HomeMy WebLinkAboutR-89-0529J-89-520
05/22/89
RESOLUTION NO. S9-529
A RESOLUTION, WITH ATTACHMENTS
AUTHORIZING THE CITY MANAGER TO ADOPT
AN ANTIDISPLACEMENT AND RELOCATION
ASSISTANCE PLAN IN SUBSTANTIALLY THE
ATTACHED FORM, FOR THE PURPOSE OF
ASSISTING LOW/MODERATE INCOME
INDIVIDUALS AFFECTED WHEN COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDED
ACTIVITIES RESULT IN THE DEMOLITION OR
CONVERSION OF NON DECLARED UNSAFE
OCCUPIED AND VACANT OCCUPIABLE
LOW/MODERATE INCOME DWELLING UNITS.
WHEREAS, the City of Miami is an entitlement community
receiving Community Development Block Grant (CDBG) funds from the
U.S. Department of Housing and Urban Development; and
WHEREAS, the U.S. Department of Housing and Urban
Development (HUD) has established a rule that sets forth
relocation, displacement and replacement housing policies and
requirements applicable to the Community Development Block Grant
Program; and
WHEREAS, the City of Miami is required to develop and adopt
an Antidisplacement and Relocation Assistance Plan to comply with
the new HUD ruling; and
WHEREAS, the Plan is designed to assist the low/moderate
income dwelling units;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to adopt
an Antidisplacement and Relocation Assistance Plan in
substantially the form attached, for the purpose of assisting
low/moderate income individuals affected when Community
Development Block Grant funded activities result in the
demolition or conversion of non declared unsafe occupied and
vacant occupiable low/moderate income dwelling units.
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Section 2. This Resolution shall become effective
immediately upon its adoption pursuant to law.
PASSED AND ADOPTED this 7th day of
June , 1989.
COMMUNITY DEVE.LQPMENT REVIEW AND APPROVAL:
DEPARTMENT OF COMMUNITY DEVELOPMENT
PREPARED AND APPROVED BY:
CHIEF DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
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CI Y ATTORNEY
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ATTACMIT I
CITY OF MIAMI
Residential Anti.displacement and Relocation Assistance Plan
Under Section 104(d) of the Housing and Community Development Act
of 1974, as Amended.
The City of Miami will replace all non declared unsafe occupied
and vacant occupiable low/moderate-income dwelling units
demolished or converted to a use other than as low/moderate-
income housing as a direct result of activities assisted with
funds provided under the Housing and Community Development Act of
1974, as amended.
All replacement housing will be provided within three years of
the commencement of the demolition or rehabilitation relating to
conversion. Before obligating or expending funds that will
directly result in such demolition or conversion, the City will
make public and submit to the HUD Field Office the following in
writing:
1. A description of the proposed assisted activity:
2. The general ,locatign on a map and approximate number of
dwelling units by size (number of bedrooms) that will be
demolished or converted to a use other than as low/moderate-
income dwelling units a§ a direct result of the assisted
activity;
3. A time schedule for the commencement and completion of the
demolition or conversion;
4. The general location on a map and approximate number of
dwelling units by size (number of bedrooms) that will be
provided as replacement dwelling units;
5. The source of funding and a time schedule for the provision
of replacement dwelling units; and
6. The basis for concluding that each replacement dwelling unit
will remain a low/moderate-income dwelling unit for at least
10 years from the date of initial occupancy.
The City will provide relocation assistance, to each
low/moderate-income household displaced by the demolition of
housing or by the conversion of a low/moderate-income dwelling to
another use as a direct result of assisted activities.
Consistent with the City goals and objectives assisted under the
Act, the City will take the following steps to minimize the
displacement of persons from their homes:
1. The City will provide for either payment for actual
reasonable moving and related expenses such as:
(a)
Transportation of the displaced person and personal
property. Transportation costs for a distance beyond
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50 miles are not eligible, unless the Agency determines
that relocation beyond 50 miles is Justified.
(b) Packing, crating, unpacking, and uncrattng of the
personal property.
(c) Disconnecting, dismantling,, removing, reassembling,
and reinstalling relocated household appliances, and
other personal property.
(d) Storage of the personal property for a period not to
exceed 12 months, unless the Agency determines that a
longer period is necessary.
(e) Insurance for the replacement value of the property In
connection with the move and necessary storage.
(f) The replacement value of property lost, stolen, or
damaged in the process of moving (not through the fault
or negligence of the displaced person, his or her
agent, or employee) where insurance covering such loss,
theft, or damage is not reasonable available.
(g) Other moving related expenses that are not listed as
ineligible and that the City determines to be
reasonable and necessary.
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Or provide a fixed payment for moving expenses that consist
of:
(a) A moving expense allowance not to exceed $300 which
shall be determined in accordance with the applicable
moving allowance schedule approved by the Federal
Highway Administration; and
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(b) A dislocation allowance of $200.
2. Provide advisory services to eligible persons as may
be
necessary or appropriate in order to:
(a) Determine the relocation needs and preferences of each
person to be displaced and explain the relocation
payments and other assistance for which the person
may
be eligible, the related eligibility requirements,
and
the procedures for obtaining such assistance. This
shall include a personal interview with each person.
(b) Provide current and continuing information on
the
availability, purchase prices, and rental costs
of
comparable replacement dwellings, and explain that
the
person cannot be required to move unless at least
one
comparable replacement dwelling is made available.
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(n (c) Provide current and continuing Information on the
L availability, purchase prices, and rental costs of
comparable and suitable commercial and farm properties
and locations. Assist any person displaced from a
•; business or farm operation to obtain and become
established In a suitable replacement location.
(d) Minimize hardships to persons In adjusting to
relocation by providing counseling, advice as to other
sources of assistance that may be available , and such
other help as may be appropriate.
(e) Supply persons to be displaced with appropriate
information concerning Federal and State housing
programs, disaster loans and other programs
administered by the Small Business Administration, and
other Federal and State programs offering assistance to
persons to be displaced.
3 Reimbursement for reasonable and necessary security
deposit and credit checks.
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�'. Replacement hoysi.ng assistance.
0 A person choosing to rent must be offered either
(i) a Section 8 housing voucher/certi.ficate
(through the housing authority) and referrals to
comparable replacement dwelling units where the
owner agrees to participate in the Section 8
Program or (10 cash rental assistance to reduce
the rent and utility costs to 30% of his/her
income for a 5-year period and appropriate
referrals to comparable replacement dwelling
units.
0 A person buying an interest in and occupying a
unit in a housing cooperative or mutual housing
association may elect to receive a lump sum
payment equal to the present value of the rental
assistance installments.
NOTE: A person may elect Uniform Relocation Act
assistance in lieu of the relocation assistance.
89-529
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members
of the CityCommission MAY 3 0 1989
TO : DATE : FILE : z
FROM: Cesar H. Odio
City Manager
RECOMMENDATION:
Resolution adopting the
SUBJECT : C i ty of Miami's Anti -
displacement and Reloca-
tion Assistance Plan as
required by .the U.S. De-
REFERENCEspartment of Housing and
Urban Development
ENCLOSURES :RE: cit Ccmmission Meeting
of June 7, 1989
It is respectfully recommended that the City Commission approve
the attached resolution formally adopting an Antidisplacement and
Relocation Assistance Plan as City policy to be implemented when
Community Development Block Grant (CDBG) funds are used to
demolish or convert, non declared unsafe occupied and vacant
low/moderate income, dwelling units to other use.
BACKGROUND:
The Department of Community Development has analyzed the need to
adopt an Antidisplacement and Relocation Assistance Plan designed
to assist low/moderate income persons affected by the demolition
or conversion of residential units and to ensure the replacement
and availability of the same number of units.
The need for an Antidisplacement and Relocation Assistance Plan,
is a result of a new rule by the U.S. Department of Housing and
Urban Development (HUD). Specifically, it is a requirement of
all grantees receiving Community Development Block Grant Funds.
The Plan is required even if the City does not anticipate a CDBG
funded activity which may result in the demolition or conversion
of low/moderate income dwelling units or the displacement of
individuals. HUD is prohibited from awarding any CDBG grants
from funds appropriated in Fiscal Year 1989 unless the
entitlement community has adopted, made public and certified to
the Plan. _
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Honorable Mayor and Members
of the City Commission
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In the event that the Plan may need to be implemented, the City
would have to either establish a Relocation Assistance Office or
Unit, or identify and appoint a Relocation Officer to coordinate
part of the services to be provided. The Plan would be
implemented and monitored by the City's Housing Conservation and
Development Agency.
Attachment:
Resolution
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