Policy 7-2 RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN


Prior to the adoption of CP 7-2 on 10/14/2008, Policy 7-2 read as follows.

DISTRIBUTION    :    Mayor and City Council
All Departments

SUBJECT:            Displacement Activities and Relocation Assistance

PURPOSE:    To provide a policy for minimizing the displacement of businesses, families and individuals as a result of CDBG and HOME funded activities and to define the eligibility for relocation assistance in specific activities.

BACKGROUND:    The City of Lawton has implemented certain activities funded wholly or in part by Community Development Block Grant and HOME Investment Partnership (HOME) monies.  At times the activities have made it necessary businesses, families and individuals to move from their businesses or residences.  Such moves when they are permanent are called “displacement.” When such a displacement occurs, CDBG and HOME funds must be used to pay for “relocation” assistance to the displaced business, family or individual.  Relocation assistance can add substantially to the cost of CDBG and HOME activities.  The basic policy of the city is that programs and projects utilizing CDBG and HOME funds will be undertaken in such a manner so as to minimize the displacement of businesses, families and individuals.  Therefore, relocation assistance will not be provided in CDBG and HOME activities.  Procedures will be established to ensure that participating applicants are informed that no relocation payments will be made.  The applicants will be required to sign a waiver of eligibility for reloaction payments as a prerequisite for participation.

POLICY/
PROCEDURES:    To avoid any misconception on the part of businesses, applicants or beneficiaries of CDBG funded activities, a procedure, which ensures that the displacement and relocation are to, as well as accepted by any eligible program applicant is established and will be strictly adhered to.

    In those instances where displacement of families and individuals is necessary the City will take the following action:
          1. Initially attempt to relocate person to similar living units within the project in which they live, if such units are available and will not be affected by the CDBG activity.
          2. If the above action is not feasible, then insure that the persons are aware of their rights in the area of equal opportunity in housing and in the case of renters, their rights under the Oklahoma “Residential Landlord/Tenant Act.”  This can be done by furnishing the persons pamphlets available from the Lawton Board of Realtors that are on hand at the Community Development Department.
          3. Assist the person in their search for available housing by informing the persons that the following agencies have information regarding the availability of living units in their price range.
            1. Members of Multiple Listing Service, Lawton Board of Realtors.
            2. Fort Sill Family Housing Division (if person in military.)
            3. Lawton Public Housing Authority
            4. Inform all persons that suitable housing may also be found through the classified advertisement section of the Lawton newspaper.
          4. Assist the persons with relocation support as outlined in the particular Federal/State/Local Program in which the displacement is being required.
          5. It will be the policy of the City that there will be total non discrimination in providing information, counseling, referrals, or other relocation services to persons displaced by CDBG activities.

          1. When it is necessary to displace a person, the property owner and the City will certify that such displacement is necessary due to the scope of the work involved and not due to the displaced persons’ particular race, color, religion, sex, age, handicap, or national origin.

    In those instances where displacement of a business by Community     Development activities is a possibility all efforts to avoid displacement, including re-design of public infrastructure, will be     explored.  If it appears a displacement cannot be avoided, the     project must be canceled and no federal funds used to carry out the     proposed activity.



REFERENCES:    Uniform Relocation Assistance and Real Property Acquisitions Policy Act of 1970, as amended; Uniform Relocation Assistance             and Real Property Acquisition Regulations for Federal and                 Federally Assisted Programs (49 CFR Part 24).

EFFECTIVE DATE/
RESCISSION:    This policy becomes effective June 9, 1998 and rescinds Council Policies 25 and 35 dated October 28, 1980 and shall remain in effect until rescinded or changed by the City Council.

RESPONSIBLE
DEPARTMENT    :    Housing and Community Development Department




Cecil E. Powell
Mayor
June 9, 1998