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HomeMy WebLinkAboutResolution 2990 Establishing policy for HOME monies, relocation and displacement ~-..~ COMMISSION RESOLUTION NO. 2990 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, EST ABLlSHING A POLICY ON PROPERTY ACQUISITION, RESIDENTIAL ANTI-DISPLACEMENT AND HOUSING RELOCATION WHEN USING HOME MONEY. WHEREAS, the City of Bozeman has identified affordable housing as a major problem in the community; and WHEREAS, the City of Bozeman has been successful in receiving money from the Department of Housing and Urban Development, (HUD), under the Montana HOME Program; and WHEREAS, the use of HUD funds require the grantee to pay for any part of the costs of acquisition, relocation, demolition, construction or rehabilitation activities for an assisted project. NOW, THEREFORE, BE IT RESOLVED that the City Commission of the City of Bozeman, Montana Will: Follow all notice requirements to avoid relocation of tenants or occupants; Follow the required federal and state procedures for acquisition outlined in the current HOME Grant Administration Manual; Take all reasonable steps to minimize the displacement of persons (families, individuals, businesses, non-profit organizations and farms) as a result of a project assisted with HOME Program funds. The following policy is hereby adopted when using HOME Program funds for property acquisition, residential anti-displacement/housing relocation; and If projects require relocation, the City will provide any displaced individuals a reasonable opportunity to lease and occupy a suitable, decent, safe, sanitary and affordable dwelling during construction and after renovation or rehabilitation, as set forth in the attached Exhibit .. A" . PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 25th day of July 1994. (!J~l E A~ DON E. STUECK, Mayor Pro Tempore ATTEST: ed:-~ :I~ ROBIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: --. u_._n. ---- --.. ......-' ~.- EXHIBIT A CITY OF BOZEMAN HOME PROGRAM DISPLACEMENT, RELOCA TION, & ACQUISITION POLICY As required under HUD's HOME Program, the City of Bozeman will take all reasonable steps to minimize displacement of persons including families, individual businesses, non-profit organizations, and farms as a result of projects assisted with HOME funds. To this end, residential tenants will be provided a reasonable opportunity to lease and occupy a suitable, decent, safe, sanitary, affordable, dwelling unit in buildings assisted under completion of the HOME project. A. Temporary Relocation: The following policies cover residential tenants who will not be required to move permanently but must relocate temporarily for the project. Such tenants must be provided with: 1 . Reimbursements for all reasonable, out-of-pocket expenses incurred in connection with temporary relocation including the cost of moving to temporarily occupied housing and any increase in monthly rent and utility costs. These costs will be born as part of the project costs budgeted by the property owner; 2. The City will require that the property owner provide reasonable advance notice to the tenant of: a. The dates and approximate duration of the temporary relocation; b. The location of a suitable, safe, decent, and sanitary dwelling to be made available for the temporary period; c. The terms and conditions under which the tenant may lease and occupy a suitable, decent, safe, and sanitary dwelling in the building upon completion of the HOME-assisted project; and d. Reasonable reimbursement for all out-of-pocket expenses incurred in connection with temporary relocation will be paid as described above in A-1. 3. Records of such actions will be kept by the property owner with a copy provided to the City of Bozeman as a condition of the HOME assistance. B. Displaced Persons: Individuals permanently displaced as defined below will be provided with relocation assistance at the levels described in, and in accordance with, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1 ----.... -.... ---- n..______.. .. __ n_ ._. ._____ _.' ,. """'" 1 970 and will be advised of his/her rights under the Fair Housing Act under 42 USC 3601 19. 1. A displaced person is defined as a person, family, individual business, non- profit organization, or farm that moves from real property or moves personal property from real property permanently as a direct result of acquisition, rehabilitation, or demolition for a project assisted with the HOME Program. This includes any permanent involuntary move from an assisted project, including any permanent move from the real property after notice by the owner to move permanently from the property and if the move occurs: a. On or after the date of submission of an application to the City if the applicant has site control and the application is later approved. b. Before the date the City approves the application if the applicant does not have site control at the time of the application. 2. Before the dates described above if the City or HUD determines that the displacement resulted directly from acquisition, rehabilitation, or demolition for the HOME assisted project. 3. A tenant is also considered displaced if the tenant moves after execution of the agreement covering the rehabilitation under HOME Program activities and moves, before the tenant is provided written notice offering the tenant the opportunity to lease and occupy a suitable, decent, safe, and sanitary dwelling in the same building or complex upon completion of the project under all reasonable terms and conditions. Such reasonable terms and conditions must include a term of lease of one year at a monthly rent and estimated monthly utility cost that do not exceed the greater of: a. The tenant's monthly rent before the HOME agreement and an estimated average monthly utility cost, or b. The total tenant payment as determined under 24 CFR 813.107 if the tenant is low-income, or 30% of the gross household income if the tenant is not low-income; or, if the tenant is required to relocate temporarily and does not return to the building complex and either the tenant is not offered payment for all reasonable out-of-pocket expenses incurred in connection with the temporary relocation or other conditions of the temporary relocation are not reasonable or the tenant is required to move to another dwelling unit in the same building complex but is not offered reimbursement for all reasonable out-of- pocket expenses incurred in connection with the move or other conditions of the move are not reasonable. 2 ._,--, -. ---.-....- c. A person does not qualify as a displaced person, if the person has been evicted for cause based upon a serious or repeated violation of the terms or conditions of the lease or occupancy agreement, violation of ethical federal, state, or local law or other good cause and the City d~termines the eviction was not undertaken for the purpose of evading tl11e obligation to provide relocation assistance. The effective date of ary termination or refusal to renew must be preceded by at least t~ree days advance written notice to the tenant specifying the grounds f~r the action. , I d. qisplaced person's benefits are also not required if the person moved i~to a property after submission of the application by the property o~ner but before signing a lease and after commencing occupancy, ""as provided written notice of the project. An individual is also not cbnsidered a displace person if the person is ineligible under 49 CFR 2~.2 (g) (2) if HUD determines that the person was not displaced as a direct result of acquisition, rehabilitation, or demolition for the HOME project. C. Anti-Displacement Policy: All HOME-j:tssisted activities that are not undertaken by the City of Bozeman will be de$igned to assure that permanent displacement will not occur. If permanent' relocation does occur, funding for such relocation will be provided from altern~tive sources other than the HOME Program as allowed for under the HOME regulations. Procedures to minimize displacement include the City's limiting HOME assistance to units which will not result in displacement. This will be achiieved through: 1 . Limitinij HOME assistance to vacant units or units currently occupied by HOME-~Iigible tenants under the Rental Rehabilitation Program; and 2. Requiring notification to existing tenants as required above as part of the process I for approving an application. ! 3 ....-----.