§ 20.84.430. Replacement housing of last resort.

A.

Determination to provide replacement housing of last resort. Whenever the Department determines that a Program or Project cannot proceed on a timely basis because Comparable Replacement Dwellings are not available within the monetary limits for Owners or Tenants specified in Section 20.84.400 or Section 20.84.410, the Department is authorized to take cost effective measures under the provisions of this section to provide such a Dwelling. The Department's obligation to make available a Comparable Replacement Dwelling shall be met when such a Dwelling, or assistance necessary to provide such a Dwelling, is offered under the provisions of this section. Any decision to provide last resort housing assistance must be adequately justified either:

1.

On a case-by-case basis, for good cause, which means that appropriate consideration, as determined by the Department, has been given to:

a.

The availability of Comparable Replacement Dwellings in the Program or Project area; and

b.

The resources available to provide Comparable Replacement Dwellings; and

c.

The individual circumstances of the Displaced Person; or

2.

By a determination that:

a.

There are few, if any, Comparable Replacement Dwellings available to Displaced Persons within an entire Program or Project area; and, therefore, last resort housing assistance is necessary for the area as a whole; and

b.

A Program or Project cannot be advanced to completion in a timely manner without last resort housing assistance; and

c.

The method selected for providing last resort housing assistance is cost effective, considering all elements that contribute to total Program or Project costs. (For example, will the Project or Program delay justify waiting for less expensive Comparable Replacement Dwellings to become available?)

B.

Basic rights of Persons to be displaced. Notwithstanding any provision of this section, no Person shall be required to move from a displacement Dwelling unless comparable replacement housing is available to such Person. No Person may be deprived of any rights the Person may have under this chapter. The Department shall not require any Displaced Person to accept a Dwelling provided by the Department under these procedures (unless the Department and the Displaced Person have entered into a contract to do so) in lieu of any acquisition payment or any relocation payment for which the Person may otherwise be eligible.

C.

Methods of providing replacement housing of last resort. The Department shall have broad latitude in implementing this section, but implementation shall be for reasonable cost, on a case-by-case basis unless an exception to case-by-case analysis is justified for an entire Program or Project.

1.

The methods of providing replacement housing of last resort include, but are not limited to:

a.

A replacement housing payment in excess of the limits set forth in Section 20.84.400 or Section 20.84.410. A replacement housing payment under this section may be provided in installments or in a lump sum at the Department's discretion.

b.

Rehabilitation of and/or additions to an existing replacement Dwelling.

c.

Construction of a new replacement Dwelling.

d.

Provision of a direct loan that requires regular amortization or deferred repayment. The loan may be unsecured or secured by the real property. The loan may bear interest or be interest-free.

e.

Relocation and, if necessary, rehabilitation of a Dwelling.

f.

Purchase of land and/or a replacement Dwelling by the Department and subsequent sale or lease to, or exchange with a Displaced Person.

g.

Removal of barriers for Persons with disabilities.

h.

Change in status of the Displaced Person with his or her concurrence from Tenant to homeowner when it is more cost effective to do so, as in cases where a downpayment may be less expensive than a last resort rental assistance payment.

2.

Under special circumstances, consistent with the definition of a Comparable Replacement Dwelling, modified methods of providing replacement housing of last resort permit consideration of replacement housing based on space and physical characteristics different from those in the displacement Dwelling, including upgraded, but smaller replacement housing that is Decent, Safe, and Sanitary and adequate to accommodate individuals or families displaced from marginal or substandard housing with probable functional obsolescence. In no event, however, shall a Displaced Person be required to move into a Dwelling that is not functionally equivalent.

3.

The Department shall provide assistance under this section to a Displaced Person who is not eligible to receive a replacement housing payment under Section 20.84.400 and Section 20.84.410 because of failure to meet the length of occupancy requirement when comparable replacement rental housing is not available at rental rates within the Person's financial means, which is 30 percent of the Person's gross monthly Household Income. Such assistance shall cover a period of 42 months.

D.

The actual amount of assistance shall be limited to the amount necessary to relocate to a Comparable Replacement Dwelling within 1 year from the date the displaced homeowner-occupant is paid for the displacement Dwelling or the date the Person is initially offered a Comparable Replacement Dwelling, whichever is later.

E.

The Department is not required to provide Persons owning only a fractional interest in the displacement Dwelling a greater level of assistance to purchase a replacement dwelling than the Department would be required to provide such Persons if they owned fee simple title to the displacement Dwelling. If such assistance is not sufficient to buy a replacement Dwelling, the Department may provide additional purchase assistance or rental assistance.

(Ord. 121998 , § 23, 2005.)