Reso 16399 - Laserfiche WebLink

Browse Search

Relocation Assistance Program Summary This information statement is provided as courtesy by the City of Redwood City as a summary of its Relocation Assistance Program. If any discrepancies exist between this and applicable laws and regulations, those laws and regulations shall prevail. Page 10 5.4 Eviction Policy. Should an occupant be evicted for failure to meet any tenant obligations or for violating the terms and conditions of their lease or rent agreement, then under the applicable relocation law, the evicted tenant(s) will not be considered a "displaced person" and, therefore, will not be eligible for relocation benefits. 5.5 Relocation Payments are Not Considered Income. 49 CFR 24 states that no relocation payment received by a displaced person shall be considered as income for the purpose of the Internal Revenue Code of 1986 (Title 26, U. S. Code), or for the purpose of determining the eligibility or the extent of eligibility of any person for assistance under the Social Security Act (42 U. S. Code 301 et seq.) or any other federal law, except for any federal law providing low-income housing assistance. Occupants should always consult their tax advisor for current tax information. 5.6 This is not a notice to vacate. No eligible occupant in legal occupancy will be required to move without at least 90-days advance written notice of the date by which they must vacate. 5.7 Current Rental Agreement. It is important that each tenant continues to pay rent to their current landlord. If the City takes possession of the property, the tenant will be required to pay rent. Failure to pay rent can result in a deduction from payments owed to the occupant and/or eviction. If an occupant receives a Notice to Vacate and the City is required to take legal action to move the entity from the property, they will seek rent and damages. 5.8 Loss of Business Goodwill Information. A business, farm or non-profit organization may be eligible to claim a loss of business goodwill. California law provides that under the circumstances detailed below, a business owner may be compensated for a loss of goodwill. Section 1263.510 of the California Civil Code of Procedure states: (a)The owner of a business conducted on the property taken, or on the remainder if such property is part of a larger parcel, shall be compensated for loss of goodwill if the owner proves all of the following: 1.The loss is caused by the taking of the property or the injury to the remainder. 2.The loss cannot reasonably be prevented by relocation of the business or by taking steps and adopting procedures that a reasonably prudent person would take and adopt in preserving the goodwill. 3.Compensation for the loss will not be included in payments under Section 7262 of the Government Code.* *Section 7262 of the Government Code refers to compensation to displaced persons for moving and related expenses as a part of the cost of the acquisition of real property for a public use. Compensation for the loss of goodwill under Section 1263.510 of the California Civil Code of Procedure will only be made to the extent such loss is not compensated for under Section 7262. 4.Compensation for the loss will not be duplicated in the compensation otherwise awarded to the owner. (b) Within the meaning of this article, "goodwill" consists of 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 probable retention of old or acquisition of new patronage. Any entitlement is contingent upon the business owner’s ability to prove such loss in accordance with the provisions of the California Code of Civil Procedure. Appendix B to Relocation Impact Memorandum ATTY/RESO.0015/CC RESO APPROVING THE RELOCATION IMPACT MEMORANDUM FOR THE 84/101 REIMAGINED PROJECT - EXHIBIT A REV: 04-20-26 VR Page 18 of 34