at other intervals determined as appropriate by the Department.
(2) If an installment payment is determined appropriate, the tenant must certify to the Department prior to receiving each installment payment that he is occupying decent, safe and sanitary housing. In the case where installment payments are being made to a dependent, he must certify that he is actually occupying the replacement property as specified in Section 370.16 (h).

Note: Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.


s 370.22. Replacement Housing Payment to Tenant-Occupant for Not Less Than 90 Days Who Purchases a Replacement Dwelling.
(a) General. A displaced tenant eligible for a rental replacement housing payment under Section 370.21 (a) who elects to purchase a replacement dwelling is eligible to receive an amount, not to exceed $4,000.00, to enable him to make a downpayment on the purchase of a comparable replacement dwelling including the expenses incident to such purchase.
(b) Computation of Payment. The payment shall be computed in accordance with the provisions of Section 370.19 (b).

Note: Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.


s 370.23. Replacement Housing Payment to Tenant of a Sleeping Room for Not Less Than 90 Days.
(a) General. A displaced tenant of a sleeping room who is eligible for a replacement housing payment under Section 370.21 (a) may receive an amount not to exceed $4,000.00 as a comparable replacement dwelling in accordance with the following paragraphs.
(b) Rental Differential Payment.
(1) The payment, not to exceed $4,000.00, shall be computed in accordance with the provisions of Section 370.21 (b).
(2) The Department's determination of the amount necessary to rent and the disbursement of the rental differential payments shall be as provided in Section 370.21 (c) and (d).
(c) Downpayment. The downpayment amount, including the expenses incident to purchase of the comparable replacement dwelling are to be computed in accordance with the provisions of Section 370.19 (b).

Note: Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.


s 370.24. Mobile Homes.
(a) General. Acquisition of Mobile Homes. The Department may purchase mobile homes where:
(1) The structural condition of the mobile home is such that it cannot be moved without substantial damage or unreasonable cost; or
(2) The mobile home is owner-occupied as a primary residence and is not a decent, safe and sanitary dwelling unit as defined in Section 370.04(c) of this Article and the decent, safe and sanitary deficiencies cannot be remedied at a reasonable cost.
(3) The mobile home is owner-occupied as a primary residence, and there are no adequate mobile home sites available in which to relocate the displacee's mobile home.
(b) Partial Acquisition of Mobile Home Park. Where the Department determines that a sufficient portion of a mobile home park is taken to justify the operator of such park to move his business or go out of business the owners and occupants of the mobile home dwellings not within the actual taking but who are forced to move shall be eligible to receive the same payments as though their dwellings were within the actual taking.
(c) Mobile Homes as Replacement Dwellings. A mobile home may be considered a replacement dwelling provided:
(1) The mobile home meets decent, safe and sanitary standards as provided in Section 370.04(c);
(2) The mobile home is placed in a fixed location;
(A) In a mobile home park which is licensed and operating under State law; or
(B) In a mobile home subdivision wherein the displaced person owns the lot on which the mobile home is placed; or
(C) On real property owned or leased by the displaced person in other than a mobile home subdivision, provided such placement is in accordance with State and local laws or ordinances and provided such placement was made under permit from the State or local agency.
(d) Computation on Next Highest Type. When a comparable mobile home is not available it will be necessary to calculate the replacement housing payment on the basis of the next highest type of dwelling that is available and meets the applicable requirements and standards, i.e., a higher type mobile home or a conventional dwelling.
(1) "Not available" as used in this subsection includes, but is not limited to, those cases where mobile homes cannot be relocated in mobile home parks within a reasonable distance from the place of dislocation because of lack of available spaces or because of the standards and rules of the mobile home parks where spaces are available.
(e) General Provisions. The general provisions for moving expenses and replacement housing payments of Sections 370.11 and 370.16 of this Article are also applicable to owners and tenants of mobile homes.

Note: Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.


s 370.25. Moving Expenses for Mobile Homes.
(a) General. The eligibility requirements of Section 370.11(a) and the provisions of Sections 370.11 and 370.12 are applicable to owners and occupants displaced from a mobile home.
(b) Owners of Mobile Homes.
(1) The owner of a mobile home may be reimbursed for the actual reasonable costs of moving the mobile home or other personal property in accordance with the provisions of Section 370.12(b); or
(2) If the owner occupies the mobile home, whether the mobile home is moved or not, he may elect to be reimbursed in accordance with Section 370.12(c).
(3) The cost of moving a mobile home on an actual cost basis may include the cost of detaching and reattaching fixtures and appliances where applicable. When required at the replacement site, the Department may include, as moving expenses, necessary costs of skirting, awnings, etc.
(c) Mobile Home Tenants. Tenants who are displaced from a mobile home may elect to be reimbursed for moving their personal property on an actual reasonable cost basis as specified in Section 370.12(b) or in accordance with Section 370.12(c).

Note: Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.


s 370.26. Replacement Housing Payments -Mobile Homes.
(a) The owner-occupant of a mobile home and site who purchases both a replacement dwelling and site shall be provided a replacement housing payment in accordance with Sections 370.17 or 370.19, as appropriate. If the owner-occupant rents both a replacement dwelling and site, he shall be provided a payment in accordance with Sections 370.18 or 370.20, as appropriate.
(b) The owner-occupant of a mobile home and site who purchases a replacement dwelling and rents a replacement site shall be provided a payment in accordance with Sections 370.17 and 370.18. The payment shall be limited to the lesser of:
(1) The amount as determined by the Department as necessary to purchase a conventional replacement dwelling; and
(2) The amount as determined by the Department as necessary to purchase a replacement mobile home (in accordance with Section 370.17) plus the amount necessary to rent a replacement site (in accordance with Section 370.18) to a maximum of $15,000.
(3) If an owner-occupant for over 90 days but less than 180 days, the owner-occupant of a mobile home would only be eligible for payments provided by Sections 370.19 or 370.20 to a maximum of $4,000.
(c) The owner-occupant who owns a site from which he moves a mobile home shall be provided a replacement housing payment under Sections 370.17 or 370.19 if he purchases a replacement site and under Sections 370.18 or 370.20 if he rents a replacement site.
(d) The owner-occupant of a mobile home which is acquired and who rents the acquired site shall be provided payment as follows:
(1) If a mobile home is not available, the amount required to purchase a conventional replacement dwelling (in accordance with Section 370.17); and
(2) The amount necessary to purchase a replacement mobile home (in accordance with Section 370.17) plus the amount necessary to lease, rent, or make a downpayment on a replacement site (in accordance with Sections 370.18 and 370.19) to a maximum of $15,000.
(3) If an owner-occupant of a mobile home for more than 90 days but less than 180 days, the owner-occupant shall only be eligible for payments provided by Sections 370.19 or 370.20, to a maximum of $4,000.
(4) If he elects to rent a replacement mobile home and site, the amount required to do so in accordance with Section 370.18.
(e) The tenant-occupant who rents a mobile home and site shall be provided payments in accordance with Sections 370.21 and 370.22.
(f) Similar principles shall be applied to other possible combinations of ownership and tenancy upon which a claim for payment might be based.

Note: Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.


s 370.27. Housing Provided As a Last Resort -General.
(a) When it is determined that adequate replacement housing is not available, or cannot otherwise be made available, the Department shall take steps to provide comparable replacement housing. Such steps shall include, but not be limited to, the following:
(1) Provide for payments over and above the limits established in this chapter which will put the comparable replacement housing that is available within the financial means of the displacees. Under no circumstances will a rental subsidy exceed a period of 48 months.
(2) Provide for the purchase or construction of comparable replacement housing which can be made available to the displacee, withinhis financial means and reasonably accessible to his place of employment. (continued)