R-95-857
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CITY OF CLERMONT
RESOLUTION
No. 857
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, ADOPTING AN ANTI-
DISPLACEMENT AND RELOCATION POLICY FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
WHEREAS, the City of Clermont desires to adopt an Anti-Displacement and
Relocation Policy for the Community Development Block Grant Program.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Clermont the following policies are established:
I. Displacement Avoidance Policy:
The City of Clermont is committed to a policy to make all reasonable efforts to
ensure that activities undertaken through the use of Community Development Block
Grant (CDBG) and/or other federal funding will not cause unnecessary displacement
or relocation. Such federally funded programs will be administered in such a manner
that careful consideration is given during the planning phase with regard to avoiding
displacement. The City will also provide information to and keep citizens involved in
the process regarding pending land use changes, zoning and rezoning actions that
threaten the preservation of residential areas. Involuntary displacement shall be
reserved as a last resort action necessitated only when no other alternative is available
and when the activity is determined necessary in order to carry out a specific goal or
objective that is of benefit to the public. In this case, community development and
housing programs will be planned in a manner which avoids displacement of
households or business.
However, "voluntary" displacement (temporary or permanent) may be
necessary in order to achieve a benefit to a household or business (such as
rehabilitation or replacement of the building). Such benefits shall be identified and
requested by the displacee. Voluntary displacement may also occur when a property
owner voluntarily offers his home or business property for sale to the City. In these
cases, the selIer may be required to waive rights as a condition of sale of the property,
and the Uniform Relocation Act provisions will govern actions of the City and/or its
representative. 24 CFR part 570 is a governing document on displacement and is
incorporated by reference. 49 CFR Part 24 provides Uniform Relocation Act
information and is incorporated by reference. As pertains to the City's tenant
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CITY OF CLERMONT
RESOLUTION
NO. 857
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Assistance, Relocation and Real Property Acquisition Plan, the u.s. department of
Housing and Urban Development Handbook #1378, September 1990, shall be adopted
in its entirety.
II. Definitions of "Standard" and "Non-Standard Suitable for Rehabilitation"
Dwelling Unit Condition.
In the absence of federal and state provided definitions, the following is
provided to establish a frame of reference and context when dealing with matters of
displacement and/or relocation as defined in 24 CFR Part 570 and 49 CFR Part 24.
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A. Standard Condition
A dwelling unit is considered standard if it has no major defects or only
slight defects which are correctable through the course of regular maintenance. It
must be in total compliance with applicable City housing and occupancy codes; be
structurally sound, watertight and in good repair; be adequate in size with respect to
number of rooms and area of living space and contain the following:
I. A safe electrical wiring system adequate for lighting and other
normal electrical devises.
2. A separate, well-lighted and ventilated bathroom that provides
user privacy and contains a sink, commode, and bathtub or
shower stall.
3. An appropriate, sanitary and approved source of hot and cold
potable water.
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5.
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7.
An appropriate, sanitary and approved sewage drainage system.
A fully useable sink in the kitchen.
Adequate space and service connections for a refrigerator.
An unobstructed egress to a safe, open area at ground level, and
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CITY OF CLERMONT
RESOLUTION
NO. 857
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8. Be free of any barriers which would preclude ingress or egress if
the occupant is handicapped.
Failure to meet any of these criteria automatically causes a dwelling to
not be considered "standard".
B. Substandard Condition Suitable for Rehabilitation
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A dwelling unit is considered substandard if it does not fulIy comply
with the standard criteria, or has minor defects which require a certain amount of
correction but can stilI provide safe and adequate shelter or has major defects
requiring a great deal of correction and will be safe and adequate once repairs are
made.
To be suitable for rehabilitation, a trained housing specialist must
carefully inspect the dwelIing and prepare a work write-up of repairs necessary to
bring it up to standard condition. A cost estimate of repairs will be prepared based on
the needs identified in the work write-up.
If these costs are equal to or less than 65 % of the value of a comparable
replacement unit as obtained from more than one licensed contractor, the dwelling will
be considered suitable for rehabilitation. If the predicted cost exceeds 65 %, the unit
will be deemed unsuitable.
This criteria is arbitrary, however, and the City Council/Board of
Adjustments may authorize deviations based on the unique aspects of each dwelling,
owner, tenant, etc. on a case by case basis. Each deviation so approved must be
thoroughly documented.
Displacement Policy J!llii Procedures
· III. Permanent, Involuntary Displacement
The City will provide reasonable relocation assistance to persons (families,
individuals, businesses, nonprofit organizations, displaced (moved permanently and
The units will meet all applicable City housing, building, and
zoning ordinances and will be in standard, or better, condition.
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2.
1. The units will be located within the City.
All replacement housing will be provided within three years of the
commencement of the demolition or rehabilitation relating to conversion and will meet
the following requirements:
The City will replace all occupied and vacant occupiable low/moderate-income
dwelling units demolished or converted to use other than a slow/moderate-income
housing as a direct result of activities assisted with funds provided under the Housing
and Community Development Act of 1974, as amended, and as described in 24 CFR
Part 570. Replacement low/moderate-income units may include public housing or
existing housing receiving Section 8 project based- assistance.
A. Provisions for One-on-One Replacement
Financial assistance sufficient to enable the displaced person to
lease and occupy a suitable, decent, safe and sanitary replacement
dwelling where the cost of rent and utilities does not exceed 30
percent of the household gross income of a family earning 80
percent of the median income for the jurisdiction.
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b) Advisory services necessary to help in relocating.
a) Payment for actual moving and relocation expenses documented
by receipts and/or vouchers from service providers and utility
companies. The documents shall be submitted prior to the
disbursement of payment.
involuntarily as a result of the use of CDBG/federal assistance to acquire or
substantially rehabilitate property. Assistance to displaced persons may include:
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CITY OF CLERMONT
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3. The units will be designed to remain low/moderate- income
dwelling units for at least 10 years from the date of initial
occupancy (applies to initial tenant only).
4. The Unit will be sufficient in size and number (functionally
equivalent) to house at least the number of occupants who could
have been housed in the units that are demolished or converted.
Before obligating or expending CDBG/federal funds that will directly
result in such demolition or conversion, the local government will make public and
submit to the Florida Department of Community Affairs and/or the U.S. Department
of Housing and Urban Development the following information in writing:
1. A description of the proposed assisted activity.
2. The general location on an area map including approximate
number of dwelling units by size (number of bedrooms) that will
be demolished or converted to a use other than
low/moderate-income dwelling units.
3. A time schedule for commencement and completion of the
demolition or conversion.
4. The general location on a service area map and approximate
number of dwelling units by size (number of bedrooms) that will
be provided as replacement units.
5. Identification of the source of funding at the time of submittal and
the time frame, location and source for the replacement dwelling
unit.
6.
The basis for concluding that each replacement dwelling unit will
be designed to remain a low/moderate-income dwelling unit for at
least 10 years from the date of initial occupancy.
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RESOLUTION
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7. Information demonstrating that any proposed replacement of a unit
with a smaller unit is consistent with the housing needs of LMI
persons in the jurisdiction.
B. Provisions for Relocation Assistance for residential Displacement.
The City will provide relocation assistance, as described in 24 CFR Part
570, to each low/moderate-income household involuntarily displaced by the demolition
of housing or by the conversion of a low/moderate-income dwelling to another use as
a direct result of CDBG/federally assisted activities. Persons that are relocated are
entitled to:
1.
A choice between actual reasonable moving expenses or a fixed
expense and dislocation allowance.
2. Advisory services.
3. Reimbursement for reasonable and necessary security deposits and
credit checks.
4. Interim living costs, and
5. Replacement housing assistance which may include a Section 8
housing voucher/certificate and referral to assisted units; cash
rental assistance to reduce the rent and utility cost or lump sum
payment equal to the present value of rental assistance installments
to be used toward purchasing an interest in a housing cooperative
or mutual housing association for a period up to 60 months (5
years) .
C. Provisions for Non-Residential Relocation
Businesses, non-profit organizations, etc., shall not be relocated unless
the move is voluntary, essential to the project from the public view, and the owner
waives his/her rights under the Uniform Act except for the following relocation
assistance:
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RESOLUTION
NO. 857
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7. Information demonstrating that any proposed replacement of a unit
with a smaller unit is consistent with the housing needs of LMI
persons in the jurisdiction.
B. Provisions for Relocation Assistance for residential Displacement.
The City will provide relocation assistance, as described in 24 CFR Part
570, to each low/moderate-income household involuntarily displaced by the demolition
of housing or by the conversion of a low/moderate-income dwelling to another use as
a direct result of CDBG/federally assisted activities. Persons that are relocated are
entitled to:
1.
A choice between actual reasonable moving expenses or a fixed
expense and dislocation allowance.
2. Advisory services.
3. Reimbursement for reasonable and necessary security deposits and
credit checks.
4. Interim living costs, and
5. Replacement housing assistance which may include a Section 8
housing voucher/certificate and referral to assisted units; cash
rental assistance to reduce the rent and utility cost or lump sum
payment equal to the present value of rental assistance installments
to be used toward purchasing an interest in a housing cooperative
or mutual housing association for a period up to 60 months (5
years) .
C. Provisions for Non-Residential Relocation
Businesses, non-profit organizations, etc., shall not be relocated unless
the move is voluntary, essential to the project from the public view, and the owner
waives his/her rights under the Uniform Act except for the following relocation
assistance:
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RESOLUTION
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1. Actual moving and reasonable re-establishment expenses not less
than $1,000 nor more than $20,000 equal to pro-rated share for
the period of interruption of operations of the average annual net
earnings. Average annual net earnings before taxes during the
two taxable years immediately prior to the taxable year it was
displaced.
2. No other benefits will be provided and a signed waiver
acknowledging that fact will be required.
IV. Temporary , Voluntary Displacement and Relocation
A.
Persons occupying housing which is to be rehabilitated using
CDBG/federal funds must voluntarily agree to inclusion in the program
and shall vacate the housing at the direction of the City (or its designed
agency), in order to facilitate the safe, timely and economical
rehabilitation process.
B. A moving allowance of $300 will be provided each family unit so
displaced.' This allowance will be provided in two payments of $150
each on move out and move back in.
C.
The City may provide a safe, decent and sanitary housing unit for use as
temporary relocation høusing. The unit shall be available free of charge
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to temporarily displace~ households for the time period authorized by the
City's designated agen~y, generally for the period of rehabilitation
construction. Househo~ds who occupy the unit shall have a $75
refundable deposit withheld from their initial moving allowance payment.
This deposit shall be re~funded in full immediately after the relocation
unit is vacated in a clean and undamaged condition. The deposit
refunded shall be denie~ in full or in part for payment of damages to the
owner/lessee due to the occupants, (a) failure to properly clean or
maintain the unit, (b) physical damage to the unit, (c) loss of keys to the
units, or (d) need for any special condition such as fumigation. A $25
per day penalty may also be assessed for the household's failure to
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RESOLUTION
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properly vacate the relocation unit when directed to do so by the City's
designated agency.
D. A storage allowance of up to $150 will be provided each family unit
displaced if storage is necessary and essential to the move.
E. Insurance cost of up to $100 for the replacement value of the household
property in connection with the move will be provided each family unit
displaced if storage is necessary and essential to the move.
V. Permanent, Voluntary Displacement and Relocation.
If it is determined by the City, that occupants of a dwelling should be
permanently relocated, and the occupants voluntary consent, the government will assist
in the relocation to a decent, safe and sanitary dwelling unit. Bene- fits, if provided,
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will be limited to increases in monthly housing costs incurred by the occupant in an
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amount equal to the lesser of 60 timès the increase or 30 percent of the person's
annual income. 24 CFR Part 570 must be consulted to determine specific limitations.
VI. Tenant Assistance Policy/federal Rental Rehabilitation Program.
A. It is not the local gover:nment's policy to displace families in rental units.
Participating landlords will be required to warrant that the proposed
rehabilitation will not c~use any tenant to be permanently displaced
unless the owner will b~ able to relocate the tenant displaced in
accordance with HUD relocation criteria. Rental Rehabilitation funds will
not be used to rehabilitate the structures if the rehabilitation will cause
the permanent displacement of LMI families.
B.
If it becomes necessary for an owner to temporarily move a tenant from
a unit as a direct result 'of rehabilitation assisted through rental
rehabilitation funds, the owners will assure that the tenant is offered a
decent, safe and sanitary dwelling unit at an affordable rate as described
in the applicable regulations. No tenant will be considered displaced if
the owner has offered the tenant a decent, safe, sanitary and affordable
unit and the tenant has declined the offer.
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RESOLUTION
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C. Should temporary displacement become necessary for a LMI family as a
result of the rental rehabilitation assistance, the owner will assure that
tenants are provided the necessary financial assistance, information,
counseling, referrals and housing location options regarding Federal Fair
Housing Ordinance and other relocation services as needed without
regard to race, color, religion, sex, familial status, age, handicap or
national origin, so as to enable the family to obtain decent, safe, and
sanitary housing at an affordable rent.
D.
The Housing Authority at the City of Clermont shall provide federal
preference to any qualified LMI family subject to relocation. Where
Section 8 Housing vouchers are available, such preference will apply.
E.
Where required compensation to obtain replacement housing shall not
exceed $3,000 threshold. Should such projected compensation to the
tenant exceed this threshold, consideration shall be given to not
performing the demolition rehabilitation which would cause the
displacement.
VII. Displacement of Homeowners
When rehabilitation of the dwelling is not feasible of cost effective, demolition
of house with CDBG/federal funds may be considered, only as a voluntary action by
the home owner. Although homeowners have a right to assistance as previously
discussed, CDBG/federal funds available for relocation assistance are limited.
Therefore, financial assistance shall not exceed that described in accordance with
49CFR 24.401, and the regulations under u.s. HUD Handbook 1378.
VIII. Appeals/Counseling
A.
If a claim for assistance is denied by the City, the claimant may appeal
where applicable to either the State of Florida or U.S. Department of
Housing and Urban development, and their decision shall be final unless
a court determines the decision was arbitrary and capricious.
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CITY OF CLERMONT
RESOLUTION
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B. Counseling will be provided to displacees in the areas of household
finance, fair housing rights, real estate transactions, and locating and
evaluating replacement housing options. Counseling shall be provided by
the City or its designated agency.
To permanently displaced households to ensure that:
1. No person is discriminated against based upon age, race, color, religion, sex,
handicap, familial status, national origin, or presence of children in the house-
hold.
2.
Displacees receive information concerning the full range of housing
opportunities within the local housing market.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA THIS 14TH DAY OF MARCH, 1995.
CITY OF CLERMONT
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Robert A. Pool, Mayor
Attest:
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Jo~ E. Van Ziletelty Clerk