CCLME.ORG - DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT

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5. The benefits are needed because the alien requires medical attention or mental health counseling, or has become disabled, as a result of the battery or extreme cruelty.
6. The benefits are needed because the loss of a dwelling or source of income or fear of the abuser following separation from the abuser jeopardizes the alien's ability to care for his or her children (e.g., inability to house, feed, or clothe children or to put children into a day care facility for fear of being found by the abuser).
7. The benefits are needed to alleviate nutritional risk or need resulting from the abuse or following separation from the abuser.
8. The benefits are needed to provide medical care during a pregnancy resulting from the abuser's sexual assault or abuse of, or relationship with, the alien and/or to care for any resulting children.

9. Where medical coverage and/or health care services are needed to replace medical coverage or health care services the alien had when living with the abuser.
(C) The alien has been approved or has a petition pending which sets forth a prima facie case for:
1. status as a spouse or child of a United States citizen pursuant to clause (ii), (iii), or (iv) of Section 204(a)(1)(A) of the INA (8 U.S.C. s 1154(a)(1)(A)(ii), (iii) or (iv));
2. classification pursuant to clause (ii) or (iii) of Section 204(a)(1)(B) of the INA (8 U.S.C. s 1154 (a) (1) (B) (ii) or (iii));
3. suspension of deportation pursuant to s 244(a)(3) of the INA (8 U.S.C. s 1254) as in effect prior to April 1, 1997 [Pub.L. 104-208, sec. 501 (effective September 30, 1996, pursuant to sec. 591): Pub.L. 104-208. sec. 304 (effective April 1, 1997, pursuant to sec 309): Pub.L. 105-33. Sec. 5581 (effective pursuant to sec. 5582)] (incorrectly codified as cancellation of removal under section 240A of such Act [8 USCS sec. 1229b] (as in effect prior to April 1, 1997);

4. status as a spouse or child of a United States citizen pursuant to clause (i) of Section 204 (a) (1) (A) of the INA (8 U.S.C. s 1154 (a) (1) (A)(i) or classification pursuant to clause (i) of Section 204 (a)(1)(B) of the INA (8 U.S.C. s 1154 (a) (1) (B)(i)), or
5. cancellation of removal pursuant to section 240(b)(2)(A) of the INA (8 U.S.C. s 1229(b)(2)).
(D) For the period for which benefits are sought, the individual responsible for the battery or cruelty does not reside in the same household or family eligibility unit as the individual subjected to the battery or cruelty.
(9) An alien who meets all of the conditions of subparagraphs (A), (B), (C), (D) and (E) below:
(A) The alien has a child who has been battered or subjected to extreme cruelty in the United States by a spouse or a parent of the alien (without the active participation of the alien in the battery or cruelty), or by a member of the spouse's or parent's family residing in the same household as the alien, and the spouse or parent consented or acquiesced to such battery or cruelty. For purposes of this subsection, the term "battered or subjected to extreme cruelty" includes, but is not limited to being the victim of any act or threatened act of violence including any forceful detention, which results or threatens to result in physical or mental injury. Rape, molestation, incest (if the victim is a minor), or forced prostitution shall be considered acts of violence.
(B) The alien did not actively participate in such battery or cruelty;
(C) In the opinion of the enforcement agency, there is a substantial connection between such battery or cruelty and the need for the benefits to be provided. For purposes of this subsection, the following circumstances demonstrate a substantial connection between the battery or cruelty and the need for the benefits to be provided:
1. The benefits are needed to enable the alien's child to become self-sufficient following separation from the abuser.
2. The benefits are needed to enable the alien's child to escape the abuser and/or the community in which the abuser lives, or to ensure the safety of the alien's child from the abuser.

3. The benefits are needed due to a loss of financial support resulting from the alien child's separation from the abuser.
4. The benefits are needed because the battery or cruelty, separation from the abuser, or work absences or lower job performance resulting from the battery or extreme cruelty or from legal proceedings relating thereto (including resulting child support, child custody, and divorce actions) cause the alien's child to lose his or her job or to earn less or to require the alien's child to leave his or her job for safety reasons.
5. The benefits are needed because the alien's child requires medical attention or mental health counseling, or has become disabled, as a result of the battery or extreme cruelty.
6. The benefits are needed because the loss of a dwelling or source of income or fear of the abuser following separation from the abuser jeopardizes the alien's child's ability to care for his or her children (e.g., inability to house, feed, or clothe children or to put children into a day care facility for fear of being found by the abuser).

7. The benefits are needed to alleviate nutritional risk or need resulting from the abuse or following separation from the abuser.
8. The benefits are needed to provide medical care during a pregnancy resulting from the abuser's sexual assault or abuse of, or relationship with, the alien's child and/or to care for any resulting children.
9. Where medical coverage and/or health care services are needed to replace medical coverage or health care services the alien's child had when living with the abuser.
(D) The alien meets the requirements of subsection (j)(8)(C) above;
(E) For the period for which benefits are sought, the individual responsible for the battery or cruelty does not reside in the same household or family eligibility unit as the individual subjected to the battery or cruelty.
(10) An alien child who meets all of the conditions of subparagraphs (A), (B), and (C) below:
(A) The alien child resides in the same household as a parent who has been battered or subjected to extreme cruelty in the United States by that parent's spouse or by a member of the spouse's family residing in the same household as the parent and the spouse consented or acquiesced to such battery or cruelty. For purposes of this subsection, the term "battered or subjected to extreme cruelty" includes, but is not limited to being the victim of any act or threatened act of violence including any forceful detention, which results or threatens to result in physical or mental injury. Rape, molestation, incest (if the victim is a minor), or forced prostitution shall be considered acts of violence.
(B) In the opinion of the enforcement agency there is a substantial connection between such battery or cruelty and the need for the benefits to be provided. For purposes of this subsection, the following circumstances demonstrate a substantial connection between the battery or cruelty and the need for the benefits to be provided:
1. The benefits are needed to enable the alien child's parent to become self-sufficient following separation from the abuser.
2. The benefits are needed to enable the alien child's parent to escape the abuser and/or the community in which the abuser lives, or to ensure the safety of the alien child's parent from the abuser.
3. The benefits are needed due to a loss of financial support resulting from the alien child's parent's separation from the abuser.
4. The benefits are needed because the battery or cruelty, separation from the abuser, or work absences or lower job performance resulting from the battery or extreme cruelty or from legal proceedings relating thereto (including resulting child support, child custody, and divorce actions) cause the alien child's parent to lose his or her job or to earn less or to require the alien child's parent to leave his or her job for safety reasons.
5. The benefits are needed because the alien child's parent requires medical attention or mental health counseling, or has become disabled, as a result of the battery or extreme cruelty.
6. The benefits are needed because the loss of a dwelling or source of income or fear of the abuser following separation from the abuser jeopardizes the alien child's parent's ability to care for his or her children (e.g., inability to house, feed, or clothe children or to put children into a day care facility for fear of being found by the abuser).

7. The benefits are needed to alleviate nutritional risk or need resulting from the abuse or following separation from the abuser.
8. The benefits are needed to provide medical care during a pregnancy resulting from the abuser's sexual assault or abuse of, or relationship with, the alien child's parent and/or to care for any resulting children.
9. Where medical coverage and/or health care services are needed to replace medical coverage or health care services the alien child's parent had when living with the abuser.
(C) The alien child meets the requirements of subsection (j)(8)(C) above.
(k) "Unqualified Alien" means an alien who is not a qualified alien.

Note: Authority cited: Sections 17003.5, 17020, 18015, 18020, 18300, 19990 and 19991.3, Health and Safety Code; and Section 15376, Government Code. Reference: 8 U.S.C. Sections 1621, 1641 and 1642; Sections 17003.5, 17020, 18015, 18020, 18300, 19990 and 19991.3, Health and Safety Code; and Section 15376, Government Code.

s 5808. Nondiscrimination.
All eligibility requirements contained in this chapter shall be applied without regard to the race, creed, color, gender, religion, age, disability, familial status or national origin of individuals applying for public benefits.

Note: Authority cited: Sections 17003.5, 17020, 18015, 18020, 18300, 19990 and 19991.3, Health and Safety Code; and Section 15376, Government Code. Reference: 8 U.S.C. Sections 1621, 1641 and 1642; Sections 17003.5, 17020, 18015, 18020, 18300, 19990 and 19991.3, Health and Safety Code; and Section 15376, Government Code.

s 5810. Eligibility Requirements for Public Benefits.
(a) Eligibility must be determined for each recipient of a public benefit subject to this chapter.
(b) To be eligible to receive a public benefit subject to this chapter, a person must be a United States citizen or national, or, pursuant to Section 411 of the PRWORA, one of the following: (1) a qualified alien; (2) a nonimmigrant alien under the INA; or (3) an alien who is paroled into the United States under s 212(d)(5) of the INA (8 U.S.C. s 1182(d)(5)) for less than one year.
(c) An alien shall be entitled to retain a public benefit under this chapter only so long as he or she is a qualified alien.

Note: Authority cited: Sections 17003.5, 17020, 18015, 18020, 18300, 19990 and 19991.3, Health and Safety Code; and Section 15376, Government Code. Reference: 8 U.S.C. Sections 1621, 1641 and 1642; Sections 17003.5, 17020, 18015, 18020, 18300, 19990 and 19991.3, Health and Safety Code; and Section 15376, Government Code.

s 5812. Time of Eligibility Determination; Period of Effect of a Public Benefit.
(a) Eligibility of an applicant shall be determined at the time of application for a public benefit, prior to issuance of the public benefit being applied for, except as provided in Section 5816(g). If the enforcement agency investigates an applicant and does not determine that the applicant is eligible to receive public benefits pursuant to this chapter, the public benefit shall be denied, except as provided in Section 5816(g).
(b) Except as provided in Section 5816(g), the continuing eligibility for public benefits of a person who has received a public benefit prior to the effective date of these regulations shall be established prior to an enforcement agency's approval of any renewal or other change concerning the public benefit which, pursuant to program regulations, requires the enforcement agency's prior approval. If a person fails to establish eligibility, the enforcement agency shall withhold its approval of the renewal or other change, except as provided in Section 5816(g). Under no circumstances may a public benefit provided to a person be transferred to an unqualified alien, nor may a public benefit be used in a manner which would allow an unqualified alien to be a beneficiary.
(c) All determinations of ineligibility shall be promptly transmitted to the applicant in writing, and shall include the reasons for the determination and a summary of the applicable appeal procedures set forth in section 5818.

Note: Authority cited: Sections 17003.5, 17020, 18015, 18020, 18300, 19990 and 19991.3, Health and Safety Code; and Section 15376, Government Code. Reference: 8 U.S.C. Sections 1621, 1641 and 1642; Sections 17003.5, 17020, 18015, 18020, 18300, 19990 and 19991.3, Health and Safety Code; and Section 15376, Government Code.

s 5814. Responsibility for Eligibility Determination.
(a) Eligibility of an applicant shall be determined by the enforcement agency, as part of its ongoing program enforcement responsibilities. An enforcement agency other than the department may refer the verification of alien applicants to the department by transferring to the department's Division of Codes and Standards copies of all documentation presented by the applicant and the department's fee pursuant to subdivision (d) of Section 5814. Each enforcement agency which is performing verifications shall maintain the appropriate documentation for each recipient of public benefits or applicant whose eligibility it has determined. Where the eligibility of an applicant for a public benefit has already been verified as part of an eligibility process for another program subject to PRWORA, that verification shall be deemed adequate for purposes of this chapter, and documentation of such verification shall be maintained in the applicant's file.
(b) The failure of a local enforcement agency which is performing verifications to perform eligibility verifications as required by this chapter may, in the department's discretion, be considered a failure to perform the duties of an enforcement agency under applicable program regulations.
(c)Any enforcement agency other than the department which verifies eligibility may charge applicants a reasonable fee for determining eligibility, not to exceed the actual cost of performing the verification. When an enforcement agency other than the department refers the verification of an applicant's eligibility to the department as provided in subdivision (a), the enforcement agency shall collect from the applicant and transmit to the department the fee pursuant to subdivision (d).
(d) The department may charge a fee of $13.00 for each verification it performs.
(e) An enforcement agency, including the department, shall not be liable for any action, delay, error or failure by the INS in operating the Systematic Alien Verification for Entitlements (SAVE) system or any other verification process, or by any other public agency to which the enforcement agency applies to obtain information the enforcement agency deems necessary to its determination of the eligibility of an applicant to receive public benefits.

Note: Authority cited: Sections 17003.5, 17020, 18015, 18020, 18300, 19990, 19991.3 and 50406(f), Health and Safety Code; and Section 15376, Government Code. Reference: 8 U.S.C. Sections 1621, 1641 and 1642; Sections 17003.5, 17020, 18015, 18020, 18300, 19990 and 19991.3, Health and Safety Code; and Section 15376, Government Code.

s 5816. Method of Determining Eligibility.
(a) To be considered for eligibility, an applicant shall declare his or her status as a United States citizen or national, a qualified alien, a nonimmigrant alien, or a parolee to the United States by completing and signing the "Statement of Citizenship, Alienage, and Immigration Status for State Public Benefits", Form HCD-Benefit Status Form 1 ( "HCD Form 1"), 8/98 version, which is hereby incorporated into these regulations by reference and will be provided by the department.
(b) The applicant shall present documents of a type acceptable to the INS, as described in List A of HCD Form 1 (8/98) in the case of an applicant who is a citizen or national, or List B of HCD Form 1 (8/98) in the case of an applicant who is an alien, as evidence of the applicant's declared status at the time of application. The enforcement agency may accept copies of listed documents as evidence if in its judgment the documents copied reasonably appear to be genuine and to relate to the applicant. A fee receipt from the INS for replacement of a lost, stolen, or unreadable INS document is reasonable evidence of an alien's declared status. Where the documents reasonably appear to be genuine and to relate to the applicant, the applicant shall be considered eligible for the public benefit.
(c) If the documents presented do not on their face appear to be genuine or to relate to the individual presenting them, the enforcement agency shall contact the government entity that originally issued the documents for verification. In the case of naturalized citizens, derivative citizens presenting certificates of citizenship, and aliens, the INS is the appropriate government entity to contact for verification. The enforcement agency shall request verification from the INS by filing INS Form G-845 or its successor, with copies of the pertinent documents provided by the applicant, with the local INS office. If an applicant has lost his or her original documents or presents expired documents or is unable to present any documentation evidencing his or her immigration status, the applicant shall be referred to the local INS office to obtain documentation.
(d) The following documents presented by applicants shall be referred to the INS for verification:
(1) A document which indicates immigration status but does not include an alien registration or alien admission number.
(2) A document which is suspected to be counterfeit or to have been altered.
(3) A document which includes an alien registration number in the A60 000 000 (not yet issued) or A80 000 000 (illegal border crossing) series.
(4) A document which is one of the following: an INS Form I-181b notification letter issued in connection with an INS Form I-181 Memorandum of Creation of Record of Permanent Residence, an Arrival-Departure Record (INS Form I-94) or a foreign passport stamped "PROCESSED FOR I-551, TEMPORARY EVIDENCE OF LAWFUL PERMANENT RESIDENCE," that INS issued more than one year before the date of application for a public benefit subject to this chapter.
(e) If the INS advises that the applicant is a citizen, a national, or has immigration status which makes him or her a qualified alien under the PRWORA, the INS verification shall be accepted. If the INS advises that it cannot verify that the applicant is a citizen, a national, or a qualified alien, benefits shall be denied and the applicant notified of the denial and of his or her right to appeal the denial pursuant to Section 5818.
(f) Pursuant to Section 434 of the PRWORA (8 U.S.C. s 1644), where the enforcement agency reasonably believes that an alien is unlawfully in the State based on the failure of the alien to provide reasonable evidence of the alien's declared status, after an opportunity to do so, that alien shall be reported to the INS.
(g) If an applicant provides the enforcement agency with all information required by subdivisions (a) and (b), and following review of this information the enforcement agency determines that no further action is necessary to determine the applicant's eligibility, the applicant shall be considered eligible for public benefits. However, if the enforcement agency determines that further action is necessary, the applicant shall be considered eligible for a temporary permit, certification or license as specified below, until and unless the enforcement agency receives written confirmation from the INS, or determines based on other information received, that the applicant is not eligible for a public benefit.
(1) The enforcement agency shall issue the applicant a temporary permit, certification or license, valid for a period not to exceed 180 days, which may be extended for one additional period of not more than 180 days.
(2) If the enforcement agency later determines the applicant is eligible to receive the public benefit applied for, it shall issue the applicant a permit, certification or license which is valid for the normal period, as provided in the applicable program statutes and regulations, beginning with the date of issuance of the temporary permit, certification or license.
(3) If the enforcement agency later determines the applicant is not eligible to receive the public benefit applied for, the temporary permit, certification or license shall become void 30 days after the date of the determination of ineligibility. The enforcement agency shall promptly notify the applicant by first-class mail of the determination and the date on which the temporary permit, certification or license shall become void, and promptly thereafter shall ascertain whether the applicant has ceased the activity authorized by the temporary permit, certification or license.

Note: Authority cited: Sections 17003.5, 17020, 18015, 18020, 18300, 19990 and 19991.3, Health and Safety Code; and Section 15376, Government Code. Reference: 8 U.S.C. Sections 1621, 1641 and 1642; Sections 17003.5, 17020, 18015, 18020, 18300, 19990 and 19991.3, Health and Safety Code; and Section 15376, Government Code.

s 5818. Appeals.
(a) Any person determined to be ineligible to receive public benefits by an enforcement agency pursuant to this chapter may appeal that determination as provided in this section.
(b) To be considered, an appeal must: (1) be submitted in writing to the enforcement agency that performed the eligibility verification; (2) be delivered to the department by the applicant, by a messenger service, or by U.S. Mail, within 10 calendar days from the date of the written determination of ineligibility, as evidenced by either the date of receipt when delivered by the applicant, or by a Postmark or equivalent date on the messenger service delivery envelope; and (3) state the reason(s) the person believes the determination was in error.
(c) The enforcement agency shall follow the appeal procedures set forth in this subdivision:
(1) Upon receipt of an appeal, the verifying enforcement agency shall conduct an administrative review of the decision being appealed, including all documentary information submitted by the appellant in support of his or her appeal. Within 15 calendar days of receipt of an appeal, the administrative review shall be completed and a written notice issued to the appellant either that the appellant has been found eligible to receive benefits, or that the appellant has been found ineligible to receive benefits and the date, time and location at which a hearing will take place. The hearing may be by telephone or in person, in which case the hearing will be held in the general geographic area where the benefit would have been conferred.
(2) The enforcement agency shall appoint an employee other than the person who performed the initial verification to serve as Hearing Officer. The program providing the benefit applied for may be, but is not required to be, represented at the hearing.

(3) The Hearing Officer may determine the relevance of the information or testimony, may limit the length of presentations, and may eject threatening or abusive persons from the hearing. The Hearing Officer may request additional evidence, proof, or documentation from the appellant at the time of the hearing, or thereafter, and shall set a time after which no additional information will be accepted.
(4) The authority of the Hearing Officer shall be limited to determinations of eligibility pursuant to this chapter, and he or she shall have no authority to overrule any finding or decision of the INS. Pending the Hearing Officer's decision, any discretionary action regarding eligibility for public benefits shall be stayed. If, during the appeal process, the appellant is found to be ineligible to receive benefits under the program applied under for reasons other than those set forth in this subchapter, the appeal shall be dismissed.
(5) The Hearing Officer shall render a decision in writing within 15 working days after the hearing, and this will be a final administrative decision.
(6) The hearing shall be recorded, but only transcribed where the verifying entity deems it necessary. Tapes shall be retained for one year after a decision is reached.

Note: Authority cited: Sections 17003.5, 17020, 18015, 18020, 18300, 19990 and 19991.3, Health and Safety Code; and Section 15376, Government Code. Reference: 8 U.S.C. Sections 1621, 1641 and 1642; Sections 17003.5, 17020, 18015, 18020, 18300, 19990 and 19991.3, Health and Safety Code; and Section 15376, Government Code.

s 5820. Appeals.

Note: Authority cited: Sections 17003.5, 17020, 18015, 18020, 18300, 19990 and 19991.3, Health and Safety Code; and Section 15376, Government Code. Reference: 8 U.S.C. Sections 1621, 1641 and 1642; Sections 17003.5, 17020, 18015, 18020, 18300, 19990 and 19991.3, Health and Safety Code; and Section 15376, Government Code.

s 6000. Order of Adoption.
This subchapter (hereinafter referred to as the "Guidelines") is adopted pursuant to the provisions of Section 41135, Health and Safety Code, in order to implement, interpret and to make specific provisions of Division 7, commencing with Section 7260 of the Government Code (hereinafter referred to as the "Act"), relating to relocation assistance, last resort housing and real property acquisition.

Note: Authority cited for Chapter 6: Sections 41134, 41135, and 41226, Health and Safety Code. Reference: Section 7260 et seq., Government Code; 41134, 41135, and 41226, Health and Safety Code.

s 6002. Statement of Purpose and Policy.
(a) The purpose of the Guidelines is to assist public entities in the development of regulations and procedures implementing the Act.
(b) The Guidelines are designed to carry out the following policies of the Act:
(1) To ensure that uniform, fair and equitable treatment is afforded persons displaced from their homes, businesses or farms as a result of the actions of a public entity in order that such persons shall not suffer disproportionate injury as a result of action taken for the benefit of the public as a whole; and
(2) In the acquisition of real property by a public entity, to ensure consistent and fair treatment for owners of real property to be acquired, to encourage and expedite acquisition by agreement with owners of such property in order to avoid litigation and relieve congestion in courts, and to promote confidence in public land acquisition.
(c) A public entity shall not participate in or undertake a project that will displace individuals from their homes unless comparable replacement dwellings (see subsection 6008(c)) will be available within a reasonable period of time prior to displacement.
(d) The Guidelines are intended to establish only minimum requirements for relocation assistance and payments. They shall not be construed to limit any other authority or obligation which a public entity may have to provide additional assistance and payments.
(e) The Act and the Guidelines are intended for the benefit of displaced persons, to ensure that such persons receive fair and equitable treatment and do not suffer disproportionate injuries as the result of programs designed for the benefit of the public as a whole. The Act, Guidelines and all applicable regulations on which determinations are based shall be construed to effect this intent.

s 6004. Applicability and Supersedure.
(a) Except as otherwise noted in this section, the Guidelines are applicable to all displacement and acquisition occurring on or after their effective date, January 1, 1977.
(b) These Guidelines supersede those adopted by the Commission of Housing and Community Development on October 17, 1973. The guidelines so superseded shall not apply to any displacement or acquisition occurring on or after the effective date of these Guidelines. Any such displacement or acquisition shall be governed solely by these Guidelines and the California Relocation Act, found at Government Code section 7260 et seq.
The provisions of these Guidelines, however, shall not be construed retroactively to apply to action(s) undertaken by a public entity prior to their effective date where the purpose of the action was to fulfill obligations imposed by the Act and the action is in compliance with the requirements of the Act and the existing Guidelines. For the purpose of this section the term "action" shall include but is not limited to: the provision of information, notice, other assistance, comparable replacement housing, payments and other benefits; the preparation of relocation and last resort housing plans, including the survey and analysis of needs and resources; the processing of grievances; and the various steps taken in connection with the acquisition of property for public use.
These guidelines shall apply to relocation plans and notices to displacees subsequent to the effective date of any regulatory provision. The right of displacees shall not be reduced in reliance on any amendment to these guidelines where it may be demonstrated that the displacee has acted in reliance on a notice given to that household prior to the effective date of any guideline.
(c) To the extent that these Guidelines are from time to time amended, the amendments shall be effective prospectively from the date that they become effective.

Note: Authority cited: Section 50460, Health and Safety Code. Reference: Article 4, Section 8, California Constitution.

s 6006. Regulations.
(a) Each public entity before undertaking or participating in activity which will result in the displacement of persons shall adopt rules and regulations that implement the requirements of the Act, are in accordance with the provisions of the Guidelines, and prescribe additional procedures and requirements that are appropriate to the particular activities of the public entity and not inconsistent with the Act or Guidelines.
(b) Rules and regulations issued under this section shall be promptly revised as necessary, to conform to any amendment of the Act or Guidelines.

s 6008. Definitions.
The following terms shall mean:
(a) Acquisition.
Obtaining ownership or possession of property by lawful means.
(b) Business.
Any lawful activity, except a farm operation provided such lawful activity is not in an unlawful occupancy as defined in subsection (v), conducted primarily:
(1) For the purchase, sale, lease, or rental of personal and real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property;
(2) For the sale of services to the public;
(3) By a nonprofit organization; or
(4) Solely for the purpose of a moving expense payment (see section 6090), for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display, whether or not such display is located on the premises on which any of the above activities are conducted.
(c) Comparable Replacement Dwelling.
A dwelling which satisfies each of the following standards:
(1) Decent, safe and sanitary (as defined in subsection 6008(d)), and comparable to the acquired dwelling with respect to number of rooms, habitable living space and type and quality of construction, but not lesser in rooms or living space than necessary to accommodate the displaced person.
(2) In an area not subjected to unreasonable adverse environmental conditions from either natural or manmade sources, and not generally less desirable than the acquired dwelling with respect to public utilities, public and commercial facilities and neighborhood conditions, including schools and municipal services, and reasonably accessible to the displaced person's present or potential place of employment; provided that a potential place of employment may not be used to satisfy the accessibility requirement if the displaced person objects.
The Act and Guidelines do not require that the replacement dwelling be generally as desirable as the acquired dwelling with respect to environmental characteristics. Though a displaced person does not have to accept a dwelling subject to unreasonable adverse environmental conditions, neither is a public entity required to duplicate environmental characteristics, such as scenic vistas or proximity to the ocean, lakes, rivers, forests or other natural phenomena.

If the displaced person so wishes, every reasonable effort shall be made to relocate such person within or near to his existing neighborhood. Whenever practicable the replacement dwelling shall be reasonably close to relatives, friends, services or organizations with whom there is an existing dependency relationship.
(3) Available on the private market to the displaced person and available to all persons regardless of race, color, sex, marital status, religion, or national origin in a manner consistent with Title VIII of the Civil Rights Act of 1968 or any other applicable state or federal anti-discrimination law.
(4) To the extent practicable and where consistent with paragraph (c)(1) of this section, functionally equivalent and substantially the same as the acquired dwelling, but not excluding newly constructed housing.
(5)(A) Within the financial means of the displaced person. A replacement dwelling is within the financial means of a displaced person if the monthly rental cost (including utilities and other reasonable recurring expenses) minus any replacement housing payment available to the person (as provided in section 6104) does not exceed thirty percent (30%) [FN1] of the person's average monthly income (as defined in subsection 6008(1)).

(B) For homeowners; a replacement dwelling is within the financial means of a displaced person if the purchase price of the dwelling including related increased interest costs and other reasonable expenses including closing costs (as described in section 6102) does not exceed the total of the amount of just compensation provided for the dwelling acquired and the replacement housing payment available to the person (as provided in section 6102).
If a dwelling which satisfies these standards is not available the public entity may consider a dwelling which exceeds them.
(d) Decent, Safe and Sanitary.
(1) Housing in sound, clean and weather tight condition, in good repair and adequately maintained, in conformance with the applicable state and local building, plumbing, electrical, housing and occupancy codes or similar ordinances or regulations and which meets the following minimum standards:
(A) Each housekeeping unit shall include a kitchen with a fully usable sink, a stove or connection for a stove, a separate and complete bathroom, hot and cold running water in both bathroom and kitchen, an adequate and safe wiring system for lighting and other electrical services and heating as required by climatic conditions and local codes.
(B) Each nonhousekeeping unit shall be in conformance with state and local code standards for boarding houses, hotels and other dwellings for congregate living.
(2) When the term decent, safe and sanitary is interpreted, under local, state or federal law, as establishing a higher standard, the elements of that higher standard, which exceed the provision of paragraph (1) of this subsection, are incorporated herein. A unit which is occupied by no more than the maximum number of people allowed under the State Building Code shall be considered to be in compliance with the occupancy provisions of this subsection.
(e) Department. Department of Housing and Community Development.
(f) Displaced Person. Any person who moves from real property, or who moves his personal property from real property, either:
(1) As a result of a written notice of intent to acquire by a public entity or as a result of the acquisition of such real property, in whole or in part, by a public entity or by any person having an agreement with or acting on behalf of a public entity, or as the result of a written order from a public entity to vacate the real property, for public use; or
(2) As a result of the rehabilitation, demolition or other displacing activity undertaken by a public entity or by any person having an agreement with or acting on behalf of a public entity of real property on which the person is in lawful occupancy or conducts a business, and the displacement, except as provided in Government Code section 7262.5, lasts longer than 90 days.
This definition shall be construed so that persons displaced as a result of public action receive relocation benefits in cases where they are displaced as a result of an owner participation agreement or an acquisition carried out by a private person for or in connection with a public use where the public entity is otherwise empowered to acquire the property to carry out the public use.
(3) Except persons or families of low and moderate income, as defined in Section 50093 of the Health and Safety Code, who are occupants of housing which was made available to them on a permanent basis by a public agency and who are required to move from that housing, a displaced person shall not include any of the following:

(A) Any person who has been determined to be in unlawful occupancy of the displacement property as defined in subsection 6008(v).
(B) Any person who is a post-acquisition occupant of the displacement dwelling, as provided in section 6034(b);
(C) Any person who occupied the property for the purpose of obtaining relocation benefits and assistance;
(D) Any person who is an occupant of a "Qualified affordable housing preservation project" and all requirements of Government Code section 7262.5 are met; or
(E) Any person occupying private property (not otherwise entitled to relocation benefits as a result of an acquisition, rehabilitation or demolition program) who is required to move as a result of the displacing agency's routine enforcement of building, housing or health codes unless the code enforcement is undertaken for the purpose of causing displacement in coordination with an identified rehabilitation, construction, or demolition program or project.

(F) A person who is not required to move permanently or temporarily as a result of the project as long as they are notified they are not required to move and the project does not impose an unreasonable change in the character or use of the property.
(G) An owner-occupant who moves as a result of an acquisition meeting the requirements of Government Code section 7277.
(g) Dwelling. The place of permanent or customary and usual abode of a person, including a single-family dwelling, a single-family unit in a two-family dwelling, multi-family or multipurpose dwelling, a unit of a condominium or cooperative housing project, a nonhousekeeping unit, a mobilehome, a recreational vehicle as described in Health and Safety Code Section 18010, or any other residential unit which either is considered to be real property under State law or cannot be moved without substantial damage or unreasonable cost. A residence need not be decent, safe and sanitary to be a dwelling.
A second home shall be considered to be a dwelling only for the purpose of establishing eligibility for payment for moving and related expenses (as provided in section 6090).
(h) Economic Rent. The amount of rent a tenant or homeowner would have to pay for a dwelling similar to the acquired dwelling in a comparable area.
(i) Elderly Household. A household in which the head of household or spouse is 62 years or older.
(j) Family. Two or more individuals who by blood, marriage, adoption, or mutual consent live together as a family unit.
(k) Farm Operation. Any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.
( l ) Gross Income. Gross income means the total annual income of an individual, or where a family is displaced total annual income of the parents or adult heads of household, less the following:
(1) A deduction of $500 for each dependent in excess of three.

(2) A deduction of ten percent (10%) of total income for an elderly or handicapped household.
(3) A deduction for recurring, extraordinary medical expenses, defined for this purpose to mean medical expenses in excess of three percent of total income, where not compensated for or covered by insurance or other sources, such as public assistance or tort recovery.
(4) A deduction of reasonable amounts paid for the care of children or sick or incapacitated family members when determined to be necessary to employment of the head or spouse, except that the amount deducted shall not exceed the amount of income received by the person thus released.
Gross income is divided by twelve to ascertain the average monthly income. Relocation and property acquisition payments are not to be considered as income for the determination of financial means.
(m) Handicapped Household. A household in which any member is handicapped or disabled.
(n) Initiation of Negotiations. The initial written offer made by the acquiring entity to the owner of real property to be purchased, or the owner's representative.
(o) Manufactured Home or Mobilehome. A structure described in Health and Safety Code sections 18007 and 18008.
(p) Mortgage. Such classes of liens as are commonly given to secure advances on, or the unpaid purchase price of, real property, together with the credit instruments, if any, secured thereby.
(q) Ownership. Holding any of the following interests in a dwelling, or a contract to purchase one of the first six interests:
(1) A fee title.
(2) A life estate.
(3) A 50-year lease.
(4) A lease with at least 20 years to run from the date of acquisition of the property.

(5) A proprietary interest in a cooperative housing project which includes the right to occupy a dwelling.
(6) A proprietary interest in a mobilehome.
(7) A leasehold interest with an option to purchase.
In the case of one who has succeeded to any of the foregoing interests by devise, bequest, inheritance or operation of law, the tenure of ownership, but not occupancy, of the succeeding owner shall include the tenure of the preceding owner.
(r) Person. Any individual, family, partnership, corporation, limited liability corporation or association.
(s) Public Entity. Includes the state, the Regents of the University of California, a county, city, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state when acquiring real property, or any interest therein, or ordering that acquired property be vacated, in any city or county for public use.

(t) Public Use. A use for which property may be acquired by eminent domain.
(u) Tenant. A person who rents or is otherwise in lawful possession of a dwelling, including a sleeping room, which is owned by another.
(v) Unlawful Occupancy. A person is considered to be in unlawful occupancy if the person has been ordered to move by a court of competent jurisdiction or if the person's tenancy has been lawfully terminated by the owner for cause, the tenant has vacated the premises, and the termination was not undertaken for the purpose of evading relocation assistance obligations.
[FN1] For those who, pursuant to the criteria set forth in Government Code section 7260(i)(3)(A) through (J), would have qualified as a "displaced person" prior to January 1, 1998, the applicable figure shall be twenty-five percent (25%) of the person's average monthly income.

Note: Authority cited: Section 50460, Health and Safety Code. Reference: Sections 7260(b), (c)(2)(A), (I)(1) and 7277, Government Code; Section 17000, Corporations Code; and Sections 18007, 18008, 18010 and 50093, Health and Safety Code.

s 6010. Prior Determinations.
(a) Displacement. No public entity may proceed with any phase of a project or other activity which will result in the displacement of any person, business or farm until it makes the following determinations:
(1) Fair and reasonable relocation payments will be provided to eligible persons as required by Article 3 of the Guidelines.
(2) A relocation assistance program offering the services described in Article 2 of the Guidelines will be established.
(3) Eligible persons will be adequately informed of the assistance, benefits, policies, practices and procedures, including grievance procedures, provided for in these Guidelines.
(4) Based upon recent survey and analysis of both the housing needs of persons who will be displaced and available replacement housing and considering competing demands for that housing, comparable replacement dwellings will be available, or provided, if necessary, within a reasonable period of time prior to displacement sufficient in number, size and cost for the eligible persons who require them.
(5) Adequate provisions have been made to provide orderly, timely, and efficient relocation of eligible persons to comparable replacement housing available without regard to race, color, religion, sex, marital status, or national origin with minimum hardship to those affected.
(6) A relocation plan meeting the requirements of section 6038 has been prepared.
(b) Acquisition. No public entity may proceed with any phase of a project or any other activity which will result in the acquisition of real property until it determines that with respect to such acquisition and to the greatest extent practicable,
(1) Adequate provisions have been made to be guided by the provisions of Article 6 of the Guidelines, and
(2) Eligible persons will be informed of the pertinent benefits, policies and requirements of the Guidelines.

s 6012. Citizen Participation.
(a) All persons who will be displaced, neighborhood groups and any relocation committee shall be given an opportunity and should be encouraged fully and meaningfully to participate in reviewing the relocation plan and monitoring the relocation assistance program.
(b) When a substantial number of persons will be displaced from their dwellings the public entity shall encourage the residents and community organizations in the displacement area to form a relocation committee. The committee shall include, when applicable, residential owner occupants, residential tenants, business people, and members of existing organizations within the area. In lieu of initiating a new process of citizen participation, public entities which have conducted or are conducting a citizen participation process as part of an existing development program may substitute such process if it satisfies the requirements of this section.
If a substantial number of persons will not be displaced from their dwellings, the public entity shall at least consult with and obtain the advice of residents and community organizations and make the relocation plan available to such persons and organizations prior to submitting it to the legislative body for approval. (See section 6038.)
(c) At a minimum the displacing entity shall guarantee the following:
(1) Timely and full access to all documents relevant to the relocation program. A public entity may reasonably restrict access to material where its confidentiality is protected by law or its disclosure is prohibited by law.
The displacing entity shall ensure that the information in documents the provision of which would result in disclosure of the identity of eligible persons is provided in a manner designed to avoid such disclosure. This obligation to avoid improper disclosure shall not affect the right of the person to which the information relates (or any other person authorized in writing by such person) to inspect such documents.
(2) The provision of technical assistance necessary to interpret elements of the relocation plan and other pertinent materials.
(3) The right to submit written or oral comments and objections, including the right to submit written comments on the relocation plan and to have these comments attached to the plan when it is forwarded to the local legislative body or the head of the state agency for approval.
(4) Prompt, written response to any written objections or criticisms.

s 6014. Prerequisite to Displacement.
No person shall be displaced until the public entity has fulfilled the obligations imposed by the Act and Guidelines.

s 6016. Remedies.
(a) If the public entity has not fulfilled or is not substantially fulfilling its relocation responsibilities, it shall cease displacement until such time as its responsibilities are fulfilled. When appropriate project implementation shall be suspended or terminated.
(b) Eligible persons who move without offers of assistance and benefits, after the public entity was required to offer assistance or benefits, shall be provided such assistance and payments and, when appropriate, compensation for additional costs incurred. The displacing entity shall make every effort to identify and locate such persons.
(c) A public entity may pay a complainant's attorney's fees and costs and is encouraged to consider doing so when a complainant institutes a successful administrative appeal or judicial action. (continued)