Section 7264 Of Chapter 16. Relocation Assistance From California Government Code >> Division 7. >> Title 1. >> Chapter 16.
7264
. (a) In addition to the payments required by Section 7262, as
a part of the cost of acquisition, the public entity shall make a
payment to any displaced person displaced from any dwelling not
eligible to receive a payment under Section 7263 which was actually
and lawfully occupied by the person as a permanent or customary and
usual place of abode for not less than 90 days prior to the
initiation of negotiation by the public entity for the acquisition of
the dwelling, or in any case in which displacement is not a direct
result of acquisition, or any other event which the public entity
shall prescribe.
(b) The payment, not to exceed five thousand two hundred fifty
dollars ($5,250), shall be the additional amount which is necessary
to enable the person to lease or rent a comparable replacement
dwelling for a period not to exceed 42 months, unless the displaced
person meets one or more of the conditions set forth in paragraph (3)
of subdivision (i) of Section 7260, in which case the payment, which
shall not exceed five thousand two hundred fifty dollars ($5,250),
shall be the additional amount which is necessary to enable the
person to lease or rent a comparable replacement dwelling for a
period not to exceed 48 months. However, publicly funded
transportation projects shall make payments enabling the person to
lease or rent a comparable replacement dwelling for a period not to
exceed 42 months, including compensation for utilities, as provided
in subdivision (b) of Section 24.402 of Part 24 of Title 49 of the
Code of Federal Regulations. Payments up to the maximum of five
thousand two hundred fifty dollars ($5,250) shall be made in a lump
sum. Should an agency pay pursuant to Section 7264.5 an amount
exceeding the maximum amount, payment may be made periodically.
Computation of a payment under this subdivision to a low-income
displaced person for a comparable replacement dwelling shall take
into account the person's income.
(c) Any person eligible for a payment under subdivision (a) may
elect to apply the payment to a downpayment on, and other incidental
expenses pursuant to, the purchase of a decent, safe, and sanitary
replacement dwelling. The person may, at the discretion of the public
entity, be eligible under this subdivision for the maximum payment
allowed under subdivision (b), except that, in the case of a
displaced homeowner who has owned and occupied the displacement
dwelling for at least 90 days but not more than 180 days immediately
prior to the initiation of negotiations for the acquisition of the
dwelling, the payment shall not exceed the payment which the person
would otherwise have received under subdivision (b) of Section 7263
had the person owned and occupied the displacement dwelling 180 days
immediately prior to the initiation of the negotiations.
(d) In implementing this chapter, it is the intent of the
Legislature that special consideration shall be given to assisting
any displaced person 62 years of age or older to locate or lease or
rent a comparable replacement dwelling.