83-17333 RESOLUTION NUMBER 83-17333
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND
ADOPTING A RELOCATION POLICY TO BE
APPLICABLE TO THE CITY'S COMMUNITY
DEVELOPMENT FUNDED MULTI-UNIT RESIDENTIAL
REHABILITATION PROGRAM AND/OR RENTAL
REHABILITATION PROGRAM DEMONSTRATION.
WHEREAS, the City of Miami Beach approved the Multi-Unit
Residential Rehabilitation Program on March 18, 1981 by Resolution
Number 81-16603; and
WHEREAS, the City Commission approved the requirements for
implementation of HUD's Rental Rehabilitation Program Demonstration on
October 6, 1982 by Resolution Number 82-17142; and
WHEREAS, an essential precept of both programs is to rehabilitate
rental properties at a reasonable cost with minimum involuntary
displacement of tenants; and
WHEREAS, a tenant assistance strategy or relocation policy is
required by federal regulations; and
WHEREAS, the City Commission deems it to be in the best interest
of tenants affected by rehabilitation activities that the Relocation Policy
be adopted;
NOW, THEREFORE be it duly resolved by the City Commission of the City
of Miami Beach, Florida, that the Policies for Relocation Payments and
Assistance of Tenants Under CDBG Rehabilitation Programs are hereby
approved and adopted.
PASSED AND ADOPTED this 4th day of May, 1983.
MAYOR
ATTEST:
,!ice-;,_p
CITY CLERK
GAK:JEF:an F c.; ' ° {` 1)
4/ 2 �3
•
•
CITY OF MIAMI BEACH POLICIES FOR RELOCATION PAYMENTS
AND ASSISTANCE OF TENANTS UNDER THE REHABILITATION PROGRAMS
I. PURPOSE
The purpose of this document is to provide a policy statement outlining relocation
payments and assistance available to residents that may be either temporarily
relocated or permanently displaced as a result of rehabilitation of a building under the
City's Community Development funded Multi-Unit Residential Rehabilitation Program
and/or Rental Rehabilitation Program Demonstration, activities not subject to the
Uniform Relocation Assistance and Real Property Acquisition Act of 1970.
2. ACTIVITY COVERED UNDER PLAN
The following activity is covered under this plan:
Residential rehabilitation, whenever CDBG funds are paid to a private lending
institution and a borrower as an interest subsidy payment for rehabilitation of a multi-
unit building, and when it has been determined by the City that rehabilitation cannot
be reasonably undertaken without necessitating the temporary relocation or permanent
displacement of residential tenants.
3. TYPES OF TENANTS COVERED UNDER PLAN (ELIGIBILITY)
The following types of residential tenants are eligible for assistance under this plan:
A. Residential Tenants Who Occupy Residential Living Units - Tenants who
have occupied a residential living unit for a continuous period of at
least 60 days prior to the date that the owner or buyer receives an
acceptable written funding commitments, from a participating lending
institution, to carry out the rehabilitation work under the City's
rehabilitation programs; and
B. Residential Tenants Who Occupy Non-Residential Units On An Annual
Basis - Tenants who have occupied a non-residential unit for a
continuous period of at least 60 days of a yearly lease prior to the date
that the owner or buyer receives an acceptable written funding
commitment from a participating lending institution. The rental must
be evidenced by a current executed lease between the owner and the
tenant which will be in effect during the scheduled rehabilitation
period. Exception: An eligible residential tenant who can show proof,
through rental receipts or other documents, of having occupied a non-
residential unit for a continuous period of at least 12 months of a year's
lease prior to the lender's commitment to carry out the rehabilitation
work will be considered a residential tenant covered under this plan.
(See definitions for non-residential unit).
4. PERSONS OR OTHER ENTITIES NOT COVERED UNDER PLAN
A. Owner-Occupants - The policies in this plan do not apply with respect
to owner-occupants. Owner-occupants who enter into rehabilitation
activities are assumed to be acting voluntarily in their best interest,
and are not eligible for relocation payments or assistance under this
plan.
B. Tenant Businesses or Non-Profit Organizations Which Rehabilitate
and/or Lease Premises - Tenant businesses or non-profit organizations
which lease and/or occupy a building, or any portion thereof, intended
to be rehabilitated, are not eligible for relocation payments or
assistance.
C. Business Concerns and Other Entities Not Specifically Set Forth In This
Plan - Business concerns and other entities not specifically set forth in
this plan, are not eligible for relocation payments or assistance.
D. Tenants Who Waive Rights To Relocation Payments or Assistance - A
fully informed tenant may waive relocation assistance by filing a duly
executed waiver with the Community Development Division of the City
of Miami Beach. A fully informed tenant may also waive (his)
1
•
(her) rights to relocation payments and assistance by:
i) Refusing to file a claim for such payments within the
time period allowed; or
ii) moving from the tenant's present place of residence
without notifying the Community Development Division;
provided, the tenant has received notice from the City
advising the tenant not to move without notifying the
City.
E. Residential Tenants, Transients, or Tourists Who Occupy Non-Residen-
tial Units On Less Than An Annual Basis - They are not eligible for
relocation payments. Such persons, however, will receive appropriate
advisory services necessary to minimize hardships in adjusting to the
required permanent or temporary relocation.
F. Residential Tenants Who Are Evicted For Cause - The only acceptable
circumstances under the City's rehabilitation programs where a person
may be evicted for cause are:
i) The failure to pay rent, unless the failure to pay is based
upon the owner's failure to keep the premises in habitable
condition; or
ii) maintenance of a nuisance or use of the premises for illegal
purposes; or
iii) a material breach of the rental agreement; or
iv) the eviction is required by State or Local law and beyond the
control of the local government.
S. DEFINITIONS
A. Permanent Displacement - It occurs when a tenant moves from his/her
present place of occupancy in a building scheduled for residential
rehabilitation activities, and takes occupancy in a building unrelated to
the building under rehabilitation and not belonging to the rehabilitation
applicant. In addition, there must be no apparent intention on the
tenant's part to re-occupy his/her former place of occupancy.
B. Temporary Relocation - Temporary relocation occurs when a tenant,
with proper notice to and with the knowledge of the owner and the
City, voluntarily moves to and occupies another unit in a building
unrelated to the building under rehabilitation and not belonging to the
rehabilitation applicant, until work on the tenant's unit is completed
and the tenant can return to the building.
Temporary relocation does not occur when:
A residential tenant temporarily moves to another unit in the same
building or group of buildings encompassing the rehabilitated project, or
to other buildings owned by the same owner in the immediate neighbor-
hood of the rehabilitated building when the owner provides the tenant
with safe, decent and sanitary housing, at no increased rental, utility,
moving costs or reasonable out-of-pocket moving expenses during the
relocation period. Such a move may not exceed a period of 6 months.
(If the temporary period will exceed 6 months, the tenant may ask th'
City to provide displacement assistance and the City will consider the
request).
C. Residential Tenant - A tenant who maintains a single housekeeping unit
regardless of the number of people in the household. A single person
can qualify as a household under this definition.
D. Non-Residential Unit - A non-residential unit:
1) Lacks complete living, sleeping and eating facilities within
the unit, i.e. a stationary stove with at least two top burners,
refrigerator and a kitchen sink; and/or
2
•
•
ii) does not contain complete bathroom facilities in a separate
enclosed room accessible to, and available for the exclusive
use of the occupants of that unit only; and/or
iii) substantially fails to meet the definition and requirements
for a dwelling unit under the City's Minimum Housing
Ordinance including floor area requirements; and
iv) is occupied on less than an annual basis.
6. SCHEDULE OF BENEFITS (RELOCATION PAYMENTS AND ASSISTANCE)
There are two schedules of benefits available to residential tenants covered under this
plan. Schedule A applies to residential tenants who earn less than 80 percent of the
median income of the community. Schedule B applies to residential tenants who earn
more than 80 percent of the median income. Both schedules are attached to this plan
as appendices.
7. GENERAL PROVISIONS APPLYING TO ALL RESIDENTIAL TENANTS COVERED
UNDER PLAN
A. Procedures For Implementing Plan: The Community Development
Division of the City of Miami Beach shall be responsible for developing
and overseeing the implementation of this plan. It will issue all
required notices, make relocation payments available to tenants and
make referrals for required services.
B. Timely Information: The tenant shall be contacted personally and in
writing, and provided information that fully explains the reason for the
displacement and the relocation assistance available to him/her.
C. Advisory Services: The tenant shall be provided appropriate advisory
services necessary to minimize hardships in adjusting to the relocation.
D. Advance Notice: Unless there is an urgent need for the property (e.g.,
substantial danger to health or safety) or the tenant is evicted for
cause, the tenant shall be given at least 30 days advance notice in
writing of the earliest date by which he/she must permanently vacate
the property. Such notice shall be accompanied by appropriate
referrals to a comparable replacement dwelling.
E. Definition of a Comparable Replacement Dwelling: A comparable
replacement dwelling shall be:
i) Decent, safe and sanitary housing in conformity with local
codes and HUD's housing quality standards.
ii) Available at a monthly housing cost (rent and utilities) that
does not exceed 30 percent of the gross income of all
members of the tenant's household who are 18 years of age or
older.
iii) In an area that is not subject to unreasonable adverse
environmental conditions; is not generally less desirable than
the location of the displaced person's dwelling with respect to
public utilities, commercial and public facilities; and is
reasonably accessible to the person's place of employment (or
to sources of employment, if the person is unemployed, but
seeking work).
iv) Functionally equivalent to and substantially the same as the
vacated unit with respect to the number of rooms, area of
living space and amenities.
F. Grievance Procedure: Grievance Procedures will be developed and
followed by the City's Community Development Division for any griev-
ances regarding adequate replacement housing and eligibility, or the
amount of payments to claimants.
3
•
•
G. Automatic Eligibility for Relocation Assistance: If Block Grant funds
are released for a project, and any of the commitments to a tenant
under the preceding sections are not met, the tenant shall automatical-
ly be eligible for the full amount of relocation payments and other
relocation assstance that is available to displaced tenants under this
plan. The City shall immediately acknowledge this right by issuing the
tenant a written notice. If the City does not issue the written notice,
the tenant must file an appeal with the City within three (3) months
after his permanent move from the property.
H. Payment by City Final: Once a relocation payment has been paid to a
displaced tenant in accordance with this plan (subject to the tenant's
right to appeal the amount of the payment), that tenant will not be
entitled to any further relocation payments.
I. Unique Displaced Tenant Situations: Such situations will be determined
by the Community Development Division staff based on the general
intent of the Uniform Relocation Act.
1/14/83
4
SCHEDULE A
REQUIREMENTS FOR PROTECTION OF RESIDENTIAL TENANTS
WHO EARN LESS THAN 80% OF THE MEDIAN INCOME
1. PERSONS COVERED UNDER PLAN
These requirements (Schedule A) apply only to eligible residential tenants who earn
less than 80 percent of the median income of the City of Miami Beach, and who may
be either permanently displaced or temporarily relocated as a direct result of the
activity covered under this plan.
2. RESIDENTIAL TENANTS PERMANENTLY DISPLACED
Each residential tenant who earns less than 80 percent of the median income of the
community, and who is required to permanently move as a direct result of a project
assisted under the City's rehabilitation program, shall be entitled to assistance in
accordance with the following policies:
A. Moving Expenses. The tenant shall be reimbursed for the reasonable
cost of his/her moving and related expenses. The tenant will have
the option of selecting a flat $250.00 payment for an unfurnished unit
and $1755 for a furnished unit, or a payment based on actual
documented moving expenses incurred and paid, or obligated to, a
licensed moving company. There is no limitation on the amount of
actual (documented) moving expenses. However, if the moving costs
exceed $500.00 the tenant must receive competitive estimates from
at least three professional licensed moving companies, with the
contract let to the lowest estimating company, and with prior
approval of the CD Division.
B. Replacement Housing Assistance. No tenant earning less than 80
percent of median income shall be required to move unless he/she has
been given a reasonable choice of opportunities to lease and move to
a comparable replacement dwelling.
(1) Section 8 Assistance. Where possible, eligible tenants will
be offered a Section 8 Existing Housing Certificate of
Family Participation. The Certificate will reduce the
monthly housing cost (rent and utilities) to these tenants
to 30 percent of their adjusted income. Accordingly,
those who receive a Certificate and a reasonable choice
of opportunities to move to a comparable replacement
dwelling that is available from an owner willing to
participate in the program, will not be entitled to a cash
replacement housing payment. (see (2) below)
(2) Cash Assistance. Tenants who do not receive Section 8
assistance and cannot afford comparable replacement
housing (within 30 percent of gross income), shall be
entitled to a lump sum payment computed in the following
manner: (The payment may be used to rent or buy a
replacement dwelling.)
(i) Monthly rent plus utility costs at actual
replacement dwelling (or amount at available,
comparable replacement dwelling, if less
costly)
(ii) Thirty (30) percent of monthly gross income of
all members of the tenant household who are
18 years or older
(iii) Line (1) minus line (2)
(iv) Twenty-four (24) times amount on Line 3, or
$2,000, whichever is less
5
•
3. RESIDENTIAL TENANTS NOT REQUIRED TO PERMANENTLY RELOCATE
Any residential tenant with a gross income less than 80 percent of the median income
who is not required to move permanently in order to carry out rehabilitation of the
building will be given an opportunity to remain in the building following rehabilitation
with the following exceptions:
- a tenant that is evicted for cause and,
- a tenant that cannot remain in the building because an appropriate
sized unit for the family composition will not be available for the
tenant following rehabilitation.
The tenant may remain in occupancy by one of the following methods:
A. If the tenant is eligible for a Section 8 Existing Housing Certificate
and the assistance is available, the tenant may be issued a
Certificate of Family Participation and may continue in occupancy
subject to the conditions of that program. If the tenant accepts the
Certificate and makes arrangements with the owner to continue in
occupancy following rehabilitation, the tenant will not be entitled to
any other relocation payments under this plan unless the tenant must
temporarily relocate during the construction period.
B. If the tenant is not eligible for a Section 8 Certificate, or refuses the
Section 8 assistance or the assistance is not available, and the tenant
wishes to remain in occupancy following rehabilitation of the
building, the tenant is responsible for negotiating with the owner the
rental cost for the rehabilitated unit.
However, if the tenant is not allowed to continue in occupancy for
any reason except cause, or the tenant voluntarily decides not to
continue in occupancy, the tenant may be considered a residential
tenant to be permanently relocated (displaced) and be eligible for the
relocation payments and assistance as described in the earlier section
of this schedule.
C. Temporary Relocation Housing. If temporary relocation is required
in order to carry out the rehabilitation, the tenant shall be
reimbursed for any increase in rent and utility costs in the temporary
unit (the utility cost increase may be estimated), incurred in
connection with the move. The housing offered for the temporary
period shall be decent, safe and sanitary. If the temporary period
will exceed 6 months, the tenant may ask the City to provide
permanent relocation assistance and the City will consider the
request.
D. Moving Expenses. If temporary relocation is required, the tenant will
be reimbursed for all reasonable out-of-pocket moving expenses. If
the tenant must move to another unit in the same building or another
building owned by the owner, the owner is responsible for assisting
the tenant in the move and must reimburse the tenant for all
reasonable out-of-pocket moving expenses.
4. PRIORITY USE OF SECTION 8 CERTIFICATES IN LIEU OF CASH ASSISTANCE
In determining which tenants will have preference over other tenants for allocation of
Section 8 Certificates, eligible tenants will be considered for assistance in the
following order of priority:
A. Tenants who earn less than 50 percent of the median income of the
City of Miami Beach; and
B. Tenants who earn more than 50 percent but less than 80 percent of
the median income.
1/14/83
6
•
•
SCHEDULE B
REQUIREMENTS FOR PROTECTION OF RESIDENTIAL TENANTS
WHO EARN MORE THAN 80% OF THE MEDIAN INCOME
1. PERSONS COVERED UNDER PLAN
These requirements (Schedule B) apply to residential tenants who earn more than 80
percent of the median income and may be either permanently displaced or temporarily
relocated as a direct result of the activity covered under this plan.
2. RESIDENTIAL TENANTS NOT REQUIRED TO PERMANENTLY RELOCATE
Each residential tenant who earns more than 80 percent of the median income will be
given an opportunity to remain in the building following rehabilitation. The only
exception will be those tenants evicted for cause, and those tenants that cannot re-
occupy the building because of overcrowding of the unit.
The owner will offer to lease to the tenant (for at least one year), a comparable
replacement dwelling in the rehabilitated building. In this case, the 30 percent of
gross income limitation, will not apply and no rental assistance will be provided.
However, if the tenant voluntarily decides not to continue in occupancy, he/she may
be considered a residential tenant to be permanently displaced and be eligible for the
moving expenses payment as described in Schedue A, Section 2A.
3. TEMPORARY RELOCATION HOUSING AND MOVING EXPENSES
The rules indicated in Schedule A, Sections 3C and 3D also apply to residential tenants
who earn more than 80 percent of the median income, and are required to temporarily
relocate as a result of an activity covered under this plan.
1/14/83
7