RELOCATION PLAN
Introduction
The Derby Redevelopment Area Plan (the "Redevelopment Plan") proposes the acquisition of _________ properties that will require the relocation of ____ businesses/non-profit agencies and a maximum of _____ residential households. The careful and sensitive management of the redevelopment process will ensure availability of resources to accommodate displacees. The City must utilize all available resources in order to ensure that all persons and entities are relocated in accordance with this Plan and state and federal law. This Relocation Plan will address the process of relocating non-residential concerns in Section I – III and residential households in Section IV – VII. The implementation of this Relocation Plan shall be conducted by the Derby Redevelopment Agency (the "Agency"). The implementation of aspects of this Relocation Plan may be delegated by contract to licensed professionals as set forth herein, appropriate non-profit community groups and other entities as identified by the Agency.
The Agency retains jurisdiction and oversight over all aspects of the Redevelopment Plan, and shall receive copies of all written complaints or appeals regarding the implementation of this Relocation Plan.
The City and its designated agencies will accomplish the entire relocation process with assistance from others as appropriate. The relocation of site occupants will comply with the Uniform Relocation Assistance Act (Chapter 135 of the Connecticut General Statutes) as may be amended from time to time, this Relocation Plan, and local procedures.
The Relocation Plan is divided into seven sections as follows:
I. Identification of Businesses/Non-Profit Agencies
II. Non-Residential Relocation Assistance Advisory Plan
III. Anticipated Non-Residential Relocation Expenses
IV. Identification of Residential Units
V. Residential Relocation Assistance Advisory Plan
VI. Anticipated Residential Expenses
VII. Procedures for Owners of Residential Properties
Section I. Identification Of Businesses/Non-Profit Agencies
The businesses and non-profit agencies that will be relocated are situated in the following blocks that will be acquired by the City. The properties and their location, relative to the project boundaries, are shown on the Acquisition Map. A basic survey of the Project Area resulted in the identification of the following non-residential uses in the Project Area as follows:
| Redevelopment Block | Assessor Map | Businesses/Non-Profit Agencies |
Upon approval of the Redevelopment Plan by the governing body of the City and initiation of the project, a City staff member will meet with each business owner(s) or designated representative to conduct a basic survey. The purpose of the survey will be to document the characteristics (i.e., services or products sold, space occupied) of each business and ultimately determine specifications for a new site. Based upon this information, alternative commercial sites will be identified for these businesses/non-profit agencies. Project relocation staff (the "Staff") will follow the Non-Residential Relocation Assistance Advisory Plan as described herein.
Section II. Non-Residential Relocation Assistance Advisory Plan
A. Surveys To Determine Relocation Needs
Planning Surveys
Interviews will be conducted by the Staff at the earliest possible time with all business concerns located in buildings proposed for acquisition. These surveys are designed to determine the characteristics of each concern which would relate to its possible relocation. These characteristics include tenure, space requirements, number of employees, relocation plans, location preferences, etc. The data to be compiled will be documented on a Site Occupant Record.
Additional Surveys
Additional surveys will be made of all occupants of properties to be acquired at the time of the beginning of activity in that area. These surveys will bring up to date the information gathered in the original surveys, and will be more detailed in regard to the specific situation and relocation factors of each concern to be relocated.
B. Information Program
An informational letter for non-residential occupants will be delivered to all non-residential site occupants by the Staff at the time of approval of a purchase contract with the City. This letter will include at least the following elements:
a complete description of the nature and types of activities which will be undertaken;
an indication of the availability of relocation payments, including the types of payments, the general eligibility criteria for non-residential occupants, and a precaution that premature moves might make concerns ineligible for benefits;
a statement that no concern lawfully occupying property will be required to move without at least ninety (90) days written notice;
a map, with clear explanation, showing the boundaries of the project area;
a statement of the purpose of the non-residential relocation program with a brief summary of the sources and aids available, including a statement that the City, by the Staff or designated community groups or other entities, will provide maximum assistance in locating non-residential relocation sites;
encouragement to site occupants to visit the City offices, to cooperate with the Staff, to seek their own relocation accommodations, and to notify the City prior to their move;
a statement that the City, by the Staff or designated community groups or other entities, will provide assistance to concerns in obtaining locations of their choice, including assistance in the referral of their complaints of discrimination to the State Human Rights Commission;
a summary of the City eviction policy and notice that an eviction will occur on a certain date if the occupant fails to move by the end of the ninety (90) day period;
the address, telephone numbers and hours of the Agency, and designated community groups or entities; and
an application form, and explanation of the qualifications, for special grant/loan programs for minority businesses for future relocation at or near the Redevelopment Area. These programs shall give first priority to minority businesses that have been relocated pursuant to this Plan.
C. Services To Be Provided To Non-Residential Concerns
Consultations
Representatives of the Staff will periodically visit or call non-residential concerns being displaced in order to consult with them regarding their relocation. These consultations will keep up to date the information gathered in earlier surveys or consultations, and will enable the City and these concerns to exchange information on new non-residential listings, listings found to be unsuitable by the concern and other opportunities or problems involved. Special assistance should be given to non-profit businesses that provide a service to the community to relocate them to a site, which will allow this service to continue.
Current Information on Relocation Sites and Referrals
The Staff will be responsible for assembling data relating to relocation sites for non-residential concerns.
1. General Data
The Staff will continuously collect current information on the availability, costs and floor size of comparable relocation sites. It will do this through a systematic review of all advertised vacancies; and direct appeals through agents, brokers and the news media for vacancy listings.
2. Economic Information
Whenever and as often as it is deemed necessary and feasible, studies will be conducted and data compiled relating to the various economic and growth potential factors of non-residential vacancies and building sites. The study will include such elements as property values, growth potentials, zoning ordinances, and other general and economic information concerning individual sites and/or areas within the City and the surrounding area.
Listings and Referrals
Listings
The Staff will maintain an up-to-date file of known and potential non-residential vacancies and sites for referral to relocation concerns. These listings will include available information concerning each potential location and the results of whatever economic studies may have been conducted.
Referrals
Relocating concerns will be notified of available locations which are comparable and suitable by providing them, in person or by mail, with copies of the relevant listing sheets. The Staff will also assist, through consultation with the relocation concern, in other considerations or discussions of sites. In the course of these referrals and consultations, the City will avoid involvement in or interference with the relocating concern’s daily operation or its decisions.
D. Procedures For Making Relocation Payments
Eligibility
Relocation payments will be made to all eligible project or program area occupants under the provisions of the Uniform Relocation Assistance Act (Chapter 135 of the Connecticut General Statutes) in accordance with the policies, procedures and requirements contained herein.
Notification To Persons In Area
The City will notify, in person or by mail at the earliest possible time, all non-residential concerns who may be displaced by project or program activities of the availability of relocation payments, the address, telephone numbers and hours of the Agency where detailed information about the program may be obtained and the dates governing eligibility for the payments.
Assistance In Making Claims
Upon request of a claimant, the Staff, will provide assistance in the preparation of claims for relocation payments. Claim forms will be provided.
Time Limit For Submission Of Claims
Claims for relocation payments must be submitted to the Agency only by the business concern within twelve (12) months of the date of claimant’s displacement.
E. Review And Appeals
Determine Eligibility
The Corporation Counsel of the City (the "Corporation Counsel") will promptly review all written appeals in accordance with applicable law, regulations and policies. It will consider a written appeal regardless of form.
A person may file an appeal in any case in which the person believes that the Agency has failed to:
Properly determine that the person qualifies for relocation assistance;
Properly determine the amount of any relocation payment;
Provide appropriate referrals to comparable replacement dwellings or
inspect the replacement dwelling in a timely manner; or
Waive the time limit for (a) the filing of a claim or an appeal or (b)
purchasing, renting or occupying a replacement dwelling.
Refer to the Grievance Procedure contained in Appendix A for an explanation of the process of appeal. Appendix A may also be used as a notice to be provided to all tenants to be displaced.
F. Prior HUD Approval
Unless federal funds are utilized, prior HUD approval is not applicable. If federal funds are utilized, HUD approval will be sought as applicable.
G. Payment Of Claims
All non-residential relocation payments will be made to eligible claimants in accordance with the regulations, guidelines and procedures promulgated by state law and City procedures.
Eligible businesses may choose to claim either reimbursement for actual moving and related expenses and real property loss or a fixed payment in lieu of moving expenses. The fixed payment will not exceed $10,000 as stipulated by Section 8-26(c) of the Connecticut General Statutes.
Timing Of Payment
A payment will be made by the Agency as promptly as possible after a claimant’s eligibility has been determined. Advance payments may be made in hardship cases if the City determines such advances to be appropriate (e.g., the claimant needs money for security deposit on a replacement site).
Set-Off Against Claim
In instances where otherwise eligible claimants have unpaid financial obligations to the City, the City may set off these obligations against the claimant’s relocation payments.
H. Procedures To Avoid Duplicate Payments
Any person or entity who receives a relocation payment as part of an eminent domain award, under state law governing same, shall not receive a duplicate relocation payment which it may be entitled to under these guidelines. However, the City may make a relocation payment for any difference between the relocation payment prescribed by the court and the amount entitled to such person or entity under these guidelines.
I. Payments Not To Be Considered As Income
Federal and State regulations provide that relocation payments are not to be considered as income for federal income tax purposes or for determining eligibility or extent of eligibility of a person under the Social Security Act or any other federal law.
J. Termination Of Active Relocation Assistance
The City will provide assistance to non-residential concerns until permanent relocation has been successfully achieved and all relocation payments have been made. In general, the only circumstances under which the City’s relocation effort ceases are the following:
1. The business concern or non-profit organization has received all assistance and payment to which it is entitled and has either been successfully relocated or ceased operations; or
2. If the site occupant refuses to accept one or a reasonable number of offers of accommodations meeting the relocation standards, the Agency shall forward the matter to the Corporation Counsel's Office to commence eminent domain proceedings. (In the case of continuous refusal to admit a relocation interviewer who attempts to provide assistance, visits the site occupant at reasonably convenient times and has, wherever possible, given notice of his intention to visit the site occupant, the Staff shall write, telephone or take other reasonable steps to communicate with the site occupant before terminating active assistance).
K. Eviction Policy
Site occupants will be evicted only as a last resort. Eviction in no way effects the eligibility of non-residential concerns for relocation payments. The City records will be documented to reflect the specific circumstances surrounding the eviction from the City acquired property. Eviction shall be undertaken only for the following reasons:
1. Serious or repeated violations of the terms and conditions of the lease or occupancy agreement; or
2. The eviction is allowed by State or local law and cannot be avoided by the City.
L. Relocation Records And Reports
The Agency will keep up-to-date records on the relocation of all site occupants, even if the information is originally obtained by a community group or entity. These records shall be retained for inspection and audit for a period of three (3) years following completion of the project or program or the completion of the making of relocation payments, whichever is later. These records shall be considered confidential documents, which may only be viewed or obtained by the site occupant, City personnel or designated community groups or entities. All others must file a request pursuant to the Freedom of Information Act set forth in Sections 1-19, 1-19a and 1-20 of the General Statutes of Connecticut.
Relocation Record
The Agency will develop and also maintain a relocation record, beginning with the information secured during the first interview to assess the needs of the displaced occupant. The record shall contain all data relating to relocation of the displaced occupant, including the nature and dates of services that are provided, the type and amount of relocation payments made and the location to which those displaced are relocated, including a description and/or inspection certificate for the accommodation. These records shall be considered confidential documents, which may only be viewed or obtained by the site occupant, City personnel or designated community groups or entities. All others must file a request pursuant to the Freedom of Information Act set forth in Sections 1-19, 1-19a and 1-20 of the General Statutes of Connecticut.
Section III. Anticipated Relocation Expenses
The total expenses to relocate ____ businesses/non-profit agencies from the project area are estimated at $___________________. This figure anticipates expenditures for eligible moving payments, fixed payments, moving personal property and, when necessary, payments for direct losses of personal property. A contingency account will also be budgeted. Funding for the relocation program is to coincide with the phasing of the acquisition of properties.
Section IV. Residential Relocation Plan – Identification Of Housing Units
The residential housing units which are to be relocated are situated in the following blocks of the project area. The properties and their location, relative to the project boundaries, are shown on the Acquisition Map. Acquisition and relocation will be undertaken in phases to ensure the availability of resources to accommodate displacees. However, residents with special needs such as senior citizens, the medically disabled, and families with school aged children, shall be relocated in a manner that insures that they retain access to all necessary resources, and that school aged children in the last year of elementary or middle school are given the opportunity to be transported to their present school before the school year has concluded. Until relocation has been completed, or the occupants have notified the City that they will be moving within the next thirty (30) days, the City shall be obligated to repair and maintain acquired properties unless the property has been so severely damaged by fire, flood or other acts of God that repair is not possible. In those instances, the City shall follow the eviction procedures in Section L below.
In addition, the City shall notify all public utilities that termination of utility gas, water and electric service may not occur without prior notice to the City.
| Block | Assessor Map | Residential Buildings | Potential Households |
Once the Redevelopment Plan is approved by the governing body of the City, the Staff will follow the Residential Relocation Assistance Advisory Plan as described herein.
Section V. Residential Relocation Assistance Advisory Plan
A. Survey To Determine Relocation Needs
1. Surveys and Consultations With Residential Occupants
A meeting with each household will be conducted by a member(s) of the Staff or designee at the earliest possible time. These meetings will be designed to determine the tenant needs of each household that will be displaced and record data to include the number of rooms, the total square footage, special needs, location preferences, etc.
2. Social Service Special Needs Assessment
If the Staff determines the tenant’s needs surpass the amenities and services offered in traditional rental housing, a tenant needs assessment will be conducted by an appropriate public service professional/provider. The tenant’s needs assessments – a more detailed survey – will cite the specific needs of each such household/tenant. All senior citizens, families with school aged children and persons with medical disabilities shall be considered to be a tenant with a special need. At a minimum, families with school aged children shall be referred to the Board of Education Social Welfare Department to ensure that all children avoid any interruption in their education. The Staff shall follow up on referrals by contacting the tenant and the referral agency to determine whether identified needs are being addressed.
B. Information Program And Agency
An information letter for residential occupants will be delivered to all residential site occupants by the Agency as soon as feasible after approval of the Redevelopment Plan by the City. This letter will include at least the following elements:
1. A complete description of the nature and types of activities which will be undertaken in the project area and a map showing the project area boundaries; and
2. The notice to persons to be displaced shall:
a) Explain that a project has been approved and caution the person not to move before the person received a notice of eligibility for relocation assistance; and
b) Generally describe the relocation payments for which the person may be eligible, the basic conditions of eligibility, and the procedures for obtaining the payments; and
c) Inform the person that he or she will be given reasonable relocation advisory services; special assistance for those with special needs such as senior citizens, families with school aged children, and those with medical disabilities; including referrals to replacement properties, help in filing payment claims, and other necessary assistance to help the person successfully relocate; and
d) Inform the person that he or she will not be required to move without at least one hundred fifty (150) days advance written notice and a list which contains at least three comparable replacement dwellings has been provided; and inform any person to be displaced from a dwelling that he or she will not be required to vacate the property earlier than ninety (90) days after at least one comparable replacement dwelling has been made available; and
e) Describe the person’s right to appeal the Agency’s determination concerning relocation assistance; and
f) Notify all persons that this relocation notice is also an eviction notice for vacating the premises no later than the last day of said notice, in accordance with State law; and
g) Provide the name, address and telephone number of the Project Manager who shall be responsible for the maintenance of the building, and the City’s commitment to repair and maintain the building during occupancy; and
h) Notify tenants that all rental payments shall be abated until or until a permanent relocation has been achieved, but said abatement period shall not exceed one hundred and fifty (150) days.
3. Notice of Eligibility for Relocation Assistance. This notice shall:
a) Inform the person of his or her eligibility for the relocation assistance, effective on the date of the initiation of negotiations; and
b) Describe assistance, the estimated amount of assistance and the procedures for obtaining the assistance.
4. One Hundred and Fifty Day Notice (Covers Persons to be Displaced)
a) General – No lawful occupant to be displaced shall be required to move unless he or she has received at least one hundred fifty (150) days’ advance written notice (the "150 Day Notice") of the earliest date by which he or she may required to move. However, this relocation notice is also an eviction notice for vacating the premises no later than the last day of said notice, in accordance with State law.
b) Timing of Notice – The 150 Day Notice shall not be given before the person is issued a notice of eligibility for relocation assistance. A person to be displaced from a dwelling shall not be issued a 150 Day Notice before three comparable replacement dwellings are identified as available.
c) Content of Notice – The 150 Day Notice shall either: a) state the specific date by which the property must be vacated and indicate that this notice also serves as an eviction notice for that specific date; or, b) specify the earliest date which the occupant may be required to move and indicate that the occupant will receive a vacate and eviction notice indicating, at least thirty (30) days in advance, the specific data by which he or she must move.
d) Urgent Need – In unusual circumstances, an occupant may be required to vacate the property on less than one hundred fifty (150) days advance written notice if the City determines that a 150 Day Notice is impracticable, but only when the condition of the property cannot be repaired and maintained by the City and therefore the person’s continued occupancy of the property would constitute a substantial danger to health or safety. A copy of the City’s determination shall be included in the applicable case file.
e) Notice Not Required – The 150 Day Notice need not be issued if (a) there is no structure or personal property on the real property, or (b) the occupant makes an informed decision to relocate and vacates the property without prior notice, or (c) the occupant owns the property and enters into a negotiated agreement for delivering possession of the property (e.g., delivery of possession is specified in the purchase contract), of (d) the occupant will not qualify as a displaced person.
f) Delivery of Notices – Each notice shall be sent by certified mail, return receipt requested. Each notice shall indicate the name and telephone number of a person who may be contacted for answers to questions or other needed help.
C. Replacement Housing Assistance
1. Written Notice of Comparable Replacement Dwelling – No tenant to be displaced shall be issued a 150 Day Notice until such tenant has been given a written notice of the availability of three comparable replacement dwellings.
2. Definition of Comparable Replacement.
a) Decent, safe and sanitary.
b) Functionally equivalent to the displacement dwelling. The term "functionally equivalent" means that it performs the same function, provides the same utility, and is capable of contributing to a comparable style of living. While a comparable replacement dwelling need not possess every feature of the displacement dwelling, the principal features must be present. Generally, functional equivalency is an objective standard reflecting the range of purposes for which the various physical features of a dwelling may be used. However, when determining whether a replacement dwelling is functionally equivalent to the displacement dwelling, the City may consider reasonable trade-offs for specific features when the replacement unit is "equal to or better than" the displacement dwelling.
c) Examples of Trade-Offs: If the displacement dwelling contains a pantry and a similar dwelling with pantry is not available, a replacement dwelling with ample cupboards may be acceptable. Insulated and heated space in a garage might prove an adequate substitute for basement workshop space. A dining area may substitute for a separate dining room. Under some circumstances, attic space could substitute for basement space for storage purposes, and vice versa. Generally, a comparable replacement dwelling must contain approximately the same amount of space and square footage as the displacement dwelling. However, when the displacement dwelling is dilapidated, a smaller "decent, safe and sanitary" replacement dwelling (which by definition is "adequate to accommodate the displaced person") may be determined to be functionally equivalent to the displacement dwelling.
d) In an area not subject to unreasonable adverse environmental conditions from either natural or human sources.
e) Currently available to the displaced person. A dwelling is considered "available" if the person is informed of the location of the dwelling; has sufficient time to negotiate and enter into a purchase agreement or lease for the dwelling; and, subject to reasonable safeguards, is assured of receiving the relocation assistance in sufficient time to complete the purchase or lease.
f) If the person does not receive a government housing subsidy before displacement, the comparable replacement dwelling must be available on the private market and not require a government housing subsidy.
g) A comparable replacement dwelling for a person receiving government housing assistance before displacement may reflect similar government housing assistance, such as:
A privately owned dwelling with a project-based housing subsidy (i.e., subsidy tied to the unit) may qualify as a comparable replacement dwelling only for a person displaced from a similarly subsidized unit or government-owned public housing unit.
A privately owned dwelling made affordable by a housing program subsidy to a person (i.e., subsidy not tied to the building), such as Section 8 Existing Housing Program Certificate or Housing Voucher, may qualify as a comparable replacement dwelling for a person receiving a similar subsidy before displacement from a unit with a project-based subsidy.
D. Replacement Housing Referrals
Gathering information on replacement housing will be the responsibility of the City. However, this responsibility may be delegated to brokers and real estate agents hired by the City. This information shall be updated on a regular basis and maintained by the City.
1. Current Information
The City will continuously collect current information on the availability of rental units, rental costs and room size of comparable relocation sites. It will do this through a systematic review of all advertised vacancies, and direct appeals through agents, brokers and the news media for vacancy listings.
2. Housing Information And Listings
Whenever and as often as it is deemed necessary and feasible by the City, studies will be conducted and data compiled relating to the current residential rental costs such as a newspaper rent survey.
3. Referrals
Relocating households will be notified of available locations, which are comparable and suitable by providing them, in person or by mail, with copies of the relevant listing sheets. The City will also assist, through consultation with the relocating household, in other considerations or discussion of sites. In the course of these referrals and consultations, the City will avoid involvement in or interference with the relocating household's daily operation or its decisions.
4. Moving and Storage
The City shall advertise and contract with all licensed and bonded moving and storage companies.
E. Procedures For Making Relocation Payments
Eligibility
Relocation payments will be made to all eligible project or program area occupants under the provisions of the Uniform Relocation Assistance Act (Chapter 135 of the Connecticut General Statutes) in accordance with policies, procedures and requirements contained herein. The rent payment abatement set forth in Section B, 2, (g) above, shall not be used to offset the relocation payments authorized in the Uniform Assistance Act.
Notification To Persons To Be Displaced
The City will notify, in person or by mail, at the earliest possible time, all residential tenants who will be displaced by the project. Relocation payment eligibility, and the office where detailed information about the project may be obtained, will also be described in the notice to tenants.
Assistance In Making Claims
Claims for relocation payments must be submitted by the tenant/head of household within twelve (12) months of the date of the claimant's displacement.
F. Review and Appeals
Determining Eligibility
The City will be responsible for determining the eligibility of a claim for, and the amount of, payment in accordance with State regulations and City procedures. Once the final determination is made, adjustments may be made as a result of the grievance procedures or the City is directed by the State government or a court, to make an adjustment as a result of a review of a claimant's grievance.
Appeals
The Corporation Counsel's Office will promptly review all written appeals in accordance with applicable law, regulations and policies. It will consider a written appeal regardless of form.
A person may file an appeal in any case in which the person believes that the Agency has failed to:
(1) Properly determine that the person qualifies for relocation assistance;
(2) Properly determine the amount of any relocation payment;
(3) Provide appropriate referrals to comparable replacement dwellings or inspect the replacement dwelling in a timely manner; or
(4) Waive the time limit for (a) the filing of a claim or an appeal or (b) purchasing, renting or occupying a replacement dwelling.
Refer to the Grievance Procedure contained in Appendix A for an explanation of the process of appeal. Appendix A is in the form of a notice to be provided to all tenants to be displaced.
Relocation Payments Documentation
The City will maintain in its files complete and proper documentation supporting the determination made with respect to each claim. The determination will be made or approved by the City, or a duly authorized designee. These records shall be considered confidential documents, which may only be viewed or obtained by the site occupant, City personnel or designated community groups or entities. All others must file a request pursuant to the Freedom of Information Act set forth in Sections 1-19, 1-19a and 1-20 of the General Statutes of Connecticut.
G. Prior HUD Approval
Unless federal funds are utilized, prior HUD approval is not applicable. If federal funds are utilized, HUD approval will be sought as applicable.
H. Payment Of Claims
All residential relocation payments will be made in accordance with the regulations, guidelines and procedures promulgated by state law.
Timing Of Payment
A payment will be made by the City as promptly as possible after a claimant's eligibility has been determined. Advance payments may be made in hardship cases or as required by state law, if the City determines such advances to be appropriate (e.g., the claimant needs money for security deposit on a replacement site).
Set-Off Against Claim
In instances where otherwise eligible claimants have unpaid financial obligations in the City, the City may set off these obligations against the claimant's relocation payments.
I. Procedures To Avoid Duplicate Payments
Any person who receives a relocation payment as part of an eminent domain award, under the state laws governing it, shall not receive a duplicate relocation payment which he may be entitled to under these guidelines. However, the City may make a relocation payment for any difference between the relocation payment prescribed by the court and the amount entitled to such person under these guidelines.
J. Payment Not To Be Considered As Income
Federal and State regulations provide that relocation payments are not to be considered as income for federal income tax purposes or for determining eligibility or extent of eligibility of a person under the Social Security Act or any other federal law.
K. Termination Of Active Relocation Assistance
The City will provide assistance to residential households until permanent relocation has been successfully achieved and all relocation payments have been made. In general, the only circumstances under which the City's relocation effort ceases are the following:
1. The tenant receives all assistance and payment to which it is entitled and has either been successfully relocated and this matter is not subject to an appeal filed pursuant to the procedures set forth in Appendix A, or the tenant is deceased;
2. The site occupant refuses to accept one or a reasonable number of offers of three comparable replacement dwellings meeting the City's relocation standards and this matter is not subject to an appeal filed pursuant to Appendix A. (In the case of continuous refusal to admit a relocation interviewer who attempts to provide assistance, visits the site occupant at reasonably convenient times and has, whenever possible, given notice of his intention to visit the site occupant, the Staff shall write, telephone or take other reasonable steps to communicate with the site occupant before terminating active assistance).
L. Eviction Policy
Site occupants will be evicted prior to the last day of the notice to vacate the premises only as a last resort. Eviction in no way effects the eligibility of residential households for relocation payments. The City record will be documented to reflect the specific circumstances surrounding the eviction from City acquired property. Eviction prior to the last day of the notice to vacate the premises shall be undertaken only for the following reasons:
1. Serious or repeated violations of the terms and conditions of the lease or occupancy agreement, following proper legal notice as required by State or local law.
2. The eviction is allowed by State or local law and cannot be avoided by the City.
3. Eviction without notice may occur only if there is an immediate life threatening condition, as determined by fire or police officials, and the condition cannot be repaired by the City. In that instance, the tenants shall be temporarily relocated to adequate facilities with all rental costs to be borne by the City, and provided emergency funds for food and other necessities, over and above housing expenses. These benefits should not be used as an offset to the permanent relocation payments authorized by the Uniform Relocation Assistance Act.
In the event of an eviction pursuant to Items 2 or 3 above, and temporary relocation, if the tenant has school aged children, the City shall notify the Social Service Office of the Board of Education to arrange for transportation to and from school.
M. Relocation Records and Reports
The Agency will keep up-to-date records on the relocation of all site occupants. These records shall be retained for inspection and audit for a period of three (3) years following completion of the project or program or the completion of the making of relocation payments, whichever is later. These records shall be considered confidential documents, which may only be viewed or obtained by the site occupant, City personnel or designated community groups or entities. All others must file a request pursuant to the Freedom of Information Act set forth in Sections 1-19, 1-19a and 1-20 of the General Statutes of Connecticut.
Relocation Tenant File
The City will develop and also maintain a relocation record, beginning with the information secured during the first interview to assess the needs of the displaced occupant. The record shall contain all data relating to relocation of the displaced occupant, including the nature and dates of services that were provided, the type and amount of relocation payments made and the location to which those displaced are relocated, including a description and/or inspection certificate for the accommodation. These records shall be considered confidential documents, which may only be viewed or obtained by the site occupant, City personnel or designated community groups or entities. All others must file a request pursuant to the Freedom of Information Act set forth in Sections 1-19, 1-19a and 1-20 of the General Statutes of Connecticut.
Section VI. Anticipated Residential Relocation
The maximum anticipated total expense to relocate a maximum of _____ tenant households in the proposed project area is estimated at $__________. This figure includes payments for replacement housing payments, and rental assistance for tenants/households, if required, dislocation payment and moving expense payment for each household. Funding for the relocation program is to coincide with the phasing of the acquisition of properties.
It is important to note in some cases the City may also be required to pay the dislocation payment plus the actual moving costs and no rental assistance payment would be required. If replacement housing is subsidized and/or operated by a non-profit housing corporation, there is a possibility the tenant relocation would not involve an increase in monthly rental costs.
Section VII. Procedures for Owners of Residential Properties Consultations
The Agency and Corporation Counsel's Office shall negotiate with owners of residential properties to determine the fair market value of said property. If a settlement as to value cannot be determined ninety (90) days prior to the date by which tenants which reside at the property must relocate, the Corporation Counsel's Office shall commence eminent domain proceedings in accordance with state and local laws.
CITY OF DERBY
RELOCATION ASSISTANCE PROGRAM
Grievance Procedures
If the Staff or the Agency finds that you are ineligible to receive relocation payments, or if the office approves a smaller payment than you wanted, or if you have any other relocation issues, you may request a full written explanation from the Agency. This explanation will be provided to you within fifteen (15) days. If you are still unhappy with the Staff decision, you may make an oral presentation to the Director of the Agency or his/her designee from the Office of the Corporation Counsel, in the company of an advisor if you so desire. The opportunity for an oral presentation shall be provided within fifteen (15) days of your request.
You may also file a written request for review. In your written request for review, you may include any statement of fact or other materials which you feel has a bearing on your appeal. If more time is needed to gather or prepare additional material for review, you may be granted thirty (30) days from the date of your request in order to prepare your information. If you need assistance in preparing your material, the Agency will help you and will also tell you about other available sources of assistance.
A request for a review by the Agency must be made not later than six (6) months after the Agency's initial decision or thirty (30) days prior to the closeout of the project, whichever is later.
After you have submitted the new information in support of your request for review, the Director of the Agency, in consultation with the Corporation Counsel's Office, will reach a decision within thirty (30) days. If the Agency disapproves your review application, you are entitled to a review by the Connecticut Department of Economic and Community Development (DECD). You may obtain a DECD review by sending a written request to the DECD, 505 Hudson Street, Hartford, Connecticut 06106, within thirty (30) days after you receive the review findings from the Agency.
In any review of your application for relocation payments by the Agency or DECD, you have the right to be represented by a lawyer or other counsel, and you may appeal any formal decision by DECD to the courts.
If you have any questions concerning these procedures, please do not hesitate to contact the Derby Redevelopment Agency, _________________, or telephone ______________.