California Code of Regulations
Title 23 - Waters
Division 2 - Department of Water Resources
Chapter 1.6 - Relocation Assistance Program
Article 2 - Relocation Payments
Section 370.10 - Relocation Payments-General Provisions

Universal Citation: 23 CA Code of Regs 370.10

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

(a) Appeals. Any displaced person aggrieved by a determination as to eligibility for a relocation payment, or the amount of such payment, may have his application reviewed by a Relocation Appeals Board designated by the Director to hear such appeals. The Appeals Board shall make its recommendations to the Director who will make the final decision on the appeal. The Department shall inform all displaced persons of their right of appeal. They shall be furnished the address of the Relocation Appeals Board. They shall be given full opportunity to be heard and a prompt decision shall be made. Appeals must be submitted prior to the final date specified in subsection (d) of this Section for applying for relocation payments.

(b) Form of Application. Application for relocation payments or appeals shall be made to the Department upon forms prescribed by the Department and shall be accompanied by such information and documentation as may be required by the Department.

(c) Payment Date. No relocation payment shall be made by the Department prior to the date title to the property vests in the State of California through close of purchase escrow or Final Order of Condemnation or the date of possession by the State under an Order of Possession.

(d) Time Limit on Filing Applications. Except as otherwise provided, applications for relocation payments must be submitted to the Department within 18 months from the date of vacation of the acquired property or the date he receives final compensation for the property, whichever is later.

(e) Assignment of Relocation Payments. The payments described in this Article may be made directly to the displaced person upon proper application, or upon proper instruction addressed to the Department and attached to his application for payment, the payments may be made directly:

(1) To a lessor or landlord for rent; or

(2) To a moving company for moving expenses; or

(3) To an escrow agent pursuant to paragraph (f) of this subsection.

(f) Payments into Escrow. In cases where a displaced person qualifies for the payments described in this Article except that he has not yet purchased or occupied a suitable replacement dwelling, the Department, after inspecting the proposed replacement dwelling and finding that it meets the decent, safe and sanitary standards set forth in Section 370.04 of this Article, may deposit the amount of the replacement housing or rent supplement for which the displaced person may be eligible in an escrow with a bank, trust company, licensed escrow agency, building and loan or savings and loan association, or title company to the account of the displaced person with instruction for payment of such funds from escrow. Such escrow instructions shall be adequate to assure compliance with provisions of this Article relating to purchase and occupancy and to assure return of such funds from escrow to the Department in the event of noncompliance with such provisions.

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

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