California Code of Regulations
Title 23 - Waters
Division 2 - Department of Water Resources
Chapter 1.6 - Relocation Assistance Program
Article 1 - General
Section 370.01 - Relocation Plans

Universal Citation: 23 CA Code of Regs 370.01

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) General. Prior to the undertaking of a project, the Department shall prepare a Relocation Plan, based upon a survey and analysis of both the housing needs of the affected displaced persons and the available replacement housing, which will assure that, within a reasonable period of time, prior to displacement, to the extent that it can be reasonably accomplished, there will be available in areas not generally less desirable in regard to public utilities and public and commercial facilities, and at rents or prices within the financial means of the families and individuals displaced, decent, safe and sanitary dwellings, equal in number to the number of, and available to, such displaced persons who require such dwellings and reasonably accessible to their place of employment.

(1) All persons to be displaced, any relocation committee formed of persons displaced, and representatives of affected governmental agencies, and members of the community who notify the Department of their interest shall be given the opportunity and should be encouraged fully and meaningfully to participate in reviewing the Relocation Plan and monitoring the relocation assistance program of a particular project. As to projects involving substantial displacements, the Department shall encourage the formation of a relocation committee consisting of representatives of the residents and interested community organizations in the displacement area and affected displaced persons.

(2) The term "undertaking a project," for purposes of this section, shall mean the date the Director authorizes the acquisition or the initiation of negotiations for the acquisition of the affected ownership(s).

(3) The approval of the Relocation Plan vests in the Director as head of the State Agency.

(4) When determining a displacee's financial ability to afford replacement housing, replacement housing payments, and rental rates after acquisition, the displacee shall provide a written statement as to his gross income which will be updated annually or as necessary. Failure to provide such written statement shall require the Department to make determinations on the best data known and available to them.

(b) When considering the availability of replacement housing, the Department shall adjust the available housing inventory in the replacement area, if necessary, by excluding:

(1) Those units which do not meet the test of being decent, safe, and sanitary units;

(2) Uncompleted new construction or rehabilitation which are not likely to be available at the time of displacement;

(3) Those units considered by the Department to be turnover in the replacement area;

(4) Subsidized publicly owned housing which will not reasonably be available to the displacees at the time of displacement.

(c) Each Relocation Plan shall provide a statement as to the need for last resort housing. In the event of a reasonably anticipated need for such housing, an estimate of the cost, including overhead, will be included as a separate amount.

1. Editorial correction of section number (Register 80, No. 22).

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

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