TABLE OF CONTENTS
CHAPTER 1: RAP OVERVIEW......................................................................................................1
CHAPTER 2: RAP PROJECT PLANNING ..........................................................................................14
CHAPTER 3: RELOCATION NOTICES..............................................................................................18
CHAPTER 4: INFORMATION PROGRAM AND ADVISORY SERVICES.............................................21
CHAPTER 5: RELOCATION BENEFITS ............................................................................................26
CHAPTER 6: MONITORING, RECORDKEEPING & EVALUATION ...................................................35
CHAPTER 7: COMMUNITY OUTREACH.........................................................................................38
CHAPTER 8: GRIEVANCE PROCEDURES ........................................................................................39
CHAPTER 9: TERMINOLOGY! ......................................................................................................44
CHAPTER 1: RAP OVERVIEW
RELOCATION ASSISTANCE PROGAM (RAP) HANDBOOK
The RAP Handbook is a resource tool for conducting the implementation and
resolution of legally required relocation assistance issues. Its main goal is to ensure
awareness of RAP legal requirements and to promote consistency in its
implementation. The Handbook should be provided to appropriate CSU campus,
auxiliary, and foundation staff who carry out relocation activities, and also
relocation consultants contracted by a campus to implement relocation activities.
CAVEAT!! The CSU Board of Trustees adopted the Department of California
Housing and Community Development State Guidelines as its official policy. The
purpose of this Handbook is to guide you through the implementation of the
relocation assistance law as it applies to CSU. It is not a substitute for The Relocation
Assistance Law and the State Guidelines. You can find these documents at the
following websites:
CALIFORNIA RELOCATION ASSISTANCE LAW: (INSERT LINK)
STATE GUIDELINES: (INSERT LINK)
Chapter 1 is an overview of the RAP process. IF YOU DON’T DO ANYTHING ELSE,
READ CHAPTER 1! It is also available as a stand-alone booklet titled The 10-Minute
Manager, which you can find at (Insert Link).
A FEW WORDS ABOUT THE RELOCATION ASSISTANCE LAW AND THE GUIDELINES
 The Act = Law +
Guidelines
The relocation statute in combination with the state
guidelines is commonly referred to as The Act. The
California Relocation Assistance Law, California
Government Code Section 7260 et seq., (“Relocation
Assistance Law”) regulates and governs programs and
projects funded without federal financial assistance. The
relocation statute is intended for the benefit of displaced
persons in order to ensure that they receive fair and
equitable treatment, and do not suffer disproportionately
as a result of programs designed for the benefit of the
public as a whole.
In the acquisition of real property by a public entity, the
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CHAPTER 1: RAP OVERVIEW
Relocation Assistance Law ensures consistent and fair
treatment for tenants and property owners. It encourages
acquisition by agreement with owners and tenants, rather
than condemnation, in order to avoid litigation, relieve
congestion in courts, and promote confidence in public
land acquisition.
To help public agencies implement the statute, the State
Department of Housing and Community Development
(HCD) prepared state Relocation Assistance and Real
Property Acquisition Guidelines ("The Guidelines"), which
are published in the California Code of Regulations, Title 25,
California Code of Regulations Ch.6. Art. 1, Section 6000 et
seq. The Guidelines are intended to establish only
minimum requirements for relocation assistance and
payments. They shall not be construed to limit any other
authority or obligation that a public entity may have to
provide additional assistance and payments.
A FEW WORDS ABOUT THE ACT AND CSU
 CSU Adopts
Guidelines
CSU adopted the state Guidelines developed by the state
Housing and Community Development department, and
this Booklet and the Handbook are crafted to meet the
specific needs of CSU campuses and the CSU Board of
Trustees.
 SUAM Procedures
The procedures established in the CSU Relocation
Assistance Handbook represent the official CSU
procedures for Act compliance, and thus a general
summary of the procedures is contained in the State
University Administrative Manual (SUAM), beginning with
Section XXXX, published on the CSU website. Section XXXX
incorporates the Handbook by reference into SUAM
procedures and the Handbook appears as an appendix
item.
 Contact CPDC
When it is first determined that relocation assistance may
be an element of your project, confer with your Capital
Planning, Design and Construction (CPDC) Land Use
Manager and/or Facilities Planner at the Chancellor’s
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CHAPTER 1: RAP OVERVIEW
Office (CO). If it is determined that relocation assistance
applies, campus representatives should meet with the
CPDC Land Development Review Committee (LDRC) to
review the project.
HOW DO I KNOW IF MY PROJECT TRIGGERS RELOCATION ASSISTANCE?
Unlike CEQA, relocation assistance will apply to very few of your projects. However,
when it does apply, you must adhere to The Act.
FIRST STEP: Determine whether the project under consideration is subject to The Act.
 1. Does the
project include
property
acquisition or
renovation?
No: Your project is not subject to relocation
assistance.
 2. Is the project
funded with state
money or
intended for CSU
use?
No: Your project is not subject to relocation
assistance.
 3. Is the property
occupied by
residents or any
kind of business
(including a
billboard)?
No: Your project is not subject to relocation
assistance.
 4. What about
foundation or
auxiliary
projects?
If you answered yes to questions 1, 2, and 3, it doesn't
matter whether it's a campus, auxiliary, or foundation
project; you are required to follow the relocation
procedures. Foundations and auxiliaries are
considered “agents of the state” when it comes to The
Relocation Assistance Law.
Yes: Go to the next question.
Yes: Go to the next question.
Yes: Your project is subject to The Act. At the very
least you must send out a General Information Notice
to every occupant and non-occupant owner.
SECOND STEP: If your project is subject to The Act, determine if your project will be
“displacing” anyone, and/or causing any persons to move temporarily. Who is a
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CHAPTER 1: RAP OVERVIEW
displaced person and who is not a displaced person? (For more detailed definitions, see
“Displaced Person” in Chapter 9: Terminology.)
 Displaced
Person
(Displacee)
Generally, a displaced person is an individual, family,
partnership, association, corporation or organization that
permanently moves from their home, business, or farm, or
moves their personal property as a direct result of
acquisition, demolition or rehabilitation for a state-funded
or state-use project. Displaced persons are eligible for
relocation assistance and payments.
 Person Not
Displaced
Generally, persons not displaced are not eligible for
relocation assistance. A person who is allowed to remain
on the property or moves from their property for reasons
other than the acquisition, demolition, or rehabilitation of
the state-funded or state-use project is not considered
displaced.
 Person to be
Temporarily
Moved
Renovation projects may require persons to be
temporarily moved. Persons who are required to
temporarily move from their home, business, or farms are
not considered displaced but may be eligible for specific
temporary relocation assistance and benefits.
MY PROJECT IS SUBJECT TO THE ACT---NOW WHAT?
Relocation issues are a critical part of any project financed, in whole or in part, with
state or CSU funds. The laws and regulations adopted by the state underscore the
importance of seriously evaluating relocation issues and providing appropriate and
timely relocation assistance.
Contact your Facilities Planner or Land Use Manager at the Chancellor’s Office and
schedule a meeting with the Land Development Review Committee (LDRC). In
order to promote CSU’s goals of consistency and accuracy in relocation activities, be
prepared to address several key areas.
 Personnel
Identify key personnel responsible for relocation issues.
You may want to consider hiring an experienced,
professional consultant.
 Funds &
Plan for adequate time and funds to carry out the
relocation program. In some projects, permanent
Scheduling
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CHAPTER 1: RAP OVERVIEW
displacement or temporary relocation may be necessary.
It is important that the project include a realistic estimate
of these costs so that they may be considered within your
project’s 2-7 funding analysis. It is also important to
estimate the time implications of providing relocation
assistance. In addition to the time required to provide
relocation advisory services throughout the typical
relocation process, no person shall be required to move
without the required minimum 90 days advance written
notice. The 90-day Notice is a key requirement to
displacement under The Guidelines and the schedule
should work backwards from that reference point.
 Early Planning
Ensure that relocation issues are integrated early in the
process. Planning can “make” or “break” your project. A
well-planned project may be completed on schedule
within budget; whereas, a poorly planned project may
result in delays, funding shortfalls, bad publicity and
possible adverse legal action. Recognize early the
anticipated needs of those affected by the project and
create a plan of action for managing displacee issues.
 Documentation
Develop tools to promote consistency in
implementation
and
documentation
relocation activities.
 Community
In the development of any activity involving property
acquisition and/or renovation, adopt a comprehensive
community outreach strategy that engages community
stakeholders in a timely and sensitive manner.
Outreach
WHAT RELOCATION SERVICES AND PAYMENTS DOES MY PROJECT REQUIRE?
In general, your obligations include:

Providing notices to residents and owners;

Preparing a relocation plan;

Providing relocation advisory services;

Payment of moving expenses;

Payment of certain costs involved with replacement housing; and
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CHAPTER 1: RAP OVERVIEW

Payment of reestablishment expenses for businesses/farms/nonprofits.
There are several variables that dictate the extent of these relocation obligations. If
your project results in the displacement of:
 10 or Less
Businesses/Far
ms and/or
Nonprofits
A formal Relocation Plan is not required; however you
are still required to provide relocation advisory
services, and displacees may be entitled to moving and
reestablishment payments. Report to CPDC/LDRC
details of the procedure, costs, and schedule of the
relocation assistance planned for each business.
 15 or Less
Households
(Residential
Displacees)
A formal Relocation Plan is not required, however a
Summary Relocation Plan (Exhibit A insert link to Ex.A)
must be completed and advisory services provided.
 More Than 15
Households
Displaced
A formal Relocation Plan, as well as all other services, is
required.
Except perhaps for the simplest cases, LDRC will probably recommend that you hire
a relocation consultant to develop and manage your Relocation Plan.
REQUIRED RELOCATION NOTICES
Specific notices need to be issued to eligible persons. These notices provide
important information about the project, the affected persons' resulting rights and
protections, and their eligibility for relocation assistance and payments. There are
specific requirements related to the issuance of the notices and it is critical that the
appropriate notice is issued to affected persons at the appropriate time. Samples
of the various notices can be found in the Appendix. (insert link to Appendix TOC)
 General
Information
Notice (GIN)
At the earliest possible date, typically within 60 days of
the initial written offer to acquire the property, the GIN
informs affected persons of the potential or proposed
acquisition and/or the project, and that they may be
displaced by the project.
 Notice of
Relocation
If it’s determined that the acquisition and/or project is
displacing tenants, owners, or businesses, then within 60
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CHAPTER 1: RAP OVERVIEW
Eligibility (NOE)
 90-Day Notice to
Vacate:
days following the “initiation of negotiations” but no later
than the close of escrow on the property, the NOE
informs occupants about the availability of relocation
assistance and benefits, establishes the eligibility criteria
for relocation assistance and payments, and describes
the procedures for applying and obtaining assistance. In
addition, it informs residential displaced persons of the
availability of comparable replacement dwellings.
Informs displaced persons of the earliest date by which
they will be required to move. This Notice may not be
issued to a residential person unless a comparable
replacement dwelling is available, offered, and the
displaced person is informed of its location and has
sufficient time to lease or purchase the replacement
property.
THE RELOCATION PLAN
For both summary relocation plans and formal relocation plans,, as soon as possible
following the initiation of negotiations, and prior to proceeding with any phase of a
project or other activity that will directly result in displacement,

Prepare a detailed written Relocation Plan and submit it to CPDC for
review.

Relocation Plans require a 30-day review period for public comment.
After CPDC reviews the plan, provide General Notice of the plan to each
occupant of the property 30 days prior to the final submission of the
plan to CPDC. All public comments must be included and addressed in
the final plan.

Submit final plan to CPDC for adoption.

If the implementation of the relocation program is delayed for more
than one year, the plan must be updated prior to displacement.
WHAT ARE RELOCATION ADVISORY SERVICES?
As required by The Guidelines, relocation advisory services are required for
residential (households) and nonresidential (businesses, farms, nonprofits)
displaced persons, and are considered essential to a successful relocation program.
Basic relocation advisory services include the following steps:
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CHAPTER 1: RAP OVERVIEW

Determine relocation assistance needs and preferences, if any, of
displaced persons, and make timely recommendations based upon
those needs.

Provide current and continuing information on the availability, sales
prices, and rentals of replacement dwellings and suitable replacement
sites.

Supply eligible persons information concerning other government
housing programs, and government programs that may help with
applying for assistance.

Provide other advisory services to displaced persons in order to
minimize hardships.

Fully inform eligible persons of the availability, eligibility requirements,
and procedures for applying for relocation benefits and assistance.

Assist each eligible displaced person to complete applications for
payments and benefits.

Provide any services required to insure that the relocation process does
not result in different or separate treatment on account of race, color,
religion, ancestry, national origin, sex, sexual orientation, marital status,
or other arbitrary circumstances. The relocation process shall satisfy the
requirements of Title VI of the Civil Rights Act of 1964, Title VIII of the
Civil Rights Act of 1968, the Unruh Civil Rights Act and the California Fair
Housing Law.

Inform all persons who are expected to be displaced about the eviction
policies to be pursued in carrying out the project.

Notice of Denial of Claim. If CSU disapproves all or part of a payment
claimed, or refuses to consider the claim on its merits because of
untimely filing; it shall promptly notify the claimant in writing of its
determination, the basis for its determination, and the procedures for
appealing that determination.

Provide counseling and other assistance to minimize hardship in
adjusting to relocation and other required appropriate assistance.
RELOCATION PAYMENTS
 For
Residential
In addition to relocation advisory services, residential
displacees may be eligible for other relocation assistance,
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CHAPTER 1: RAP OVERVIEW
Tenants or
Owners
including moving expenses payments and replacement
housing payments for the increased costs of renting or
purchasing a comparable replacement dwelling.
Moving Expenses. The Guidelines provide payment for
actual reasonable moving costs and related expenses, or
payment based upon a Fixed Moving Schedule.
Replacement Housing Payments. Replacement Housing
Payments are provided based upon a displaced person’s
occupancy status and length of occupancy. Tenant
occupants may be eligible for a Rental Assistance payment
to supplement the costs of leasing a comparable
replacement dwelling, or Down Payment Assistance to
purchase a replacement dwelling. Homeowner occupants
may be eligible for a Purchase Price Differential payment,
Mortgage Interest Differential, or Incidental payments, to
supplement the costs of purchasing a replacement
dwelling.
 For
Nonresiden
tial
Displaced
Persons
Persons whose businesses, farms, or nonprofit
organizations are displaced may be eligible for either:
Payment for actual, reasonable moving costs and related
expenses, and, if eligible, payment for actual, reasonable
reestablishment expenses not to exceed $10,000;
OR
If eligible, a fixed payment “in lieu of” moving and related
expenses of not less than $1,000 nor more than $20,000.
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CHAPTER 1: RAP OVERVIEW
SUMMARY CHART: RELOCATION RESPONSIBILITIES BY DISPLACEE TYPE
10 or <
Nonresidential
15 or <
Households
>15 Households
and/or
Nonresidential
GIN
X
X
X
NOE
X
X
X
90-Day
X
X
X
Responsibilities
Notices
Relocation
Plan
Public Review
No Public
Review
Advisory
Services
Moving
Payments
X
X
Summary
Relocation Plan
X
X
X
X
X
X
X
X
Replacement
Housing
Business
Reestablishment
X
WHAT IS HOUSING OF LAST RESORT?
No displaced person will be required to move from his/her dwelling because of the
action of a CSU project unless comparable replacement housing within a displaced
person’s financial means is made available prior to displacement. You may not
proceed with any phase of a project or other activity until this is accomplished.
This is an unlikely scenario for any of CSU's projects. However, if this is your
situation, Article 4, Section 6139 of the State Guidelines provides for "housing of last
resort", where exceptions to the maximum monetary limits may be exercised, or
comparable replacement housing is provided through the rehabilitation or
construction of housing. If you confront this situation, please contact the
Chancellor’s office for guidance on how to proceed on this issue.
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CHAPTER 1: RAP OVERVIEW
WHAT IS THE RELOCATION GRIEVANCE PROCEDURE?
CSU has adopted and will maintain a grievance procedure (see Chapter 8) that fully
complies with the intent of The Guidelines’ grievance regulations. Any displacee
may appeal determinations on eligibility, amount of payments, and failure by CSU to
provide comparable replacement housing.
WHEN IS RELOCATION ASSISTANCE TERMINATED?
A public entity’s relocation obligations cease under the following circumstances:

A displaced person moves to a comparable replacement dwelling and
receives all payments to which entitled.

The displaced person moves to substandard housing, refuses
reasonable offers of additional assistance to move to a decent, safe and
sanitary replacement dwelling and receives all payment to which
entitled.

All reasonable efforts to trace a person who has vacated the
displacement dwelling without prior notification to CSU of their
replacement address have failed.

The nonresidential displaced person has received all assistance and
payment to which it is entitled and has successfully relocated or has
discontinued business operations.

A person displaced from his dwelling, business, nonprofit organization
or farm refuses reasonable offers of assistance, payments and
comparable replacement housing.
PRIORITY OF FEDERAL LAW
If a public entity undertakes a project with federal financial assistance and
consequently must provide relocation assistance and benefits as required by federal
law (49CFR Part 24-Uniform Relocation Assistance and Real Property Acquisition for
Federal and Federally Assisted Programs), the provisions of the Relocation
Assistance Law (Act) and Guidelines shall not apply. However, if an obligation to
provide relocation assistance and benefits is not imposed by federal law, the
provisions of The Act and Guidelines shall apply.
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CHAPTER 1: RAP OVERVIEW
FLOWCHART: TYPICAL CSU RELOCATION PROCESS
•Determine whether project
is subject to the Act.
1 - Project
Triggers RAP?
2 -Meet with
LDRC
3 - Notices
4 - Relocation
Plan
5 - Prep for
Implementation
•Identify key RAP personnel.
•Estimate costs and RAP
impact on project .
•Integrate RAP requirements
early in the process.
•Develop documentation
tools.
•Reach out to the
community.
•Notice to property owner of
intent to acquire, for
acquisition projects;
followed immediately by:
•GIN within 60 days of initial
offer to acquire or
submitting
renovation/demoliton
project proposal to CPDC.
•Engage in door-to-door
survey, if feasible.
•Estimate relocation cost.
•Submit draft relocation plan
to CPDC.
•30-day public review; place
ad in paper for comments.
(Notify residents of plan
availability.)
•Incorporate comments into
plan and mitigate.
•Submit final plan to CPDC
for adoption.
6 - Notice
7 - Interview
Displacees
8 - Work with
Displacees
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•Train staff or consultant.
•Set up systems to
coordinate relocation with
project.
•Set up record keeping
procedures.
•Estbalish relocations claims
payment process.
•Notice of Eligibility, or
•Notice of Non-Displacement
•Determine needs and
preferences; complete site
occupant record.
•Explain RAP services and
procedure.s
•Encourage displacee not to
move prematurely.
•Explain rental policies for
short-term occupancy after
acquisition.
•Assess need for advisory
services
•Refer displacee to
replacement housing units.
•Coordinate bids for business
moves.
•Provide counseling,
technical aid, and referrals
to social service agencies.
•Inform displacees to notify
CSU prior to moving.
•Issue 90-day notice at
appropriate time.
CHAPTER 1: RAP OVERVIEW
9 - Displacee
Chooses
Replacement
Property and
Moves
10 - Process
Claims and
Make Payments
11 - Follow Up
12 - Appeals
•Inspect replacement housing
before move.
•Issue advance payment when
needed.
•Upon notification of business
move, inspect personal
property at site and
replacement site to be sure
that they've been moved.
•Assist in claim preparation.
Review claims and promptly
issue payments.
•Deal with complaints quickly
and equitably. Assist in
preparation of appeal, as
appropriate.
•Evaluate program success
(include follow-up contacts
with displacees.
•Improve procedures for
future.
•Maintain records to
demonstrate compliance with
law and regulations.
•Right of review.
•Written complaint by
displacee.
•Request for informal
presentation.
•CSU reviews.
•Hearing with CSU authorized
appeals official (campus
president or designee).
•Displacee may seek judicial
review.
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CHAPTER 2: RAP PROJECT PLANNING
MINIMIZE DISPLACEMENT
It is CSU’s desire, when and where possible, to minimize displacement. Each campus
must take responsibility for ensuring that all reasonable steps to minimize
displacement have been taken.

Objectively review the need to purchase occupied property.

Allow low income persons to remain, where and when feasible, in
residential property acquired by the CSU.

Provide quality advisory services and appropriate levels of relocation
assistance.
PROJECT PLANNING
The Guidelines require projects be planned in a manner that, (1) recognizes the
problems associated with the displacement of persons at an early stage, before
commencement of any actions that will cause displacements, and (2) provides for
the resolution of such problems in order to minimize adverse impacts on displaced
persons, and to expedite project completion. It is also critical that projects are
planned to ensure that adequate timing, funding, and staffing are available—this
means careful evaluation of costs and schedules.
 Budget Your RAP
Costs
The obligations of providing relocation assistance can be
costly. It is important the relocation budget for the project
include an accurate estimate of these costs so that they
may be considered within the underwriting and funding
analyses. Under the Guidelines, residential displaced
persons are eligible for relocation assistance and payments
including, advisory services, moving cost reimbursement,
and replacement housing payments. Nonresidential
displaced persons (businesses, nonprofits, and farms) are
also eligible for relocation assistance and payments
including, advisory services, moving cost reimbursement,
and reestablishment expenses.
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CHAPTER 2: RAP PROJECT PLANNING
 Schedule Enough
Time
It is also important to accurately estimate the time
implications of providing relocation assistance. In addition
to the time required to provide relocation advisory services
throughout the typical relocation process, no person shall
be required to move without the required minimum 90
days advance written notice of the required date of move.
The 90-day Notice is a key requirement to displacement
under the Guidelines.
THE “RELOCATION PLAN”
Under certain circumstances, a formal Relocation Plan must be prepared and made
public. CSU cannot proceed with any displacement activity prior to the adoption of
a Relocation Plan.
A plan is required when any number of residential occupants and/or when more
than 10 businesses are being displaced and or temporarily relocated. However,
when 15 or less residential households are being displaced, a Summary Relocation
Plan is sufficient (See Appendix A insert link). As soon as possible following the
presentation of the first written offer, start the preparation of the Relocation Plan.
When less than 10 business displacements occur, submit a report detailing the
procedure, costs, and schedule of the relocation assistance planned for these
businesses to the CPDC Land Development Review Committee (LDRC).
WHAT’S IN A RELOCATION PLAN? HERE’S A CHECK-OFF LIST
(1)
Diagrammatic sketch of the project area.
(2)
Projected dates of displacement.
(3)
Written analysis of the aggregate relocation needs of all persons to be
displaced and a detailed explanation as to how these needs are to be met.
Include what type of advisory services will be provided, the types of referrals,
and list of agencies with contact information that provide such services.
(4)
Written analysis of relocation housing and commercial resources. Depending
on the number of displacees, the campus should identify at least two
available and suitable units during the research time.
(5)
Detailed description of the relocation advisory services program, including
specific procedures for locating and referring eligible persons to comparable
replacement housing.
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CHAPTER 2: RAP PROJECT PLANNING
(6)
Description of the relocation payments to be made to each displacee and a
plan for disbursement.
(7)
Cost estimate for carrying out the plan and identification of the source of the
necessary funds.
(8)
Detailed plan by which any last resort housing is to be built and financed. In
the event that no such housing will be built, a statement from the campus
reaffirming its commitment to pay the full 42 month Rental Assistance
Payment or the Full Replacement Housing Payment for 180 Day Owners.
(9)
Standard information statement to be sent to all displacees who will be
permanently displaced.
(10) Temporary relocation plans, if any.
(11) Description of relocation office operation procedures.
(12) Plans for citizen participation.
(13) Explanation of the coordination activities undertaken to assist the displaced,
such as proof of the availability of comparable housing, information on
homeownership, resources for elderly and handicapped households, and
information on subsidized housing availability.
(14) Comments of the relocation committee or community advisory committee or
any other organized group affected by project, if any.
(15) Written determination by the campus that the necessary resources will be
available as required.
CSU PROCEDURES
At the conceptual stage of your project, if there are indications that relocation may
be necessary, contact your CPDC Land Use Planning Program Manager or Facilities
Planner, and schedule a meeting to confer with CPDC’s Land Development Review
Committee (LDRC). If it’s determined that a Relocation Plan is necessary then:

Submit Relocation Plans to LDRC.

Once LDRC approves the plan, notify in writing all affected parties.

In accordance with Section 6038 of the Guidelines, publish the plan in a
local newspaper that services the project area. All Relocation Plans
must be made available for public review and comment for a period of
30 days, during which persons are allowed to make oral and written
comments.
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CHAPTER 2: RAP PROJECT PLANNING

Address each comment in an addendum to the Relocation Plan.

Submit amended plan to LDRC for adoption.

The relocation plan should be updated at the onset of relocation
activities and annually until the project has been completed
IMPORTANT THINGS TO REMEMBER

A Relocation Plan must be prepared any time there is residential
displacement; however only a summary plan must be written when 15
or less residential households are displaced.

No Relocation Plan is required for an insignificant number of
commercial displacements, but you must submit a report to LDRC
outlining your plans for providing relocation assistance.

Relocation Plans are project specific. There should be a plan for each
project.

Relocation Plans must be reviewed by the LDRC.

There is a 30 day public review and comment period.

Relocation Plans must be adopted by the .

Relocation Plans are only valid for one year.
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
CHAPTER 3: RELOCATION NOTICES
Regulatory Reference: Relocation Notices will be provided to protect displacees in accordance with the
provisions of Paragraph 6040, 6042 and 6046 and Attachment A of the California State Relocation Assistance
and Real Property Acquisition Guidelines.
Apart from the people affected by relocation activities, notices are the most
important part of a relocation program. Providing notices to affected persons and
businesses in a timely manner can save the affected persons from unnecessary
hardships, and in some cases minimize displacement. It can also save the CSU
unnecessary expenditures associated with displacement.
Everyone needs a notice of some sort. All occupants are entitled to a timely notice
which explains whether or not they will be displaced.
CSU must receive evidence of delivery of all notices served within 10 days of service
to the displacee and/or property owner.
 IMPORTANT TO
REMEMBER
Different notices serve different purposes and must be
tailored both to specific project circumstances and the
individual circumstances of the displacee.
All notices are time sensitive; failure to provide correct
and timely notices can be one of the most expensive
mistakes that a relocation agent can make.
All notices must be reviewed by the Office of General
Counsel.
 SAMPLE
NOTICES
See Appendix. Insert link
RESIDENTIAL OCCUPANTS ARE REQUIRED TO RECEIVE THE FOLLOWING NOTICES:
Notice of Intent to Acquire – This is a notice to property owners (and sometimes
copied to their tenants) that the CSU is considering purchasing their property. This
notice is generally served subsequent to presentation of a purchase offer to acquire
the real property. A Notice of Intent can trigger eligibility for relocation assistance
and benefits if a General Information Notice is not immediately served thereafter.
General Information Notice (GIN) – This is the first notice that CSU must send to
affected occupants as soon as feasible.
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CHAPTER 3: RELOCATION NOTICES
Notice of Non-Displacement – Informs the occupants that they will be allowed to
remain in the project after completion of the rehabilitation or new construction. It
should state the terms and conditions of the temporary move and the terms and
conditions of tenancy upon return to the newly rehabilitated unit. A Notice of Non –
Displacement assumes that the project will be ready for occupancy within 12
months from the date of the temporary move. (Returning or remaining occupants
are not required to occupy the same unit they vacated. As long as a suitable unit is
available within 12 months and within the project site, the occupant is not
considered a displaced person.).
Notice of Eligibility for Relocation Assistance (NOE) - This notice is issued to both
residential and commercial occupants. All occupants, users, etc. who will be
permanently displaced must receive NOE’s prior to issuance of a 90-Day Notice to
Vacate. It is CSU’s policy that all residential NOE’s detail the computation used to
compute the maximum relocation assistance payment that the displacee would
receive if all conditions of the notice are met.
Typically, NOE’s for businesses will not state actual dollar amounts other than the
maximum payment allowed for an In Lieu Payment, or under the Actual Move
provision, the business reestablishment and searching fees.
NOE’s should not be served until all funds are in place and the project is ready to
move forward. Issuing this Notice prematurely will make the occupant eligible for
relocation assistance and benefits.
90-Day Notice to Vacate – This notice MUST be served to each occupant
household and/or business in the project site prior to site vacation. The
regulations state that “no lawful occupant to be displaced will be required to move
unless he or she has received at least 90 days advance written notice of the earliest
date by which he or she may be required to move.” The 90-Day Notice cannot be
issued prior to the person or business receiving a NOE. CSU encourages that both
notices be served within a day of each other. The vacate notice MUST state the
specific date the property is to be vacated, or state the estimated date that the
occupant may be required to move, and indicate that the occupant will receive a 60
or 30 day Notice to Vacate prior to the specific date that the occupant must move.
For Temporary Relocations, a 30 or 60 day Notice to Vacate is sufficient.
Temporary Move Notices – This notice must be issued to all persons being
temporarily relocated. It must state the terms and conditions of the temporary
move, offer comparable replacement sites, offer advisory services, and explain
compensation of all reasonable and necessary “out of pocket” expenses due the
tenant.
19
CHAPTER 3: RELOCATION NOTICES
Move-in Notice – Prior to execution of a rental agreement, informs households
moving into potential CSU projects that they may be displaced and will not be
entitled to any relocation assistance. This notice protects CSU from unnecessary
relocation assistance payments moving forward. For example, a campus buys an
apartment building and plans to rent the units until demolition for a future project.
Those renters whose rental agreements include the move-in notice are not entitled
to relocation assistance since they agreed to the notification provisions.
MANNER OF NOTICES
All notices must be written in plain, understandable language. CSU’s policy is to
prepare notices in English and in the predominate language spoken in the project
area. In rare situations where a notice cannot be translated, it must be verified that
a person of the displacee’s choosing has read and explained such notice to him or
her and has signed the notice concurrent with the displacee as evidence of receipt
and explanation.
20
CHAPTER 4: INFORMATION PROGRAM AND
ADVISORY SERVICES
Regulatory Reference: CSU’s relocation information program and advisory services will be administered in
accordance with Sections 6046, 6032 and 6040 of the California State Relocation Assistance and Real Property
Acquisition Guidelines.
WHY DO WE NEED A RELOCATION INFORMATION PROGRAM?
Simply providing a written notice or series of notices, along with the Informational
Statement, is not sufficient to ensure that people affected by the project understand
their rights and responsibilities, or that they have the tools and resources to relocate.
A displacing entity must establish and maintain an information program that provides
for the following:

Preparation and distribution of informational material in a language that is
easily understood by the recipient.

Distribution of informational materials within 60 days following the first
written offer to acquire the subject property, and not less than 90 days in
advance of displacement.

That residential and non-residential occupants receive Informational
Statements specific to their different needs.

That there are personal interviews with all affected parties.

That there is continual personal contact throughout the relocation process.

That a variety of communication tools be used to keep the displacee
informed on a continuing basis. Such tools consist of: local media,
newsletters, legal publications, written correspondence, meetings,
websites, etc.
WHAT SPECIFIC DOCUMENTS SHOULD BE INCLUDED AS PART OF THE INFORMATION
PROGRAM?
Informational Statement or Brochure. A document detailing all relocation assistance
benefits due a displaced residential tenant, homeowner, or business that will be either
temporarily relocated or permanently displaced. It should address CSU policies,
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CHAPTER 4: INFORMATION PROGRAM AND ADVISORY SERVICES
services to be provided, eligibility for assistance, and the process for obtaining
payments.
Notices. Specific notices must be issued with evidence of delivery to the displacee. The
following Notices are legally required:

General Information Notices (GIN).

Notices of Non-Displacement (for those that will be temporarily relocated).

Notices of Eligibility.

90 Day Notice to Vacate.
WHY RELOCATION ADVISORY SERVICES?
Public entities are required to develop and implement a relocation assistance advisory
program which satisfies the Guidelines and Title VI of the Civil Rights Act of 1964, Title
VIII of the Civil Rights act of 1968, the Unruh Civil Rights Act, the Rumford Act, and
applicable state and federal anti-discrimination laws
Whenever possible, minority persons shall be given reasonable opportunities to
relocate to decent, safe, and sanitary replacement dwellings, not located in an area of
minority concentration, that are within their financial means.
WHY IS CSU REQUIRED TO PROVIDE RELOCATION ADVISORY SERVICES?
State law requires all displacing entities to provide specific services, and to ensure that
the public entity does not displace or cause the displacement of any person from his
dwelling without adequate notice and services and comparable housing.
As soon as feasible, each person who is affected by the project should be contacted to
discuss his/her needs, preferences, and concerns. Whenever feasible, contact shall be
face-to-face.
In addition to being required by law, relocation advisory services are the single most
important part of a successful relocation program. Relocation advisory services are
required to be provided to all eligible displaced persons, including nonresidential
displacees.
WHAT ARE SOME KEY RELOCATION ADVISORY SERVICES REQUIREMENTS?

Explain available relocation assistance.
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CHAPTER 4: INFORMATION PROGRAM AND ADVISORY SERVICES

Explain a person's right to appeal if they are not satisfied with CSU
decisions.

Offer and provide transportation to locate replacement housing.

Offer other assistance, e.g. social services or financial referrals, housing
inspection, etc.

Provide current and ongoing listings of comparable dwellings for residential
displacements and replacement sites for businesses.

Supply information on other federal and state programs offering assistance.

Provide counseling and other assistance to minimize hardship in adjusting
to relocation.

Any other required and appropriate assistance.
HOW ARE RELOCATION ADVISORY SERVICES PROVIDED?
All eligible residential and non-residential occupants will be provided with case
management and relocation counseling services by the relocation agent. These services
will begin immediately after the General Information Notice (GIN) is served and will
continue during and after the relocation process, if required.
The Interview. Typically, relocation advisory services begin at the first point of contact,
usually at the time of the initial interview with the displacee. Interviews should be
conducted in person with all primary household members, or in the case of a business,
with the principals and senior managers.
For residential households the interview should be extensive and address family
composition (age and sex of children), number of household occupants, household
income, special needs, disabilities, location preferences, cultural characteristics, and
household customs, etc. Social history regarding involvement with other agencies
should be explored, i.e., DPSS, Social Security Administration, law enforcement
agencies, EDD, health care providers, Housing Authority, etc. The name, address and
telephone numbers of social workers, counselors, medical providers, and other agency
representatives will be secured.
For a business, the interview should include type of business, clientele served, structure
of business (sole proprietorship, partnership or corporation), who are the principals,
who are the mangers, average annual income, number and type of employees, license,
permits, advertising needs, zoning requirements, identification of any hazardous
materials stored on site, terms and conditions of occupancy (lease terms), what is
23
CHAPTER 4: INFORMATION PROGRAM AND ADVISORY SERVICES
considered moveable and immoveable property, regulatory entities and special
requirements for relocation, etc.
Notice of Eligibility. Great consideration must be given when preparing the Notices of
Eligibility for both residential and non-residential occupants.
The most important part of a Notice of Eligibility for a residential displacee is the
determination of the comparable replacement housing unit because it sets the
maximum payment that the household can receive for rental assistance payment,
down payment assistance, and/or replacement housing payment. Location, suitability
for household size, and family characteristics must be properly assessed, in addition to
the legal requirements of providing comparable, decent, safe, and sanitary housing that
is functionally equivalent to the displacement unit.
When identifying replacement sites for businesses, the relocation agent must consider
zoning requirements, street visibility, proximity to competitors, and marketplace (where
do the clients come from).
Referrals to potential replacement sites should be provided in writing, detailing the
location, contact information, cost and amenities, suitability, and for non-residential
displacees, zoning. A feedback sheet should be included with each set of referrals.
Communication is a two way street. It is important to get feedback from the displacee
about the referrals issued.
In addition to replacement site referrals, displacees may need additional assistance in
order to cope with the hardships associated with displacement. Residential households
may require social services, mental health, gang intervention, domestic violence,
substance abuse counseling, financial, educational or health services assistance,
employment and/or training. In such cases, the relocation agent should refer the family
to the appropriate agencies. The relocation agent should provide transportation for the
family if requested, and provide follow-up contacts to agencies, to ensure that needed
services and/or assistance have been provided and adequately utilized.
 Additional
Requirements

Determine and make timely recommendations on the
needs and preferences, if any, of displaced persons
for relocation assistance;

Provide current and continuing information on the
availability, sales prices, and rental charges of
comparable replacement dwellings for displaced
homeowners and tenants, and suitable locations for
businesses and farm operations;
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CHAPTER 4: INFORMATION PROGRAM AND ADVISORY SERVICES

Assist a person displaced from a business or farm
operation in obtaining and becoming established in a
suitable replacement location;

Supply information concerning federal, state, and
local programs that may be of assistance to displaced
persons, and technical assistance in applying for
assistance under those programs;

Provide other advisory services to displaced persons
in order to minimize hardships to them in adjusting to
relocation.

 Some Do’s and
Don’ts

Do provide face-to-face contact with the displacee.

Do not be late in providing required Notices

Do be proactive and not reactive in providing special
needs referrals.

Don’t become co-dependent with your displacee.

Do provide documents that are to be signed in the
displacee’s primary language.

Do put everything in writing and make sure that you
have an
acknowledgement of receipt of all
information and documents provided to the
displacee, or referral agency.

Don’t provide a comparable or replacement property
referral without first inspecting the interior and
exterior of the property, making sure that it is
currently available; and for businesses verify that the
property is properly zoned.

Do maintain regular (weekly or biweekly) contact with
your displace and keep a contact log.
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CHAPTER 5: RELOCATION BENEFITS
Regulatory References: All relocation assistance and benefits will be provided in accordance with the provisions of
Article 3 of the California State Relocation Assistance and Real Property Acquisition Guidelines.
CSU will provide appropriate benefits for each displaced household and business as
required by law. Benefits will be paid upon submission of required claim forms and
documentation.
RELOCATION BENEFIT CATEGORIES
 For Residential
Displacees
 For Businesses,
etc.

Moving expense payments.

Replacement housing payment for tenants, either in
the form of rental assistance or down payment
assistance for the purchase of housing.

Mortgage interest differential payment for displaced
homeowners who purchase replacement housing.

Actual reasonable moving expenses payment, or “In
lieu of” actual expenses payment.

Reestablishment expenses payment (this may apply to
residential displacees who have “home” businesses).
FOR RESIDENTIAL DISPLACEES
Moving Expense Payments
Moving expense payments will be calculated based upon either 1) a fixed payment per
a room schedule, or 2) actual reasonable moving expenses. (For temporary moves,
moving expenses will be paid for both the move to temporary replacement housing and
the move back to the rehabilitated unit.)
Fixed Payment: A fixed payment for moving expenses is based on the number of rooms
containing furniture (bathrooms are excluded) or other personal property to be moved.
It is based upon the most recent Federal Highway Administration schedules maintained
by the California Department of Transportation.
See http://www.fhwa.dot.go/realestate/fixsch96.htm
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CHAPTER 5: RELOCATION BENEFITS
Actual Reasonable Moving Expense Payment: An eligible person may elect to have a
licensed, professional mover perform the move; if so, CSU will pay for the actual cost of
the move up to 50 miles, and all reasonable charges for packing, unpacking, insurance,
and utility connection charges. The payment may be made directly to the mover or as
reimbursement to the displaced person. Expenses that may be included are the
reasonable and necessary costs for:

Transportation for the family.

Packing, moving and unpacking of household goods.

Disconnecting and reconnecting household appliances and other personal
property (e.g., telephone and cable TV).

Insured storage of household goods, as may be necessary.

The replacement value of property that is lost, stolen or damaged during
the move, not through the fault of the displaced person, and necessary
storage.

The replacement value of property lost, stolen or damaged in the move (but
not through neglect) if insurance is not reasonably available.
Replacement Housing Payments for Displaced Tenants
This assistance may be made in the form of 1) a direct payment, or 2) application
towards the purchase of a replacement dwelling. It is limited to a maximum of $5,250.
Who is eligible? A displaced tenant who established occupancy at the displacement
site for a minimum of 90 days prior to the “initiation of negotiations”, and rents and
occupies a decent, safe and sanitary replacement dwelling within one year from the
date they vacate the displacement dwelling (although the one year may be extended
upon CSU’s discretion), is eligible for rental assistance payments.
How do you calculate the payment? The payment amount is computed by determining
the displacee’s “monthly housing need” over a 42-month period.
1. Figure out the base monthly rent. Base monthly rent is the lesser of a) the sum
of the monthly rent for the displaced dwelling, and the average monthly cost of
utilities, or b) if from a low income household, 30 percent of the average
monthly gross household income, based on HUD income limits.
2. Subtract the base monthly rent from the cost of rent and utilities for the
replacement dwelling. This is the monthly housing need.
3. Multiply the monthly housing need by 42. This determines the total payment
amount.
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CHAPTER 5: RELOCATION BENEFITS
What are the payment options?
Direct payment option: If the displacee chooses the direct payment option, CSU
may provide the assistance in monthly installments or other periodic payments.
When the total payment amount exceeds the statutory limit of $5,250, Last Resort
Housing Provisions apply and the person may be able to receive the full 42-month
subsidy (unless other provisions are made for Last Resort Housing).
Down payment assistance option: A displaced tenant who is eligible may turn that
benefit into a down payment assistance payment by purchasing and occupying a
decent, safe and sanitary home. The full amount of the payment must be applied to
the purchase of the replacement dwelling as a down payment, or for nonrecurring
closing costs. Remaining funds, if any, can be applied to reduce the principal
mortgage balance.
Replacement Housing Payments for Homeowners
If the displaced homeowner has owned and occupied their dwelling (the displacement
dwelling) for not less than 180 days prior to the “Initiation of Negotiations”, and
purchases and occupies a decent, safe and sanitary replacement dwelling within one
year after the later of the date the displaced person moves, or the date they receive the
final payment for the acquisition of their present home; the homeowner occupant may
be eligible for the following benefits: purchase price differential payment, mortgage
interest differential payment, and payment for incidental expenses. The total payment
for these three benefits shall not exceed $22,500. CSU has the option of extending the
one year period for good cause.
Purchase Price Differential. If the cost of the replacement dwelling exceeds the
amount CSU pays for the displaced dwelling, a displaced homeowner occupant may be
eligible for a payment to cover the difference. CSU will first determine the cost of
comparable replacement housing. If the purchase price of the replacement dwelling is
less than the cost of a comparable replacement dwelling, the payment will be limited to
the actual difference. If it exceeds the cost of a comparable replacement home, the
payment will be based on the cost of a comparable home.
Example: CSU pays $120,000 to purchase a displaced home and determines that a
comparable replacement dwelling costs $130,000.

If the purchase price of the replacement dwelling is $129,000, then the
displaced homeowner would receive a $9,000 differential payment (the
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CHAPTER 5: RELOCATION BENEFITS
difference between the CSU's payment for the acquisition of displacement
dwelling and the actual cost of the replacement dwelling).

If the purchase price of the replacement dwelling is $132,000, then the
displaced homeowner would receive a $10,000 differential payment (the
difference between the CSU's acquisition payment and the cost of the
comparable replacement dwelling).
Mortgage Interest Differential Payment. This amount covers the "present value" of the
additional costs required to finance the purchase of a replacement dwelling if the
interest rate you must pay for a new mortgage is higher than the interest rate on the
displacement property mortgage. It also covers other debt service costs. The payment
is based on the lesser of the mortgage balance on your present home or your new
mortgage amount. To be eligible, the mortgage on your home must have been a valid
lien for at least 180 days before the CSU's initial written purchase offer for the
displacement dwelling.
Based on that information and the prevailing terms and conditions of new mortgage
financing, the CSU will compute the approximate mortgage interest differential
payment for which the displaced person is eligible. The payment should be made
available with the purchase price differential in a timely manner to reduce the amount
the displaced person must borrow to buy the new home. The Mortgage Interest
Differential Payment is complicated and the attached claim forms should be used to
compute payment.
Incidental Expenses. This amount covers those extra costs typically charged when one
buys real property, such as the cost of preparing the deed and recording fees; the cost
of title insurance, revenue stamps and transfer taxes (not to exceed the cost for
comparable replacement housing); loan application, loan origination and appraisal fees;
the cost of a credit report; and for other costs such as certification of structural
soundness, home inspection and termite inspection. Only non recurring costs are
eligible expenses under this payment provision. Therefore, it does not cover prepaid
expenses, such as property taxes and insurance.)
Rental Assistance Payment. If the displaced homeowner occupant decides to rent
rather than buy a replacement home, they may be eligible to receive rental assistance.
This assistance is only available if there’s a difference between the market rent for the
displacement dwelling (including utilities), as determined by CSU based on what similar
houses currently rent for in similar locations, and the rent of comparable rental
dwellings that are actually available on the market (including utilities). That difference,
or monthly need, if any, is multiplied by 42 months to determine the total amount that
will be paid in monthly installments or other periodic payments. This total cannot
29
CHAPTER 5: RELOCATION BENEFITS
exceed the computed purchase price differential.
Example: The monthly "market rent" and average cost for utilities for the
displacement dwelling is $250 and the monthly rent and estimated average utility costs
for a comparable replacement home that can actually be found on the open market is
$350.

The difference between the market rent for the replacement dwelling and
the cost for a comparable replacement home is $100. Therefore, the rental
assistance payment is $4,200 ($100 x 42).

If the replacement home rents for $310, including estimated average
monthly utility charges, the difference between the “market rent” and the
actual rental cost is $60. Therefore, the rental assistance payment is $2,520.
To qualify for rental assistance, the displaced person must rent and occupy a decent,
safe, and sanitary home within one year after the later of: the date move or the date of
the final payment for the acquisition of the displacement dwelling. However, the CSU
extend this period for good cause.
NONRESIDENTIAL (BUSINESS, FARM, NON-PROFIT) DISPLACEMENTS
Displaced business concerns, nonprofit organizations or farm operations may file claims for
actual reasonable moving expenses and actual reasonable reestablishment expenses. In lieu of
actual moving and reestablishment expenses, displacees may opt for a fixed moving expense
payment.
Payment for Actual Reasonable Moving Expenses
Claims may include the reasonable and necessary costs of:

Transportation of the displaced person and personal property.
Transportation costs beyond 50 miles are ineligible, unless the CSU
determines that relocation beyond 50 miles is justified.

Packing, crating, unpacking, and uncrating personal property.

Disconnecting, dismantling, removing, reassembling, and reinstalling
relocated personal property including machinery, equipment, substitute
personal property, and connections to utilities available within the building;
it also includes modifications to the personal property, including those
mandated by Federal, State or local law, code or ordinance, necessary to
adapt it to the replacement structure, the replacement site, or the utilities
at the replacement site, and modifications necessary to adapt the utilities at
the replacement site to the personal property.
30
CHAPTER 5: RELOCATION BENEFITS

Storage of the personal property for a period not to exceed l2 months,
unless the CSU determines that a longer period is necessary.

Insurance for the replacement value of the property in connection with the
move and necessary storage.

The replacement value of property lost, stolen, or damaged in the process
of moving where insurance covering such loss, theft, or damage is not
reasonably available.

Any license, permit, fees or certification required at the replacement
location. However, the payment may be based on the remaining useful life
of the existing license, permit, fees or certification.

Professional services if CSU determines them to be actual, reasonable and
necessary for planning the move of the personal property, moving the
personal property, and installing the relocated personal property at the
replacement location.

Re-lettering signs and replacing stationery on hand at the time of
displacement that is made obsolete as a result of the move.

Actual direct loss of tangible personal property incurred as a result of
moving or discontinuing the business or farm operation. Payment shall be
the lesser of:

(1) The fair market value in place of the item, as is for continued use, less
the proceeds from its sale; or

(2) The estimated cost of moving the item as is, but not including any
allowance for storage or for reconnecting a piece of equipment, if the
equipment is in storage or not being used at the acquired site. If the
business or farm operation is discontinued, the estimated cost of moving
the item shall be based on a moving distance of 50 miles.

The reasonable cost incurred in attempting to sell an item that is not to be
relocated.

Purchase of substitute personal property. If an item of personal property,
which is used as part of a business or farm operation, is not moved but is
promptly replaced with a substitute item that performs a comparable
function at the replacement site, the displaced person is entitled to
payment of the lesser of:
31
CHAPTER 5: RELOCATION BENEFITS

(1) The cost of the substitute item, including installation costs at the
replacement site, minus any proceeds from the sale or trade-in of the
replaced item; or

(2) The estimated cost of moving and reinstalling the replaced item but with
no allowance for storage.

Searching for a replacement location. A business or farm operation is
entitled to reimbursement for actual, reasonable expenses, not to exceed
$1,000, which are incurred in searching for a replacement location,
including: transportation; meals and lodging away from home; time spent
searching, attending zoning hearings, and negotiating the purchase or lease
of a replacement site (based on reasonable salary or earnings); fees paid to
a real estate agent or broker to locate a replacement site (exclusive of any
fees or commissions related to the purchase of such sites).

Low value/high bulk. When the personal property to be moved is of low
value and high bulk, and the cost of moving the property would be
disproportionate to its value, in the judgment of the CSU, the allowable
moving cost payment will not exceed the lesser of:
(1) The amount which would be received if the property were sold
at the site; or
(2) The replacement cost of a comparable quantity delivered to the
new business location. Examples include, but are not limited to,
stockpiled sand, gravel, minerals, metals, and other similar items
of personal property as determined by the CSU.
Method of Payment. The displaced person may elect to pay their moving costs
themselves and be repaid by the CSU or, if preferred, the displaced person may have
the CSU pay the mover.
The displacee must provide CSU reasonable advance written notice of the approximate
date of the move or disposition of the personal property, and an inventory of the items
to be moved. CSU may agree to waive this requirement. The displacee must permit the
CSU to make reasonable and timely inspections of the personal property at the old and
new locations and to monitor the move.
Payment for Reestablishment Expenses
A displaced business may also be eligible to receive payment for reestablishment
expenses, not to exceed $10,000. Such expenses must be reasonable and necessary, as
determined by CSU. They include, but are not limited to the following:
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CHAPTER 5: RELOCATION BENEFITS

Repairs or improvements to the replacement real property as required by
Federal, State or local law, code or ordinance.

Modifications to the replacement property to accommodate the business
operation or make the replacement structures suitable for conducting the
business.

Construction and installation costs for exterior signing to advertise the
business.

Redecoration or replacement of soiled or worn surfaces at the replacement
site, such as paint, paneling, or carpeting.

Licenses, fees and permits when not paid as part of moving expenses.

Feasibility surveys, soil testing and marketing studies.

Advertisement of replacement location.

Professional services in connection with the purchase or lease of a
replacement site.

Estimated increased costs of operation during the first 2 years at the
replacement site for such items as lease or rental charges, personal or real
property taxes, insurance premiums, and utility charges, excluding impact
fees.

Impact fees or one-time assessments for anticipated heavy usage.

Other items essential to the reestablishment of the business.
Fixed Payments In Lieu of Actual Expense Payments
Certain businesses, nonprofit organizations and farms may be eligible to obtain a fixed
moving payment in lieu of receiving a payment for actual moving and reestablishment
expense payments.
The fixed payment for a business or farm operation is based on the average annual net
earnings of the business or farm operation; the fixed payment for a nonprofit
organization is based on average annual gross revenues less administrative expenses. A
Fixed Payment will not be less than $1,000, or more than $20,000.
INSPECTION OF REPLACEMENT HOUSING DWELLINGS
All replacement housing offered to displaced persons shall be internally and externally
inspected by CSU officials or its agent to ensure such housing is decent, safe, and
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CHAPTER 5: RELOCATION BENEFITS
sanitary, and that it meets the housing needs of the displaced person. Only such
housing that meets CSU established housing standards can be approved and considered
for permanent and or temporary relocation. (See Chapter 2: Terminology of the
Handbook for a more detailed definition of “Comparable Replacement Dwelling Unit”.)
FILING CLAIMS FOR RELOCATION PAYMENT
All claims filed shall be submitted within eighteen months of the date on which the
claimant receives final payment for the acquired displacement property or the date on
which he moves, whichever is later. CSU may allow a claimant to exceed this period
upon proper evidence of good cause.
In order to obtain a relocation payment, a displaced person will be required to submit a
written claim form and supporting documentation.
PRORATION OF RELOCATION PAYMENTS
For the purposes of calculating a Fixed Moving Payment or a Replacement Housing
Payment, when two or more eligible persons (whether they are members of one family
or not) living together are displaced from a single dwelling, they shall be regarded as
one person.
Should two or more such occupants submit more than one claim, an eligible claimant
for payment may be paid only his/her reasonable prorated share (as determined by
CSU) of the total payment applicable to a single displaced person. The total of the
payments made to all such claimants moving from the dwelling unit shall not exceed
the total payment allowable to one displaced person.
Where a tenant is sharing a single-family dwelling with a homeowner and paying the
homeowner rent for the privilege, the tenant shall not be entitled to more than one-half
of the rental supplement otherwise payable. The homeowner shall not be required to
share the payment to which he is entitled or accept a prorated amount.
ARE RELOCATION PAYMENTS CONSIDERED INCOME?
Relocation payments shall not be considered income for the purposes of the Personal
Income Tax Law, Part 10 (commencing with Section 17001) of Division 2 of the Revenue
and Taxation Code, or the Bank and Corporation Tax Law, Part 11 (commencing with
Section 23001) of Division 2 of the Revenue and Taxation Code. Payment received by
any recipient of public assistance shall not be considered as income or resources, and
such payments shall not be deducted from the amount of aid to which the recipient
would otherwise be entitled under any other provision of law.
34
CHAPTER 6: MONITORING,
RECORDKEEPING, &
EVALUATION
Regulatory Reference: Recordkeeping, Monitoring of relocation work and Evaluation will be performed in
accordance with the provisions of Section 6048 (4) and 6060 of the California State Relocation Assistance
and Real Property Acquisition Guidelines.
PRINCIPAL OBJECTIVE
It is CSU’s intent and objective to employ a standard approach to monitoring,
recordkeeping, and evaluation that ensures relocation assistance funds are
administered in accordance with all applicable statutory and regulatory
requirements and are used only for approved activities. This established
approach often provides early warning of potential problems with meeting
applicable requirements, and helps to prevent fraud, waste, and
mismanagement.
State law requires that monitoring occurs throughout the relocation process,
that certain information is documented in a relocation file, and that every
displacing entity evaluate their relocation programs at least annually.
Each campus should designate staff responsible for this job.
GUIDELINES FOR CSU RELOCATION STAFF
Each campus is responsible for timely and systematic review of relocation work.
For any project that requires a Relocation Plan, it is likely that CPDC will
recommend the contracting of a relocation consultant. Whether consultant or
staff, relocation responsibility includes:
 Requiring CSU approved relocation consultants to attend planned
CSU training and /or other meetings as appropriate.

Reviewing relocation plan and summary analysis.

Requiring the use of CSU approved Notices and reviewing same.

Requiring periodic written status reports for all relocation projects.

Requiring written cover memo with each relocation claim
submitted, detailing chain of events and basis for eligibility.

Periodic and random review of the claimant’s relocation file.
35
CHAPTER 6: MONITORING, RECORDKEEPING & EVALUATION

Presenting relocation issues arising from review to the relocation
coordinator.
MONITORING
Relocation activities must be monitored from the onset of the relocation
program. The CSU monitor should:

Review the Relocation Plan for compliance with State Guidelines.

Monitor advisory services to displacees on an ongoing basis.

Review relocation claim forms and supporting documentation for
eligibility accuracy and to expedite payment processing.

Monitor bi-monthly or monthly reports that identify ongoing
activities.
RECORDKEEPING
At a minimum the Guidelines require that relocation records contain
“information obtained during the survey and other sources as applicable, the
local agency shall prepare and maintain an accurate relocation record for each
person to be displaced. The record shall contain a description of the pertinent
characteristics of the persons to be displaced and the assistance deemed to be
necessary.” Additionally, CPDC recommends that a contact log be maintained
detailing each contact, that services and referrals be evident in the file, and that
bids and awards for services and the methodology for obtaining them, as well as
all other supporting documents, also be in the file.
EVALUATION STANDARDS
A written evaluation of each relocation project must be prepared at least
annually by someone who was not involved in the case work. The evaluation
should include the following:

An assessment of the quality and quantity of services, including
displacee satisfaction.

A determination of planned versus actual relocation outcomes.

Evaluation of the files of any displacees who were denied the full
benefits and services to which they were entitled.
36
CHAPTER 6: MONITORING, RECORDKEEPING & EVALUATION

Relocation file
documentation.

Random selection of relocation files that were previously monitored
as requiring corrective action.

Evaluation of the files of displacees who have been paid and who
are still awaiting payment.

From the population of files evaluated, a percentage must have a
second level of review that includes a personal face-to-face
interview and inspection of replacement property.

One out of every five files (with a minimum of 10 files) should be
reviewed. In the case where less than 25 displacements occur, the
number of files reviewed should not be less than five or the number
of displacements, whichever is lowest .
review
and
review
of
supporting
claim
What am I looking for when evaluating a relocation file?

Effectiveness of the efforts to provide relocation services in terms of
the timely issuance of notices and correctness of eligibility
determinations.

Satisfaction with the relocation process and the properties that
were found.

Timely processing of claims and issuance of payments.

The magnitude of rent increases following displacement.

The effectiveness of relocation in upgrading the housing and overall
environment.

Conditions of displacee.

The effectiveness of the advisory services.

The effectiveness of assuring equal opportunity for displaced
persons and in reducing patterns of minority group concentration.
37

CHAPTER 7: COMMUNITY OUTREACH
Regulatory Reference: Citizen participation and community collaboration programs will be designed and
facilitated in accordance with Section 6012 of the California State Relocation Assistance and Real Property
Acquisition Guidelines.
WHAT ARE THE STATE REQUIREMENTS FOR CITIZEN PARTICIPATION?

That displacees, neighborhood groups, and any relocation
committee be encouraged to meaningfully participate in reviewing
the relocation plan and monitoring the relocation assistance
program.

That when a substantial number of persons are displaced, the public
entity will encourage the residents and community organizations in
the displacement area to form a relocation committee consisting of
residential owner occupants, tenants, business owners, and
members of existing organizations within the area.

That in lieu of initiating a new process for citizen participation, to
use existing groups, committees, etc.

That the public entity will provide timely and full access to all
documents relevant to the relocation program (except for
confidential information).

That technical assistance will be made available to interpret
elements of the relocation plan and other pertinent materials.

That the public will have the right and opportunity to make written
or oral comments on the relocation plan and program.

That the public entity will promptly address such comments in
writing.
38
CHAPTER 8: GRIEVANCE PROCEDURES
A. PURPOSE
The purpose of this part is to set forth guidelines for processing appeals from
CSU’s determinations as to eligibility, the amount of payment, and for
processing appeals from persons who assert that they were aggrieved by CSU’s
failure to refer them to comparable permanent or adequate temporary
replacement housing.
B. RIGHT OF REVIEW
Any displaced person who is not satisfied with a determination as to eligibility,
the amount of payment, the failure of CSU to provide comparable permanent or
adequate temporary replacement housing, or CSU’s property management
practices may, at his/her election, have his/her claim reviewed and reconsidered
by the campus president or an authorized committee or designee in accordance
with the procedures set forth in this Chapter.
A person or organization directly affected by a CSU relocation plan may petition
for review of CSU’s final relocation plan to determine if the plan is in compliance
with state laws and guidelines, or review the implementation of a relocation
plan to determine if CSU is acting in compliance with its relocation plan.
C.
NOTIFICATION TO COMPLAINANT
If CSU denies or refuses to consider a claim, CSU’s notification to the claimant of
its determination shall inform the complainant of its reasons and the applicable
procedures for obtaining review of the decision. If necessary such notification
shall be printed in the language most easily understood by the complainant.
D.
STAGES OF REVIEW BY CSU
1.
Request for Further Written Information. If a claimant feels that the
explanation accompanying CSU’s determination of a claim payment or
notice was incorrect or inadequate, he/she may request a full written
39
CHAPTER 8: GRIEVANCE PROCEDURES
2.
3.
explanation. CSU shall provide this explanation within three (3) weeks of
receipt of the request.
Informal Oral Presentation. A claimant may request an informal oral
presentation before seeking formal review and consideration. A request for
an informal presentation must be made within 18 months following the
date the claimant moved from the property or when final compensation is
received, whichever is later. Within fifteen (15) days of the request, CSU
shall afford the claimant the opportunity to make such presentation. The
complainant may be represented by an attorney or other person of his/her
choosing. This oral presentation shall enable the claimant to discuss the
claim with the campus president or a designee having authority to revise
the initial determination on the claim (other than the person who made the
initial determination). CSU shall make a summary of the matters discussed
in the oral presentation to be included as part of its file. The right to formal
review and reconsideration shall not be conditioned upon requesting an
informal oral presentation.
Written Request for Review and Reconsideration. At any time within
eighteen (18) months following the date the claimant moved from the
property or when final compensation is received, whichever is later, a
claimant may file a written request for formal review and reconsideration.
The claimant may include in the request for review any statement of fact
within the claimant’s knowledge or belief, or other material which may
have a bearing on the appeal. If the claimant requests more time to gather
and prepare additional material for consideration or review, and
demonstrates a reasonable basis therefore, the claimant’s request should
be granted.
E. CSU’S FORMAL REVIEW AND RECONSIDERATION
1.
CSU shall consider the request for review and shall decide whether a
modification of the initial determination is necessary. This review shall be
conducted by the president or an authorized impartial designee (the
designee may be a committee) who has the authority to revise the initial
determination or the determination of a previous oral presentation. CSU
shall consider every aggrieved person’s complaint regardless of form and
shall, if necessary, provide assistance to the claimant in preparing the
written claim. When a claimant seeks review, CSU shall inform her/him
that s/he has the right to be represented by an attorney, to present his case
by oral or documentary evidence, to submit rebuttal evidence, to conduct
such cross-examination as may be required for a full and true disclosure of
40
CHAPTER 8: GRIEVANCE PROCEDURES
2.
3.
facts, and to seek judicial review once s/he has exhausted administrative
appeal.
Scope of Review. CSU shall review and reconsider the initial determination
of the claimant’s case in light of:
a. All material upon which CSU based its original determination
including all applicable rules and regulations, except that no
evidence shall be relied upon where a claimant has been
improperly denied an opportunity to controvert the evidence or
cross-examine the witness.
b. The reasons given by the claimant for requesting review and
reconsideration of his or her claim.
c. Any additional written or relevant documentary material
submitted by the claimant.
d. Any further information which CSU, in its discretion, obtains by
request, investigation or research, to ensure fair and full review
of the claim.
The determination on review by CSU shall include, but is not limited to:
a.
b.
c.
4.
CSU’s decision on reconsideration of the claim.
The factual and legal basis upon which the decision is based,
including any pertinent explanation or rationale.
A statement to claimant that administrative remedies have been
exhausted and judicial review may be sought.
The determination shall be in writing with a copy to the claimant.
5. Time Limits. CSU shall issue its determination of review as soon as possible
but no later than six weeks from receipt of the last material submitted for
consideration by the claimant, or the date of the hearing, whichever is later.
In case of complaints dismissed for lack of timeliness or for any other reason not
based on the merits of the claim, CSU shall furnish a written statement to
claimant stating the reason for the dismissal of the claim as soon as possible but
not later than 2 weeks from receipt of the last material submitted by the
claimant or the date of the hearing, whichever is later.
F. REFUSAL TO WAIVE TIME LIMITATION
Whenever CSU rejects a request by a claimant for a waiver of the time limits
provided in 25 California Code of Regulations Section 6088, a claimant may file a
41
CHAPTER 8: GRIEVANCE PROCEDURES
written request for review of this decision in accordance with the procedures in
Sections D & E of the Grievance Procedures, except that such written request for
review shall be filed within 90 days of the claimant’s receipt of CSU’s
determination.
G. EXTENSION OF TIME LIMITS
CSU may extend the time limits specified in Section E for good cause.
H. RECOMMENDATIONS BY THIRD PARTY
Upon agreement between CSU and the claimant, a mutually acceptable third
party or parties may review the claim and make advisory recommendations
thereon to the president or his/her designee for final determination. In
reviewing the claim and making recommendations to CSU, the third party or
parties shall be guided by the Grievance Procedures. The claimant may choose
the designated authority at the CSU Chancellor’s Office to be the third party.
I. REVIEW OF FILES BY CLAIMANT
The claimant may inspect all files and records bearing upon his or her claim or
the prosecution of the claimant’s grievance, except when the confidentiality of
the material sought or its disclosure is protected or prohibited by law.
If a claimant is improperly denied access to any relevant material bearing on the
claim, such material may not be relied upon in reviewing the initial
determination.
J. EFFECT OF DETERMINATION
The principles established in all CSU determinations shall be considered as
precedent for all eligible persons in similar situations regardless of whether or
not a person has filed a written request for review. All written determinations
shall be kept on file and available for public review.
K. RIGHT TO COUNSEL
Any claimant has the right to be represented by an attorney at his or her
expense at any and all stages of the proceedings set forth in this Article.
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CHAPTER 8: GRIEVANCE PROCEDURES
L. STAY OF DISPLACEMENT PENDING REVIEW
If a complainant seeks to prevent displacement, CSU shall not require the
complainant to move until at least 20 days after it has made a determination
and the complainant has had an opportunity to seek judicial review. In all cases,
CSU shall notify the complainant in writing 20 days prior to the proposed date of
displacement.
M. JOINT COMPLAINANTS
Where more than one person is aggrieved by the failure of CSU to refer them to
comparable permanent or adequate temporary replacement housing, the
complainants may join in filing a single written request for review. A
determination shall be made as herein provided for each of the complainants.
N. JUDICIAL REVIEW
Nothing in this section shall in any way preclude or limit a claimant from seeking
judicial review of a claim upon exhaustion of such administrative remedies as
are available under these Rules and Regulations.
43
CHAPTER 9:
TERMINOLOGY!
Following are general relocation definitions used in accordance
with State Relocation Assistance Guidelines. There are other
definitions included in this chapter that are frequently used
when relocating displacees.
The understanding of definitions is important in the
administration of any relocation assistance project. Please read and familiarize
yourself with the use of the words and terms contained in this section as some
of the words and/or terms have been specially defined for CSU purposes.
Acquisition: Obtaining ownership or possession of property by lawful means.
Advisory Services: The Guidelines require that displaced persons and or
businesses be provided advisory services based on the displacee’s needs. These
services must be documented accordingly in the individual relocation file.
Advisory services should include:

Advising the displacee of his/her rights under state law.

How to obtain relocation assistance payments.

Required documentation.

Referrals to suitable housing.

For residential displacees, referrals to agencies providing the
following services: Social services, education, health, employment,
welfare, ADA, gang intervention, housing and other needed
services.

For business/farm displacees, referrals to the following: Small
business service, financial institutions, municipal services, vendors,
contractors, real estate brokers.

Other services that may be requested by displacees.
Business: The term business means any lawful activity, except a farm operation,
which is conducted:

Primarily for the purchase, sale, lease and/or rental of personal
and/or real property, and/or for the manufacture, processing,
44
CHAPTER 9: TERMINOLOGY!
and/or marketing of products, commodities, and/or any other
personal property; or

Primarily for the sale of services to the public; or

Primarily for outdoor advertising display purposes, when the display
must be moved as a result of the project; or

By a nonprofit organization that has established its nonprofit status
under applicable federal or state law.
Business Goodwill – Loss of Business Goodwill: California state law defines
goodwill as, “The benefits that accrue to a business as a result of its location,
reputation for dependability, skill or quality and any other circumstances
resulting in the probable retention of old or acquisition of new patronage.”
Fundamentally, goodwill includes all the elements of a business that cause
customers to return to that business. It can be thought of as the premium a
buyer would pay for a business over and above the value of its tangible assets
such as, but not limited to, cash, receivables, inventory, real estate and fixtures
and equipment.
California Relocation Assistance Law (CRAL): The California Relocation
Assistance Law (California Government Code Section 7260 et seq.) and the
Guidelines are statutes passed by the state legislature to govern relocation
activities.
Comparable Replacement Dwelling Unit: A dwelling which is:

Decent, safe and sanitary.

Functionally equivalent to the displacement dwelling. The term
"functionally equivalent" means that it performs the same function
and provides the same utility. While it 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, you may consider reasonable trade-offs for
specific features when the replacement unit is "equal to or better
than" the displacement dwelling.

Adequate in size to accommodate the occupants.
45
CHAPTER 9: TERMINOLOGY!

In an area not subject to unreasonable adverse environmental
conditions.

In a location generally not less desirable than the location of the
displaced person’s dwelling with respect to public utilities and
commercial and public facilities, and reasonably accessible to the
person’s place of employment.

On a site that is typical in size for residential development with
normal site improvements, including customary landscaping. The
site need not include special improvements such as outbuildings,
swimming pools, or greenhouses.

Currently available to the displaced person on the private market.
However, a comparable replacement dwelling for a person receiving
government housing assistance before displacement may reflect
similar government housing assistance.

Within the financial means of the displaced person.

If a person did not receive a government rental housing subsidy
before displacement, the comparable replacement dwelling must
be an unsubsidized unit available on the private market, unless the
person is willing to accept a unit with either project-based or
tenant-based assistance (if available). Acceptance of a government
subsidized unit will require that the household move into a unit
which meets the unit-size requirements of the subsidy program,
regardless of the size of the displacement unit.

A comparable replacement dwelling for a person receiving
government housing assistance before displacement may reflect
similar government housing assistance.
o A public housing unit may qualify as a comparable replacement
dwelling only for a person displaced from a public housing unit.
o 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 public housing unit.
o A privately owned dwelling made affordable by a tenant-based
housing subsidy (i.e., subsidy not tied to the building), such as a
Housing Choice Voucher (formerly Section 8 voucher), may
qualify as a comparable replacement dwelling for a person
46
CHAPTER 9: TERMINOLOGY!
receiving a similar subsidy before displacement or displaced
from a unit with a project-based subsidy or public housing.
o Section 8 housing choice vouchers should not be offered as a
comparable unit or as a substitute for cash replacement housing
payments in any case where the displacing agency cannot
provide referrals to decent, safe, and sanitary dwelling units
where the owner is willing to participate in the Section 8
program.

Within the financial means of the displaced person a replacement
dwelling is within the financial means of a displaced person if the
monthly housing cost (including payments for mortgage, insurance
and property taxes) or rental cost (including utilities and other
reasonable recurring expenses) minus any replacement housing
payment available to the person does not exceed thirty percent
(30%) of the person’s average monthly income. A replacement
dwelling is within the financial means of a displaced person also if
the purchase price of the dwelling including related increased
interest costs and other reasonable expenses does not exceed the
total of the amount of just compensation provided for the dwelling
acquired and the replacement housing payment available to the
person.
Contribute Materially: During the two taxable years prior to the taxable year in
which displacement occurs, or during such other period as the Agency
determines to be more equitable, a business or farm operation:

Had average annual gross receipts of at least $5000; or

Had average annual net earnings of at least $1000; or

Contributed at least 331⁄3 percent of the owner’s or operator’s
average annual gross income from all sources.

If the application of the above criteria creates an inequity or
hardship in any given case, the Agency may approve the use of
other criteria as determined appropriate.
Decent, Safe, and Sanitary Dwelling: The term decent, safe, and sanitary
dwelling means a dwelling which meets applicable housing and occupancy
codes. However, any of the following standards which are not met by an
applicable code shall apply unless waived for good cause by the state agency
funding the project. The dwelling shall:
47
CHAPTER 9: TERMINOLOGY!

Be structurally sound, weather tight and in good repair.

Contain a safe electrical wiring system adequate for lighting and
other devices.

Contain a heating system capable of sustaining a healthful
temperature (of approximately 70 degrees), except in those areas
where local climatic conditions do not require such a system.

Be adequate in size with respect to the number of rooms and area
of living space needed to accommodate the displaced person. There
shall be a separate, well lighted and ventilated bathroom that
provides privacy to the user and contains a sink, bathtub or shower
s tall, and a toilet, all in good working order and properly connected
to appropriate sources of water and to a sewage drainage system.
In the case of a housekeeping dwelling, there shall be a kitchen area
that contains a fully usable sink, properly connected to potable hot
and cold water and to a sewage drainage system, and adequate
space and utility service connections for a stove and refrigerator.

Contains unobstructed egress to safe, open space at ground level;
and

For a displaced person with a disability, be free of any barriers which
would preclude reasonable ingress, egress, or use of the dwelling by
such displaced person.
Displaced Person or Displacee: General. The term displaced person means any
person who moves from the real property, or who moves his or her personal
property from the real property (including a person who occupies the real
property prior to its acquisition, but who does not meet the length of occupancy
requirements of the Guidelines) as a direct result of either:

A written notice of intent to acquire, the initiation of negotiations
for, or the acquisition of, real property in whole or in part for a
project;

Rehabilitation or demolition for a project; or

A written notice of intent to acquire, or the acquisition,
rehabilitation or demolition of, in whole or in part, other real
property on which the person conducts a business or farm
operation, for a project. However, eligibility for such person under
this paragraph applies only for purposes of obtaining relocation
assistance advisory services and moving expenses;
48
CHAPTER 9: TERMINOLOGY!
Persons Not Displaced: The following is a nonexclusive listing of persons who do
not qualify as displaced persons under this part:

A person who moves before the initiation of negotiations, unless
the Agency determines that the person was displaced as a direct
result of the program or project;

A person who initially enters into occupancy of the property after
the date of its acquisition for the project;

A person who has occupied the property for the purpose of
obtaining assistance under the Guidelines;

A person who is not required to relocate permanently as a direct
result of a project. Such determination shall be made by CSU in
accordance with the Guidelines established by the state;

An owner-occupant who has placed property on the open market
without any inducement from the State;

A person whom CSU determines is not displaced as a direct result of
a partial acquisition;

A person who, after receiving a notice of displacement and
relocation eligibility, is notified in writing that he or she will not be
displaced for a project. Such written notification shall not be issued
unless the person has not moved and CSU agrees to reimburse the
person for any expenses incurred to satisfy any binding contractual
relocation obligations entered into after the effective date of the
notice of relocation eligibility;

A home owner occupant who conveys his or her property after
being informed in writing that if a mutually satisfactory agreement
on terms of the conveyance cannot be reached, CSU will not acquire
the property. In such cases, however, any resulting displacement of
a tenant is subject to the regulations;

A person who retains the right of use and occupancy of the real
property for life following its acquisition by CSU;

An owner who retains the right of use and occupancy of the real
property for a fixed term after its acquisition;

A person who is determined to be in unlawful occupancy prior to or
after the initiation of negotiations, or a person who has been
evicted for cause, under applicable law. However, advisory
49
CHAPTER 9: TERMINOLOGY!
assistance may be provided to unlawful occupants at the option of
CSU in order to facilitate the project.
Displaced Person – Additional Circumstances: The Guidelines include additional
circumstances that must be considered where applicable. Therefore, discuss all
displacement issues with university counsel so that these circumstances may be
considered.
Dwelling: The place of permanent or customary and usual abode of a person,
including a single family dwelling, a single-family unit in a two-family dwelling,
multi-family or a multipurpose dwelling.
Multipurpose Dwelling: A unit of a condominium or cooperative housing
project, a non-housekeeping unit, a mobile home, recreational vehicle as
described in Health and Safety Code Section 18010, or any other residential unit
which either is considered to be real property under state law or cannot be
moved without substantial damage or unreasonable cost. A residence need not
be decent, safe and sanitary to be a dwelling.
Second Home Dwelling: A second home shall be considered to be a dwelling
only for the purpose of establishing eligibility for payment for moving and
related expenses, neither for Rental Assistance Payment nor for Replacement
Housing Payment.
Dwelling Site: A land area that is typical in size for similar dwellings located in
the same neighborhood or rural area.
Economic Rent: The amount of rent a tenant or homeowner would have to pay
for a dwelling similar to the acquired dwelling in a comparable area.
Elderly Household: A household in which the head of household or spouse is 62
years or older.
Eviction: A legal action to gain possession of real property. In order to evict a
person from real property an unlawful detainer action must be filed in a court of
law. CSU will provide a copy of the court order and/or stipulation of judgment
to the Relocation Agent for a determination of continued eligibility for
relocation assistance.
Eviction for cause: Eviction for cause must conform to applicable state and local
law. Any person who occupies the real property and is not in unlawful
occupancy on the date of the Initiation of Negotiation (ION) is presumed to be
entitled to relocation payments and other assistance unless CSU determines
that:
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CHAPTER 9: TERMINOLOGY!

The person received an eviction notice prior to the ION and, as a
result of that notice, is later evicted; or

The person is evicted after the ION for serious or repeated violation
of material terms of the lease or occupancy agreement; and

In either case the eviction was not undertaken for the purpose of
evading the obligation to make available relocation payments and
other assistance.
Family: Two or more individuals who by blood, marriage, adoption, or mutual
consent live together as a family unit.
Farm Operation: Any activity conducted solely or primarily for the production of
one or more agricultural products or commodities, including timber, for sale or
home use, and customarily producing such products or commodities in
sufficient quantity to be capable of contributing materially to the operator's
support.
Fixed Income: A set amount of income received per month, typically from a
public source.
General Information Notice (GIN): Informs occupants of a possible project and
of their rights under the Guidelines and stresses that the household should not
move at this time.
Grantee: Public entity receiving public funds to acquire, rehabilitate, and or
relocate.
Gross Income: The term "gross income" is the total annual income of an
individual, or where a family is displaced, total annual income of the parents or
adult heads of household, less the following:

A deduction of $500 for each dependent in excess of three.

A deduction of ten percent (10%) of total income for an elderly or
handicapped household.

A deduction for recurring, extraordinary medical expenses, defined
for this purpose to mean medical expenses in excess of three
percent (3%) of total income, where not compensated for or
covered by insurance or other sources such as public assistance or
tort recovery.

A deduction of reasonable amounts paid for the care of children
(the CSU has determined that $125.00 per week for the first child
and $85.00 per week for each additional child is deemed reasonable
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CHAPTER 9: TERMINOLOGY!
for child care expenses), or sick or incapacitated family members,
when it is determined to be necessary for employment of the head
of household or spouse. Except, the amount deducted shall not
exceed the amount of income received by the income earning
person.
Gross income is divided by twelve to ascertain the average monthly
income. Relocation and property acquisition payments are not to be
considered as income for determination of financial means.
Guidelines: Title 25, California Code of Regulations, Chapter 5, Article 1, Section
6000 et seq. Established to assist public entities in the development of
regulations and procedures implementing the California Relocation Assistance
Law, the Act (Section 7260 of the Government Code). They are intended for the
benefit of displaced persons, to ensure that such persons receive “fair and
equitable treatment and do not suffer disproportionate injuries as a result of
programs designed for the benefit of the public as a whole.”
Handicapped Household: A household in which any member is handicapped or
disabled.
Household Income: Total gross income received for a 12 month period from all
sources (earned and unearned) including, but not limited to wages, salary, child
support, alimony, unemployment benefits, workers compensation, social
security, or the net income from a business. Income received or earned by
dependent children and full time students less than 18 years of age is not
included.
Initiation of Negotiations (ION): The initial written offer made by CSU to the
owner of real property to be purchased or the owner’s representative.

Initiation of Negotiations (ION) date serves as a milestone in
determining a person’s eligibility for relocation assistance, including
moving costs and a replacement housing payment. The ION is not a
triggering factor for businesses as long as the business was in
occupancy at the time of displacement.

The ION date is the trigger for issuance of the Notice of Eligibility for
Relocation Assistance or Notice of Nondisplacement. After ION, any
applicant who seeks to rent in the project must be issued a Move-In
Notice before executing a lease; otherwise the project will incur
liability for relocation costs if the applicants are found to be eligible
as displaced persons.
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CHAPTER 9: TERMINOLOGY!
Low Income: The terms “low income” and “lower income person” or “low-and
moderate-income person” or a “low income person” according to HUD
activities, include person(s) having an income equal to or less than the Section 8
Low-Income limit established by HUD. Generally, this means a family or
individual whose annual income does not exceed 80 percent of the median
income for the area, as determined by HUD, with adjustments for smaller or
larger
families.
Income
limits
can
be
found
at:
www.fhwa.dot.gov/realestae/unlic.htm or at www.HUD.gov/relocation.
Ninety (90)-Day and Sixty (60)-day Vacate Notices: Informs displaced persons
of the day by which they must vacate the property. Note that displaced persons
may not normally be given less than 90 days to vacate their residence.
Notice of Displacement and Eligibility: Informs households to be displaced of
their rights and levels of relocation assistance under the Guidelines.
Notice of Non-displacement: A notice provided to persons who will not be
permanently displaced for a state-assisted project. Such persons may, however,
be required to move to another unit within the project or relocate temporarily
while the property is rehabilitated (terms of the move must be reasonable and
costs for the move must be covered by the project). This notice adequately
informs those persons within the project who will not be permanently displaced
but who may be impacted as a result of the project. A person who will not be
displaced by the project may choose to leave the project site; however, they are
presumed to be ineligible for relocation payments if an accurate and timely
Notice of Non-displacement was provided before they chose to move.
Ownership: Holding any of the following interests in a dwelling or a contract to
purchase one of the first six interests:

Fee title.

A life estate.

A 50-year lease.

A lease with at least 20 years to run from the date of acquisition of
the property.

A proprietary interest in a cooperative housing project which
includes the right to occupy a dwelling.

A Proprietary interest in a mobile home.

A lease interest with an option to purchase.
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CHAPTER 9: TERMINOLOGY!
In the case of a person who has succeeded to any of the foregoing
interests by devise, bequest, inheritance or operation of law; the tenure
of ownership, but not occupancy, of the succeeding owner shall include
the tenure of the preceding owner.
Permanent Relocation: Permanent relocation occurs when a person becomes
displaced, i.e. must move permanently from their home or place of business.
Person: Any individual, family, partnership, corporation, limited liability
corporation or association.
Project: An activity or series of activities that are integrally related, each
essential to the others, whether or not all the component activities receive
public financial assistance.
Property Acquisition Agreement (PAA): An agreement to acquire property by
the CSU.
Public Entity: Includes the state, the Regents of the University of California, a
county, city, city and county, district, public authority, public agency, and any
other political subdivision or public corporation, or their agents, e.g.
foundations, in California, when acquiring any interest in real property, or
ordering that acquired property be vacated, in any city or county for public use.
Public Use: A use for which property may be acquired by eminent domain.
Replacement Unit: The unit to which the household actually moves.
Referral Unit: Other appropriate (but not necessarily comparable) housing,
which is suggested to the household as part of advisory services.
Salvage Value: The probable sale price of an item offered for sale to
knowledgeable buyers with the requirement that it be removed from the
property at a buyer's expense (i.e., not eligible for relocation assistance). This
includes items for re-use as well as items with components that can be re-used
or recycled when there is no reasonable prospect for sale except on this basis.
Small Business: A small business is a business having not more than 500
employees working at the site being acquired or displaced by a program or
project, which site is the location of economic activity. Sites occupied solely by
outdoor advertising signs, displays, or devices do not qualify as a business.
State: The State of California or a political subdivision of the state.
Temporary Relocation: Temporary relocation occurs when rehabilitation work is
sufficiently disruptive that tenants or homeowners must vacate the premises for
a short period of time, typically 12 months or less.
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CHAPTER 9: TERMINOLOGY!
Tenant: The term tenant means a person who has the temporary use and
occupancy of real property owned by another.
Unlawful Occupant: A person who occupies without property right, title or
payment of rent or a person legally evicted, with no legal rights to occupy a
property under State or local law. CSU, at its discretion, may consider such
person to be in lawful occupancy.
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