Town of Mansfield, CT Chapter A200 Code Enforcement Relocation Plan

[HISTORY: Adopted by the Town Council of the Town of Mansfield 1-26-2004; amended in its entirety 10-24-2016, effective 10-24-2016. Subsequent amendments noted where applicable.]

§ A200-1 Purpose.

A. This relocation plan is adopted by the Town of Mansfield pursuant to the provisions of the Uniform Relocation Assistance Act (URAA), Connecticut General Statutes § 8-266 et seq., and URAA Regulations, Connecticut Agencies Regulations §§ 8-273-1 through Sec. 8-273-41.

B. Connecticut General Statutes § 8-266 states that the purpose of the URAA "is to establish a uniform policy for the fair and equitable treatment of persons displaced by . . . code enforcement activities. . ."

C. In furtherance of the stated purpose, the Town promulgates this relocation plan for the provision of URAA benefits and assistance to individuals and families displaced by the Town's code enforcement activities as a result of substandard conditions.

§ A200-2 Administrative structure.

Determination of displacement and provision of relocation benefits and assistance under this relocation plan shall be accomplished by cooperative effort of Town of Mansfield Code Enforcement Officials and the Human Services Official of the Town of Mansfield in consultation with all other appropriate Town agencies, including the Town Attorney.

§ A200-3 Application process.

A. Upon notice from a Town of Mansfield Code Enforcement Official, the Human Services Official shall provide the occupant with an Application for Relocation Assistance (attached hereto as Exhibit A) and Notice of Rights and Services (Exhibit B). The Human Services Official shall also notify the owner of the property of the occupant's application and the owner's potential liability for relocation benefits. (See Exhibit C, Notice of Potential Liability.)[1]

[1] Editor's Note: Exhibits A, B, and C are included as attachments to this chapter.

B. Along with a completed application, the occupant may file an inspection report by a Town agency in support of the occupant's claim for relocation benefits and assistance. If no such report is filed with the application, the Human Services Official shall forward a copy of the completed application to the appropriate Code Enforcement Official.

§ A200-4 Determinations of displacement.

A. Any determination that a property constitutes a threat to the health and safety of the occupant is made by an appropriate Code Enforcement Official under the particular standards regulating the work of that appropriate Code Enforcement Official. Upon making such determination, the Code Enforcement Official will notify the Human Services Official. The Human Services Official will notify the occupant of their rights under the URAA and the property owner of their potential liability.

B. If, upon inspection by the appropriate Code Enforcement Official applying standards required to be used by that particular Official, it is found that the property is in such a condition as to constitute an immediate and serious threat to the health and safety of the occupant, the occupant may be immediately determined by the Human Services Official to be a displaced person under the URAA. Within three business days of the date of the determination, the Human Services Official shall provide an adult occupant and the property owner with Notice of Displacement, attached as Exhibit D.[1]

[1] Editor's Note: Exhibit D is included as an attachment to this chapter.

C. Procedure for property which does not constitute an immediate threat to health and safety:

(1) If the appropriate Town Code Enforcement Official, applying standards required to be used by that Official, determines that the property is in such condition that it does not constitute an immediate threat to the health and safety of the occupant, the Human Services Official shall proceed as follows:

(a) Determine, in consultation with the appropriate Code Enforcement Official, on the basis of the totality of the circumstances, including but not limited to the seriousness of the condition(s), their effect on the occupant, and the owner's capacity to remedy them, a reasonable deadline by which the owner must complete the necessary repairs or incur the consequences of a determination that the occupant has been displaced under the URAA; and

(b) Provide as soon as possible to the owner a written notice (Notice to Owner, Exhibit E[2]) informing him/her of any such deadline. This notice shall include a copy of any inspection report or key findings of that report. A copy of the notice shall be delivered to the occupant.

[2] Editor's Note: Exhibit E is included as an attachment to this chapter.

(2) Immediately following the expiration of any such deadline, in cooperation with the appropriate Code Enforcement Official, the Human Services Official shall cause the property to be reinspected. If the Code Enforcement Official issues an order to vacate or a condemnation order, the Human Services Official may:

(a) Determine the occupant to be displaced and notify the Human Services Official to provide an adult occupant and the property owner with Notice of Displacement; or

(b) Determine under the totality of the circumstances in consultation with the appropriate Code Enforcement Official that the necessary repairs will soon be made and offer the owner the option of temporarily relocating the occupant to adequate replacement housing until the conditions are remedied, by providing the owner with a Temporary Relocation Proposal, attached as Exhibit F.[3]

[1] If the owner fails to either remedy the conditions or agree to a temporary relocation within three business days thereafter, issue Notice of Displacement to the occupant and the owner.

[2] If the owner agrees to temporarily relocate the occupant, the owner shall sign a Temporary Relocation Agreement, attached as Exhibit G[4] and accomplish the temporary relocation at the owner's expense within a reasonable time frame established by the Town.

[4] Editor's Note: Exhibit G is included as an attachment to this chapter.

[3] Once a reinspection shows to the Town's satisfaction that the conditions have been remedied, the owner shall restore the occupant to the building at the owner's expense.

[4] If the Human Services Official, in consultation with the Code Enforcement Official, determines that it is in the best interests of the occupant, it may permit a temporary relocation of the occupant by the owner at any time after the Town issues Notice to Owner to the property owner.

[3] Editor's Note: Exhibit F is included as an attachment to this chapter.

(3) If at any time after a Town of Mansfield Code Enforcement Official initially finds the existence of conditions which violate health and safety standards of the applicable local or state code, the owner informs the Town that s/he cannot or will not make the necessary repairs, the Town may immediately issue a Notice of Displacement to the occupant and owner.

(4) If it is determined by the Human Services Official in consultation with the appropriate Code Enforcement Official that it is in the best interests of the occupant, the Human Services Official may grant an extension of any deadline set in applying § A200-4C of the Plan.

§ A200-5 Relocation of displaced persons.

A. General.

(1) Town of Mansfield Code Enforcement Officials, together with the Human Services Official, shall administer a relocation program for persons displaced from property by the Town's code enforcement activities. The program shall include such measures as may be reasonably necessary to ensure that, prior to displacement by code enforcement activities, there will be available to every displaced person a replacement dwelling which is:

(a) "Decent, safe, and sanitary," as that term is defined in URAA Regulations § 8-273-4 (a);

(b) In an area not generally less desirable than the area in which the displacement dwelling is located in regard to public utilities and public and commercial facilities;

(c) Reasonably accessible to the displaced person's place of employment; and

(d) Available at a price or rental within the financial means of the displaced person.

(2) The Human Services Official shall ensure that a copy of this relocation plan is provided to every appropriate Town agency or department.

B. Relocation benefits and assistance.

(1) Within two business days of issuing Notice of Displacement to any displaced person, the Human Services Official shall mail a Request for Priority Admission (attached hereto as Exhibit H[1]) to the Mansfield Housing Authority.

[1] Editor's Note: Exhibit H is included as an attachment to this chapter.

(2) Moving and storage expenses.

(a) Also within two business days of issuance of Notice of Displacement to any displaced person, the Human Services Department shall move the displaced person and his or her family and personal property from the displacement dwelling to a permanent replacement dwelling. If no permanent replacement dwelling is then available, the displaced person and his or her family and personal property shall be moved from the displacement dwelling to a temporary replacement dwelling. If no temporary replacement dwelling is then available, the displaced person and his or her family shall be moved to emergency housing, normally the Holy Family Home and Shelter, 88 Jackson Street, Willimantic, CT, or if that is unavailable, to the Access Emergency Shelter, 51 Reynolds Street, Danielson, CT, and the personal property of the displacee(s) shall be placed in storage, if necessary.

(b) Notwithstanding the provisions of the preceding subsection, if a displaced person elects to receive the fixed cash payment described in § A200-5B(4) in lieu of actual and reasonable moving and storage expenses, the Town shall be under no obligation to move or store personal property owned by the displaced person and his or her family.

(3) The Human Services Official shall permit any displaced person who elects to have the Town move and store his or her personal property to choose a mover from a list of moving companies to be maintained by the Town. The moving company selected shall, at the sole expense of the Town, pack, crate, and transport the displaced family's personal property, including household appliances owned by the family. If a temporary or permanent replacement dwelling is not then available, the Town shall arrange for the storage of the personal property. The Town's obligation to move a displaced family's personal property shall extend to subsequent moves from storage to a permanent replacement dwelling, or from storage to a temporary replacement dwelling to a permanent replacement dwelling. The Town shall insure all personal property against loss or damage while being moved and while in storage. The Town's moving obligation shall include the cost of removing, reinstalling, and reconnecting all household appliances owned by the displaced family.

(4) The Human Services Official shall provide a fixed cash payment to any displaced person who elects to receive such a payment in lieu of actual and reasonable moving expenses. The payment shall be made with the next Town payment cycle after the date of the request. The exact amount of the fixed cash payment shall be determined in accordance with URAA Regulations § 8-273-3.

(5) The Human Services Official shall assist the displaced family to relocate to a permanent replacement dwelling which is a "comparable dwelling" as that term is defined in URAA Regulations § 8-273-4(a) and 8-273-4(b).

(6) Any displaced person who actually and lawfully occupied the displacement dwelling for at least 90 consecutive days immediately before the date of displacement and who subsequently rents a permanent replacement dwelling shall receive a replacement housing payment of not more than $4,000. The amount of the replacement housing payment shall be determined in accordance with URAA Regulations § 8-273-32, and shall be 48 times the monthly rent paid by the displaced person for the permanent replacement dwelling diminished by 48 times the average monthly contract rent the displaced person or family had agreed to pay during the three months immediately before the date of displacement; or if that average monthly rent was not reasonable, 48 times the monthly economic rent for the displacement dwelling determined by the Human Services Official of the Town of Mansfield. After a displaced person has rented and occupied a permanent replacement dwelling, the Human Services Official shall make the replacement housing payment directly to him or her, unless requested by the displaced person to make the payment directly to the lessor. Replacement housing payments shall be made in monthly installments upon receipt of verification that the displaced person or family still occupies the replacement dwelling. Upon request of a displaced person who has not yet rented a proposed permanent replacement dwelling, the displaced person will receive a replacement housing payment on the date that he or she rents and occupies the proposed permanent replacement dwelling. The Human Services Department shall further certify, in writing, what the total amount of the replacement housing payment will be, which amount shall be determined in accordance with URAA Regulations § 8-273-32. Attached hereto as Exhibit I[2] is the Certificate of Eligibility to be submitted by the Human Services Official to the lessor at the election of the displaced person.

[2] Editor's Note: Exhibit I is included as an attachment to this chapter.

(7) Any displaced person who actually and lawfully occupied the displacement dwelling for at least 90 consecutive days immediately before the date of displacement and who subsequently purchases a permanent replacement dwelling shall receive a replacement housing payment of not more than $4,000. The amount of the replacement housing payment shall be determined in accordance with URAA Regulations §§ 8-273-27(b), 8-273-31, and 8-273-34, and shall be that amount necessary for the displaced person to make the down payment on the permanent replacement dwelling required for a conventional mortgage loan; and pay the incidental expenses described in URAA Regulations § 8-273-31. The Human Services Official shall pay the full amount of the first $2,000 of the required down payment. The Human Services Official shall pay 50% of the remainder of the down payment, and the displaced person must provide the other 50% of the remainder of the down payment. After a displaced person has purchased and occupied a permanent replacement dwelling, the Human Services Official shall make the replacement housing payment directly to him or her, unless requested by the displaced person to make the payment directly to the seller. Upon request of a displaced person who has not yet purchased a proposed permanent replacement dwelling, the Human Services Official shall certify, in writing, to the lending agency, financial institution, or other interested party that the displaced person will receive a replacement housing payment on the date that he or she purchases and occupies the proposed permanent replacement dwelling. The Human Services Department shall further certify, in writing, what the total amount of the replacement housing payment will be, which amount shall be determined in accordance with URAA Regulations §§ 8-273-27(b), 8-273-31, and 8-273-34. Attached hereto as Exhibit I is the Certificate of Eligibility to be submitted by the Human Services Department to the lending agency, financial institution, or other interested party.

(8) If a permanent replacement dwelling is not available at the time of the initial move from a displacement dwelling, or at the expiration of a displaced person's stay in an emergency shelter, the Human Services Department shall assist the displaced family or individual to relocate to a temporary replacement dwelling. A temporary replacement dwelling must meet the standards for "adequate replacement housing" set forth in URAA Regulations § 8-273-4(a) and 8-273-4(c). The provisions of § 47a-2(1) and 47a-2(4) C.G.S. shall apply to the occupancy of temporary replacement dwellings by displaced persons. In no event shall a displaced individual or family remain in a temporary replacement dwelling permanently; the Human Services Department shall help the displaced individual or family to relocate to a permanent replacement dwelling as soon as possible under the circumstances.

(9) If neither a permanent replacement dwelling nor a temporary replacement dwelling is available at the time of the initial move from a displacement dwelling, the Human Services Department shall relocate the displaced individual or family to emergency shelter. For purposes of the Relocation Plan, "emergency shelter" means the Holy Family Home and Shelter, 88 Jackson Street, Willimantic, CT, or if that is unavailable, the Access Emergency Shelter, 51 Reynolds Street, Danielson, CT, or any other similar area facility. As soon as possible, the Human Services Department shall assist the displaced individual or family to relocate from emergency shelter to a permanent replacement dwelling or, if no permanent replacement dwelling is then available, to a temporary replacement dwelling.

§ A200-6 Special circumstances due to fire or casualty.

A. If a dislocation is caused by fire or other casualty, this section of the relocation plan shall apply. If displacement is caused by local code enforcement activities subsequent to a fire or other casualty, other sections of this plan shall apply.

B. Section 47a-14, C.G.S. outlines tenant remedies in the event that a dwelling unit is damaged or destroyed to an extent that it is not habitable. The remedy established in this section does not provide supports to tenants to prevent homelessness. In the event of loss of housing as a result of fire, hurricane, flood, tornado or other catastrophic occurrence, it shall be the goal of the Town to prevent displacement which results in homelessness. Town departments shall provide assistance as follows:

(1) The Human Services Official will coordinate services with the American Red Cross, emergency shelters and other charitable organizations.

(2) If, upon inspection and consultation with the property owner by the appropriate Code Enforcement Official, it is determined that the property might reasonably be returned to a safe and healthy condition, the Code Enforcement Official will report any such conclusion to the Human Services Official, including, if possible, an estimated timetable for the completion of repairs necessary to return the premises to safe and healthy condition.

(3) If it is determined that code violations caused the event leading to dislocation, the Human Services Official will determine the occupant to be a displaced person as outlined in previous sections of this plan.

(4) In the event of fire or other casualty, it is expected that the property owner will move quickly to make necessary repairs so that the tenant will be able to return to the dwelling. The Code Enforcement Official may, in consideration of the provisions of the applicable Code, establish reasonable deadlines for the completion of repair work related to code violations which are created by fire or other casualty. If the property owner fails to comply with reasonable deadlines, the Code Enforcement Official may refer the case to the Human Services Official to determine if the occupant may be considered to be a displaced person as outlined in previous sections of this Plan.

(5) In the event that a person displaced by fire or other casualty is not eligible for other assistance, the Human Services Official may provide assistance to that person which may include but is not limited to the following:

(a) Referral to legal counsel.

(b) Pursuit of fair housing remedies.

(c) Referral to services provided by state agencies and private not for profit organizations.

(d) Provision of emergency financial assistance for moving expenses and/or rental security deposits.

§ A200-7 Miscellaneous rights and responsibilities.

A. The Town's obligation under the URAA, URAA Regulations and this relocation plan to provide relocation assistance and benefits to displaced persons shall not be affected or diminished by the availability to such persons of other rights or remedies under state or federal law.

B. A displaced person's decision to refuse a portion of the relocation assistance and benefits available to him or her under the URAA, URAA Regulations and this relocation plan shall not affect or diminish the Town's obligation to provide remaining relocation assistance and benefits to that person.

C. Any displaced person aggrieved by any action on the part of the Town of Mansfield shall be advised by the Human Services Department of his or her right to appeal the Town of Mansfield's determination to the State of Connecticut Department of Economic and Community Development, and shall be provided with a copy of URAA Regulations § 8-273-1 (attached hereto as Exhibit J[1]).

[1] Editor's Note: Exhibit J is included as an attachment to this chapter.