California Government Code 54237.5 – Notwithstanding the requirement to provide repairs in subdivision (b) …
Notwithstanding the requirement to provide repairs in subdivision (b) of Section 54237, the selling agency may, at its option, provide the present occupants with a replacement dwelling if all of the following conditions exist:
(a) Providing a replacement dwelling is less expensive than providing the repairs required by subdivision (b) of Section 54237.
Terms Used In California Government Code 54237.5
- affordable price: means , in the case of a purchaser, other than a lower income household, the price for residential property for which the purchaser's monthly payments will not exceed that portion of the purchasing household's adjusted income as determined in accordance with the regulations of the United States Department of Housing and Urban Development, issued pursuant to Section 235 of the National Housing Act. See California Government Code 54236
- offer: means to solicit proposals prior to sale in a manner calculated to achieve a sale under the conditions specified, and to hold the offer open for a reasonable period of time, which shall be no more than one year, unless the time is extended by the selling agency at its discretion, for a period to be specified by the selling agency. See California Government Code 54236
- Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Government Code 17
- Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10
(b) The replacement dwelling is determined to have all of the following characteristics:
(1) Is decent, safe, and sanitary.
(2) Is suitable to the occupancy needs of the household as provided under regulations of the United States Department of Housing and Urban Development issued pursuant to Section 8 of the United States Housing Act of 1937.
(3) Is open to all persons regardless of race, color, religion, sex, or national origin and consistent with requirements of Title VIII of the Civil Rights Act of 1968.
(4) Is in an area not generally less desirable than the dwelling to be acquired in regard to public utilities and public and commercial facilities.
(5) Is reasonably accessible to the displaced person‘s place of employment.
(6) Is in an equal or better neighborhood.
(7) Is affordable, as defined in subdivision (b) of Section 54236, to the displaced person.
(c) The offer is made at an affordable price that is not less than the price paid by the agency for original acquisition of the unit now occupied by the displaced person or the replacement unit, whichever is less, and is not more than market value.
(d) The replacement dwelling is a newly constructed or a vacant residential unit. No resident shall be displaced, as defined by Section 7260, for the purpose of creating a replacement unit.
(Amended by Stats. 2014, Ch. 298, Sec. 2. (AB 2753) Effective January 1, 2015.)