§ 20.84.410. Replacement housing payment for 90-day occupants.

A.

Eligibility. A Tenant or Owner-occupant displaced from a Dwelling is entitled to a payment not to exceed $5,250 for rental assistance, computed in accordance with subsection B of this section, or down payment assistance, computed in accordance with subsection C of this section, if such Displaced Person:

1.

Has actually and lawfully occupied the displacement Dwelling for at least 90 days immediately prior to the Initiation of Negotiations; and

2.

Has rented, or purchased, and occupied a Decent, Safe, and Sanitary replacement Dwelling within 1 year (unless the Department extends this period for good cause) after:

a.

For a Tenant, the date he or she moves from the displacement Dwelling, or

b.

For an Owner-occupant, the later of:

(1)

The date the Owner receives final payment for the displacement Dwelling, or in the case of condemnation, the date the required amount is deposited with the court; or

(2)

The date the Owner moves from the displacement Dwelling.

B.

Rental assistance payment.

1.

Amount of payment. An eligible Displaced Person who rents a replacement Dwelling is entitled to a payment not to exceed $5,250 for rental assistance. Such payment shall be 42 times the amount obtained by subtracting the base monthly rental for the displacement Dwelling from the lesser of:

a.

The monthly rent and estimated average monthly cost of utilities for a Comparable Replacement Dwelling; or

b.

The monthly rent and estimated average monthly cost of utilities for the Decent, Safe, and Sanitary replacement Dwelling actually occupied by the Displaced Person.

2.

Base monthly rental for displacement Dwelling. The base monthly rental for the displacement Dwelling is the lesser of:

a.

The average monthly cost for rent and utilities at the displacement Dwelling for a reasonable period prior to displacement, as determined by the Department. (For an Owner-occupant, use the market rent for the displacement Dwelling. For a Tenant who paid below market rent for the displacement Dwelling, use the market rent, unless its use would result in a hardship because of the Person's income or other circumstances); or

b.

Thirty (30) percent of the Displaced Person's average monthly gross Household Income if the amount is classified as "low income" by the U.S. Department of Housing and Urban Development's Annual Survey of Income Limits for the Public Housing and Section 8 programs. The base monthly rental shall be established solely on the criteria in subsection B2a of this section for Persons with income exceeding the survey's "low income" limits, for Persons refusing to provide appropriate evidence of income, as determined by the Department, and for Persons who are dependents. A full time student or resident of an institution may be assumed to be a dependent, unless the Person demonstrates otherwise; or

c.

The total of the amounts designated for shelter and utilities if the Displaced Person is receiving a welfare assistance payment from a program that designates the amounts for shelter and utilities.

3.

Manner of disbursement. A rental assistance payment may, at the Department's discretion, be disbursed in either a lump sum or in installments. However, except as limited by Section 20.84.420 F providing for payments after death, the full amount vests immediately, whether or not there is any later change in the Person's income or rent, or in the condition or location of the Person's housing.

C.

Down payment assistance payment.

1.

Amount of payment. An eligible Displaced Person who purchases a replacement Dwelling is entitled to a down payment assistance payment in the amount the Person would receive under subsection B of this section if the Person rented a Comparable Replacement Dwelling. At the discretion of the Department, a down payment assistance payment that is less than $5,250 may be increased to any amount not to exceed $5,250. However, the payment to a displaced homeowner shall not exceed the amount the Owner would receive under Section 20.84.400 if he or she met the 180-day occupancy requirement. If the Department elects to provide the maximum payment of $5,250 as a downpayment, the Department shall exercise this discretion in a uniform and consistent manner, so that eligible Displaced Persons in like circumstances are treated equally. A Displaced Person eligible to receive a payment as a 180-day Owner-occupant under Section 20.84.400 is not eligible for this payment.

2.

Application of payment. The full amount of the replacement housing payment for down payment assistance must be applied to the purchase price of the replacement Dwelling and related incidental expenses.

(Ord. 121998 , § 21, 2005.)