CRA/LA In-Place Rehabilitation Procedures

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1 I. PURPOSE: A. Extend the useful life of affordable rental housing units in Redevelopment Project Areas by promoting upkeep and property maintenance through facilitating investment in moderate and substantial rehabilitation of such units without subjecting Tenants to either adverse housing conditions or permanent displacement during renovation work. B. Provide uniform, fair and equitable treatment of tenants including those with disabilities who are temporarily relocated and remain in-place during the primary renovation activities or related work. C. Lessen the emotional and financial impact of the primary renovation activities and related work by ensuring that relocation assistance is provided in accordance with all applicable laws to Tenants who are temporarily relocated. II. TEMPORARY RELOCATION TRIGGER: Temporary Relocation of a Tenant to habitable and accessible temporary housing or other accommodations (day care for seniors, etc.) must be provided by the Property Owner if the Primary Renovation Work and any Related Work will make the Dwelling uninhabitable or inaccessible (including work on common areas) at any time during which the Tenant is regularly and reasonably in the Dwelling unit or the work will expose the Tenant at any time to toxic or hazardous materials including but not limited to, mold, lead-based paint and asbestos. III. DEFINITIONS: A. Dwelling: The place of permanent or customary and usual abode of a person, including a single-family structure, a single-family unit in a two- or more family structure, multi-family or multipurpose structure, a unit in a condominium or cooperative housing project, a non-housekeeping unit, a mobile home, a recreational vehicle as described in Health and Safety Code Section 1810, or any other residential unit which either is considered to be real property under State law or cannot be moved without substantial damage or unreasonable cost. A residence need not be decent, safe and sanitary to be a Dwelling. B. Financial Assistance: Financial Assistance shall be defined to include, but not be limited to: grants, rent subsidies or reductions, qualifying loans, loan forgiveness, CRA/LA approved bond financing (including conduit bond financing), contingent obligations taken on by the CRA/LA such as any guaranty or pledge of CRA/LA funds, and CRA/LA fee reduction or fee waiver, or any other financial assistance provided by the CRA/LA to a developer/property owner, expressly articulated or identified in writing by the CRA/LA. PAGE 1 OF 13

2 C. Notice of Primary Renovation Work: Notice of Primary Renovation Work shall be written in the language in which the original lease was negotiated, shall be posted in the language primarily spoken by the tenant majority and shall provide information in plain language, including but not limited to the estimated start and completion dates and description of work to be performed and the potential impact of that work on the Tenant and information relating to temporary relocation in the case that tenants will be required to temporarily relocate to perform the Primary Renovation Work. D. Permanent Relocation: Any residential tenant who has been or will be temporarily relocated for more than one year must be offered all permanent relocation assistance due under applicable law. E. Primary Renovation Work: Work performed either on a rental unit or on the building containing the rental unit that improves the property by prolonging its useful life or adding value, and involves either or both of the following: (1) replacement or substantial modification of any structural, electrical, plumbing or mechanical system that requires a permit under the Los Angeles Municipal Code, or (2) abatement of hazardous materials, such as lead-based paint and asbestos, in accordance with applicable federal, state or local laws F. Project: For purposes of this document, Project means a rehabilitation project in which CRA/LA has entered into a written agreement and/or agreed to provide Financial Assistance G. Property Owner: Shall include any person or party who applies for or enters into an agreement for Financial Assistance with the CRA/LA related to a Project and shall include assignees, successors in interest, developer, contractors, agents, property managers, subcontractors and/or potential purchasers. H. Related Work: Improvements or repairs that, in and of themselves, do not constitute Primary Renovation Work but which are undertaken in conjunction with and/or are necessary to the initiation and/or completion of the Primary Renovation Work. I. Temporary Relocation: The moving of a Tenant from the Tenant s Dwelling to habitable temporary housing accommodations either within the same building or complex, or to a unit or venue located reasonably near the building or complex, if that location is generally not less desirable than the location of the Tenant s Dwelling in accordance with a THP. The Temporary Relocation of a Tenant from his/her Dwelling shall not constitute the voluntary vacation of the unit and shall not terminate the status and rights of a Tenant, including the right to reoccupy the Tenant s original Dwelling unit, upon the completion of the Primary Renovation Work and any Related Work, subject to any rent adjustments as may be authorized by the CRA/LA and any applicable provisions of the approved THP. J. Tenant: One that pays rent to use or occupy land, a building, or other property owned by another for residential occupancy. K. Tenant Habitability Plan or THP: A document which shall provide the information set forth in Section VI, below, and that the CRA/LA deems necessary PAGE 2 OF 13

3 to ensure that the impact of Primary Renovation Work and any Related Work upon affected Tenants is adequately mitigated. A sample form of Tenant Habitability Plan that contains an outline of the required elements is attached hereto as Exhibit A". IV. CRA/LA S RESPONSIBILITY: A. Determine applicability of IPRP to the Project. B. Determine sources of funding for the Project. C. Obligate Property Owner to perform and comply with the IPRP and applicable relocation and disability rights laws through execution of various written agreements. D. Monitor Property Owner s compliance with the IPRP, any written agreements between Property Owner and the CRA/LA, and applicable relocation and disability rights laws. V. PROPERTY OWNER S RESPONSIBILITY: A. Comply with IPRP. B. Comply with all applicable state and federal relocation laws. C. Comply with all applicable state and federal disability rights laws. D. In consultation with affected Tenants, identify Tenant needs, including any necessary disability-related accommodations prior to submitting a draft THP to the CRA/LA. E. Provide reasonable accommodations to Tenants with disabilities. F. Not undertake activities that will temporarily or permanently displace Tenants from their Dwellings unless the Property Owner has followed all aspects of the IPRP and there are comparable, habitable and accessible residential units available to provide Tenants with temporary (or if applicable, permanent) replacement housing prior to displacement. G. Submit all documentation required under the IPRP at or before the times required herein. H. Adhere to all notice provisions according to applicable to law and the IPRP, including advising tenants of their rights under these requirements. I. Advise all Tenants in the Project of all applicable relocation rights and assistance to which they may be entitled and the right to request disability-related reasonable accommodations in the rehabilitation process. J. Pay any and all relocation expenses and costs required by the IPRP and applicable local, state or federal law, including without limitation, moving expenses, and relocation housing payments, if applicable. PAGE 3 OF 13

4 K. Submit CRA/LA required Affirmative Marketing Plan and Management Plan prior to the commencement of any lease up activities or filling of vacancies. L. During the CRA/LA s review and application process through completion of rehabilitation of the Project, provide to the CRA/LA quarterly occupancy reports that include status of Primary Renovation Work and Related Work and any tenancy changes (e.g. move-ins and move-outs) for all Dwellings in the Project. M. Provide any and all documentation to the CRA/LA as may be requested to monitor the Project under the IPRP. N. Comply with all requirements of applicable CRA/LA policies, including, without limitation, the requirement to provide current rent rolls and notice of prospective evictions pursuant to Property Owner s Acknowledgement, Agreement and Covenant Regarding Request for CRA/LA Financial Assistance. VI. Tenant Habitability Plan: A Tenant Habitability Plan or THP shall provide the following information, together with any other information CRA/LA deems necessary to ensure that the impact of Primary Renovation Work and any Related Work upon affected Tenants is adequately mitigated. A sample form of THP which outlines the required components of the plan is attached as Exhibit A. A THP shall contain the following elements: A. Introduction that states the nature of the Project goals and history. B. Identification of the Property Owner, property management company (if applicable), and the general contractor responsible for the Primary Renovation Work, and any specialized contractor responsible for hazardous material abatement, including but not limited to lead-based paint and asbestos. C. Identification of all affected Tenants including the current rent each Tenant pays and the date of each Tenant s last rent increase. Personal information regarding Tenants shall be considered confidential. D. Description of advisory services Property Owner shall provide to tenants to determine their Temporary Relocation and accommodation needs and preferences. E. Description and scope of Primary Renovation Work and any Related Work. Such description shall address the overall work to be undertaken on all affected dwellings and common areas, the specific work to be undertaken on each affected Dwelling, an estimate of total Project cost and time, and the estimate of the cost and the estimated start date and duration of renovation for each affected Dwelling. F. Identification of the impact of Primary Renovation Work and Related Work on the habitability and accessibility of affected Dwellings and common areas (including elevators), including a discussion of impact severity and duration with regard to noise, utility interruption, exposure to hazardous materials, PAGE 4 OF 13

5 VII. interruption of fire safety systems, inaccessibility to all or portions of each affected Dwelling and accessible paths to and from each affected Dwelling, and disruption of other Tenant services. G. Identification of the mitigation measures that will be adopted to ensure that Tenants are not required to occupy an uninhabitable/inaccessible Dwelling and that Tenants will not be exposed to toxic or hazardous materials including but not limited to, mold, lead-based paint and asbestos. Such measures may include the adoption of work procedures that allow a Tenant to remain on-site and/or the Temporary Relocation of Tenants. The measures to be included in the THP will be based in part on the needs and preferences of the Tenant to be displaced as initially identified through consultations with Tenants. H. Identification of mitigation and reasonable accommodation measures that will be adopted to address Tenants who are elderly or with mental and/or physical disabilities, including limited mobility during the Temporary Relocation period. I. Identification of the impact of the Primary Renovation Work and Related Work on the personal property of affected Tenants, including work areas which must be cleared of furnishings and other Tenant property, and measures to be undertaken to minimize the exposure of Tenant property to theft or damage from hazards related to work or storage. J. Identification of the mitigation measures that will be adopted to secure and protect Tenant property from reasonably foreseeable damage or loss. K. A plan for the Temporary Relocation of Tenants that includes, at a minimum, an assessment of the housing needs and an inventory of the relocation resources, description of the relocation assistance program and benefits and the services that will be provided, the noticing requirements and the manner of service, the evictions policy, the ability to appeal the draft THP and process for appeal, the projected dates of displacement and the estimated Temporary Relocation costs. Attachments to THP The THP shall include the following attachments: A. Attachment A Current Residential Tenant Rent Roll (Confidential) B. Attachment B Current Non-Residential Tenant Rent Roll (Confidential) C. Attachment C - Per Diem Agreement (See Section VII.H below) D. Attachment D - Notice of Primary Renovation Work: The Notice of Primary Renovation Work shall be written in the language in which the original lease was negotiated and posted in an accessible place on the Property in the language primarily spoken by the tenant majority and shall provide the following information in plain language. PAGE 5 OF 13

6 1. The estimated start and completion dates of any Primary Renovation Work and Related Work associated with a THP submitted to the CRA/LA. 2. A description of the Primary Renovation Work and Related Work to be performed and the potential impact on that particular Tenant household. 3. The details of temporary relocation, if necessitated by the Primary Renovation Work, and associated Tenant rights. 4. Instructions that Tenants with questions should consult the Property Owner or property management company. 5. Notice of a Tenant s right to reoccupy his or her Dwelling under the existing terms of tenancy upon the completion of Primary Renovation Work, subject to rent adjustments as authorized by the applicable law. 6. Notice that the Tenant may appeal the THP to the CRA/LA Chief Executive Officer or his/her designee in cases where the Tenant does not agree with the Property Owner regarding the necessity for the Tenant to either remain in place during Primary Renovation Work or be temporarily relocated, provided such request is submitted within 10 business days of the Tenant s receipt of the THP (see section VIII.F.3 regarding Property Owner s declaration of service to Tenant). 7. The name and contact information for a CRA representative or designee for the purpose of asking questions or making complaints during the duration of the THP period. 8. The content of emergency mitigation plans (as to provisions for domestic cold and hot water, sanitary facilities for able and disabled persons and utilities such as electricity, phone and cable). 9. Notice that Tenants with disabilities have the right to request reasonable accommodations with respect to this process. The Primary Renovation Notice and other documents relating to this process will be made available in alternative accessible formats if requested by a Tenant with a disability and will inform Tenant of the availability of alternative formats. E. Attachment E Payment to Tenant for Moving or Storage VIII. IN-PLACE REHABILITATION PROCEDURES: A. Upon Property Owner s initial request to the CRA/LA regional staff to consider participation in or Financial Assistance for a rehabilitation Project, CRA/LA regional staff shall provide a copy of these IPRP s to the Property Owner. PAGE 6 OF 13

7 B. Property Owner shall submit property information, rehabilitation scope of work, schedule of performance, financial proformas and any other information reasonably requested by CRA/LA regional staff. C. CRA/LA regional (construction) staff shall determine the feasibility/applicability of the IPRP within 15 business days of receipt of rehabilitation scope of work. D. If regional staff determines that the Project should move forward with CRA/LA regional staff support for further consideration, the determination is communicated to CRA/LA Department of Housing, Real Estate Department, and the Property Owner. E. Property Owner shall execute and deliver to the CRA/LA the Acknowledgement, Agreement and Covenant Regarding Request for CRA/LA Assistance and/or Funding for In-Place Rehabilitation Project (the Acknowledgement and Agreement ). Execution and delivery of the Acknowledgement and Agreement is necessary in order for CRA/LA regional staff to continue review and consideration of the Project for CRA/LA participation or Financial Assistance. The Due date of the Acknowledgement and Agreement will be later of (i) regional staff s notification to Property Owner of the determination under subsection VIII.D, above, or (ii) Property Owner obtaining site control (through ownership, option to purchase, purchase and sale agreement, etc.). F. Within Ten (10) business days of execution of the Acknowledgment and Agreement, Property Owner shall send a General Information Notice to affected Tenants. Property Owner shall also send copies of the General Information Notices to the CRA/LA. A sample format for the General Information Notice is attached to the IPRP as Exhibit B. In addition, Property Owner is required to provide Tenants with any and all notices required by applicable state and federal relocation law within the applicable time periods. Acceptance of an application by the CRA/LA shall not be deemed approval of a Project or approval of Financial Assistance. G. If the CRA/LA Board approves the Project for participation or Financial Assistance, Property Owner shall be required to enter into an agreement with the CRA/LA which shall bind and require Property Owner to comply with, without limitation, the IPRP; applicable CRA/LA policies; and all applicable local, State and federal relocation and disability rights laws.. H. Not later than 40 business days prior to the commencement of the Primary Renovation Work, the Property Owner must: 1. Consult with Tenants to determine their temporary relocation and accommodation needs and preferences, which may include but may not be limited to, Tenant requests for reasonable accommodations in the temporary relocation process; 2. Submit to the CRA/LA a draft THP, as described in Section VI and VII of the IPRP, a sample form of which is attached as Exhibit A, which CRA/LA staff PAGE 7 OF 13

8 shall review to determine if the plan will adequately mitigate the impact of Primary Renovation Work and any Related Work upon affected Tenants; 3. Submit a declaration to CRA/LA certifying that Property Owner has provided affected Tenants with a General Information Notice, Notice of Primary Renovation Work (see Section VII, Attachment D), and a copy of the nonconfidential portions of the proposed THP (see Section VI). Materials provided to Tenants shall advise Tenants that they may submit their comments to the THP to the CRA/LA within 10 business days; and 4. Certify to the CRA/LA that the THP, the Primary Renovation Work and any Related Work comply with the requirements of the applicable Redevelopment Plan and the agreement with the CRA/LA for the Project. I. Tenant Habitability Plan Review and Acceptance: 1. Within 15 business days of CRA/LA s receipt of the THP for review or within 15 days of the conclusion of any Tenant appeal, whichever is longer, the CRA/LA Chief Executive Officer or his/her designee shall make a determination (including consideration of Tenant comments) regarding the adequacy of a Property Owner s proposed THP. The CRA/LA Chief Executive Officer or his/her designee will approve those Tenant Habitability Plans which s/he determines will adequately mitigate the impacts of Primary Renovation Work and any Related Work upon Tenants. The THP may allow for the temporary disruption of major systems during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday without requiring the Temporary Relocation of Tenants. However, Property Owner must provide reasonable advance notice of the disruption, including what services will not be accessible by tenants and for what duration they will not be accessible. At no time may any Tenants be exposed to toxic or hazardous materials, including but not limited to, lead-based paint and asbestos. 2. CRA/LA s approval of a THP shall be subject to the Property Owner having no outstanding balances due for City of Los Angeles rent registration or code enforcement. 3. CRA/LA shall provide the Property Owner with written indications of deficiencies, which must be addressed whenever a THP is determined to be inadequate. A Property Owner may submit an amended plan in order to correct identified deficiencies. 4. CRA/LA shall notify Property Owner and Tenants of approval/disapproval of the THP. 5. Property Owner or Tenants may appeal the CRA/LA Chief Executive Officer s or designee s determination regarding the THP to the CRA/LA Relocation Appeals Board (the Relocation Appeals Board ). The Relocation Appeals PAGE 8 OF 13

9 Board shall consider appeals of CRA/LA staff determination of relocations grievances brought by Property Owners and Tenants in a Project. 6. Appeals shall be made in writing and specify the grounds for appeal. Appeals shall be filed within 10 business days of the CRA/LA s notice of approval or disapproval regarding the adequacy of the THP. The requested hearing shall be held within 30 business days of the filing of the appeal. No tenant may be temporarily relocated pending the outcome of the appeal. 7. The Relocation Appeals Board shall, after a hearing with the Tenant, make and transmit its findings and recommendations to the CRA/LA Board of Commissioners, including any recommendations for modification of the CRA/LA s initial determination. 8. Property Owners and Tenants must submit in writing any challenges or issues with the findings or recommendations of the Relocation Appeals Board to the CRA/LA Board of Commissioners. 9. The CRA/LA Board of Commissioners may either ratify or reject the findings of the Relocation Appeals Board and render a decision or follow up with additional questions as part of the appeal process. 10. The CRA/LA Board of Commissioners shall forward a final decision to the Property Owner and appealing Tenant(s). 11. The Property Owner shall provide the final CRA/LA approved THP and notice of relocation, if necessary, to the Tenant no less than 10 days prior to any activity that will interfere with the habitability and/or accessibility of any Dwelling and common areas (including elevators). 12. Upon request, the CRA/LA will provide Tenants with disabilities reasonable accommodations with respect to this appeal process. IX. GENERAL NOTICE AND SERVICE REQUIREMENTS: A. The Property Owner will provide all notices and post all documents at the times and in the formats required by the IPRP. B. Service of all documents and notices shall be provided in the manner prescribed by the IPRP and the THP approved by the CRA/LA Chief Executive Officer or his/her designee. C. Upon request for a reasonable accommodation from any Tenant with a disability, Property Owner shall make any notice required by the IPRP available in alternative accessible formats and will inform Tenants of the availability of such alternative formats. D. All documents or notices which must be posted in accordance with these IPRP s must be posted in a location accessible to all Tenants, including Tenants with disabilities. PAGE 9 OF 13

10 E. Property Owner shall advise all Tenants with disabilities that they have the right to request reasonable accommodations with respect to their Temporary Relocation and the IPRP. F. Developer shall provide all notices and documents regarding project marketing, tenant applications, any Temporary Relocations or correspondence regarding the Dwellings and the Project to be in plain language and made available in accessible formats to persons with disabilities, upon request. Examples of such alternative formats may include, without limitation, qualified interpreters, printed material, telecommunications devices for deaf persons (TDD s), qualified readers, taped texts, audio recordings and other auxiliary aids when necessary for effective communication with persons with disabilities. X. TEMPORARY RELOCATION AND TEMPORARY RELOCATION HOUSING: A. The Property Owner shall indicate in its draft THP whether the Temporary Relocation of one or more Tenant households is necessary. The CRA/LA Chief Executive Officer or his/her designee, in its sole discretion, may determine whether Temporary Relocation is necessary in conjunction with its review of the THP, subject to the appeal process described above. Once the Primary Renovation Work and any Related Work are underway, the CRA/LA may require the Temporary Relocation of a Tenant if it determines Temporary Relocation is necessary to ensure the health or safety of the Tenant. The Property Owner shall provide a plan in the THP that identifies the comparable residential units for the Temporary Relocation of the Tenants. B. The Temporary Relocation of a Tenant pursuant to the IPRP shall not constitute the voluntary vacating of that rental unit and shall not terminate the status and rights of a Tenant, including the right to reoccupy the Tenant s Dwelling upon the completion of the Primary Renovation Work and any Related Work. C. A Tenant who is Temporarily Relocated as a result of Primary Renovation Work shall continue to pay rent in the manner prescribed by any lease provision or accepted in the course of business between the Property Owner or property management company and the Tenant. D. A Property Owner shall pay for all temporary housing accommodation costs and any costs related to relocating the Tenant to temporary housing accommodations, regardless of whether those costs exceed rent paid by the Tenant. The Property Owner shall also pay any costs related to returning the Tenant to his/her Dwelling, if applicable. The CRA/LA may adopt guidelines or regulations regarding the payment of moving costs. E. A Property Owner must Temporarily Relocate a Tenant to habitable temporary housing accommodations if the Primary Renovation Work and any Related Work will make the Dwelling uninhabitable or inaccessible at any time during which the Tenant is regularly and reasonably in the Dwelling or the work will expose the PAGE 10 OF 13

11 Tenant at any time to toxic or hazardous materials including but not limited to mold, lead-based paint and asbestos. F. Temporary Relocation Housing Accommodations for 30 or more consecutive days: If the Temporary Relocation lasts 30 or more consecutive days, the Property Owner shall make available comparable housing either within the same building or in another building. For purposes of the IPRP, a relocation unit shall be comparable to the existing unit if both units are comparable in size, number of bedrooms, accessibility, proximity to services and institutions upon which the Tenant depends, amenities, including allowance for pets, if necessary, and, if the Tenant desires, location within five miles of the Project. The Property Owner and the Tenant may agree that the Tenant will occupy a non-comparable relocation unit provided that the Tenant is reasonably compensated for any reduction in size, amenities or access to services. The Property Owner must provide no less than 15 days notice to the Tenant to vacate his or her Dwelling if the Tenant is to be temporarily relocated for more than 30 days. G. Temporary Relocation Housing Accommodations for fewer than 30 consecutive days: If the Temporary Relocation lasts less than 30 consecutive days, the Property Owner shall make available temporary housing that, at a minimum, provides habitable relocation accommodations within the same building or rental complex, in a hotel or motel, or in other rental housing. The Property Owner must provide temporary housing that is accessible for Tenants with disabilities. The CRA/LA may adopt guidelines or regulations regarding temporary housing. If the temporary housing is in a hotel, motel or other external rental housing, it shall be located no more than two miles from the Project, unless no such accommodation is available, and contain standard amenities such as a telephone. The Property Owner must provide no less than 10 days notice to the Tenant to vacate his or her Dwelling if the Tenant is to be temporarily relocated for less than 30 days. H. Per Diem Payment: A Property Owner and Tenant may mutually agree to allow the Property Owner to pay the Tenant a reasonable per diem amount sufficient to pay for housing, meals and other basic accommodations (such as bathing facilities) for each day of Temporary Relocation in lieu of providing Temporary Relocation housing. The agreement shall be in writing and signed by the Property Owner or agent and Tenant and shall contain the Tenant s acknowledgement that he/she received notice of his/her rights under the IPRP and that the Tenant understands his/her rights. The Property Owner shall provide a copy of this agreement to the CRA/LA not less than five business days prior to the Tenant vacating the Dwelling. I. The Property Owner shall provide written notice before the Tenant is Temporarily Relocated advising the Tenant of the right to reoccupy the Dwelling under the existing terms of tenancy once the Primary Renovation Work and any Related Work is completed. Unless the Property Owner provides the Temporary Relocation housing, the Tenant shall provide the Property Owner the address to be used for future notifications by the Property Owner. When the date on which the Dwelling will be available for re-occupancy is known, or as soon as possible thereafter, the Property Owner shall provide written notice to the Tenant by PAGE 11 OF 13

12 personal delivery, or registered or certified mail, and shall provide a copy of that notice to the CRA/LA. If the Tenant was Temporarily Relocated for over 30 days and has a separate tenancy agreement with a third party housing provider, the Property Owner shall give the Tenant a minimum of 30 calendar days written notice to reoccupy, unless the Property Owner gave the Tenant written notice of the date of re-occupancy prior to the start of Temporary Relocation. J. All persons who will be Temporarily Relocated, neighborhood groups, and any relocation committee shall be given an opportunity and should be encouraged fully and meaningfully to participate in reviewing the THP. K. Temporary Relocation units must be: 1. decent, safe, and sanitary in accordance with applicable housing standards; 2. accessible for tenants with disabilities; 3. at least comparable to but no less desirable than the Tenant s Dwelling with respect to utilities, public and commercial facilities, schools services and employment; 4. available to the Temporarily Relocated Tenant households without regard to the basis listed in subdivision (a) or (d) of Section of the Government Code, as those bases are defined in Sections 12926, , subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section of the Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the Property Owner himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of Tenants, lessees, sublessees, subtenants, or vendees in the premises. XI. PROHIBITION OF DISCRIMINATION AGAINST PERSONS WITH DISABILITIES DURING THE IN-PLACE REHABILITATION PROCESS: Property Owners must provide Tenants with disabilities with reasonable accommodations during Dwelling/Project rehabilitation to ensure continuity of accommodation and access. The CRA/LA allows for reasonable accommodations in policies, practices, or procedures when necessary to provide persons with disabilities equal access or to avoid discrimination on the basis of disability. The Property Owner may only deny such requests if they pose an undue financial burden or causes fundamental alteration of the program or Project. XII. AFFIRMATIVE MARKETING REQUIREMENTS A. Upon CRA/LA approval and full execution of an agreement for Financial Assistance for the Project, all CRA/LA in-place rehabilitation projects shall adhere PAGE 12 OF 13

13 to the CRA/LA Affirmative Marketing Requirements as applicable during lease up activities or any filling of vacancies. B. In recognition of the cultural diversity which is the strength and pride of the City of Los Angeles, the CRA/LA requires each Project to have an Affirmative Marketing Plan designed to attract tenants from those racial and ethnic groups who would be least likely to reside in the development without affirmative outreach efforts. Also, in recognition of the obstacles persons with disabilities may face in securing housing, the CRA/LA requires that each project include ways to attract persons with disabilities to the project in its Affirmative Marketing Plan. The Affirmative Marketing Plan shall promote equal housing choice for all prospective purchasers or Tenants regardless of race, color, religion, creed, national origin, ancestry, disability (actual or perceived), medical condition, age, marital status, domestic partner status, familial status, source of income, sex, sexual orientation, Acquired Immune Deficiency Syndrome (AIDS) acquired or perceived, or retaliation for having filed a discrimination complaint. However, pursuant to State Redevelopment Law, preference shall be given to qualified CRA/LA displacees. C. The Affirmative Marketing Plan shall include: 1. An application period of sufficient duration to ensure that various ethnic, racial and language groups, and persons with disabilities have sufficient time to learn about the availability of the project and complete the required preliminary application process. All persons who respond during this period are to have an equal opportunity to be selected for occupancy. A method of random selection must be used to establish relative priority among those who respond during this period except that preference will be given to those eligible for accessible units. 2. Advertising and application materials will be made available in alternative accessible formats if requested by a prospective Tenant with a disability. Such documents will notify prospective Tenants of this availability. 3. Advertising will be in plain language and include a description of accessibility features (e.g., if the building has curb ramps or accessible units). XIII. STATEMENT OF COMPLIANCE: The CRA/LA IPRP s are intend to be consistent Uniform Relocation Act requirements, City Ordinances and State and Federal laws and regulations including disability rights laws. They are intended to provide guidelines and procedures that will clarify/augment existing applicable regulations, laws and ordinances for Projects that involve CRA/LA participation. PAGE 13 OF 13

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