DEPARTMENT: Planning and Community Development
DEPARTMENT HEAD: Bridgett White
COUNCIL DISTRICTS IMPACTED: Citywide
SUBJECT:
Briefing and possible action on a relocation assistance policy
SUMMARY:
This item will include a staff briefing on a possible policy framework to address relocation for residents in instances in which displacement cannot be avoided, followed by Commission discussion and possible action.
BACKGROUND INFORMATION:
The Mayor’s Task Force was first convened on October 16, 2014, and was established for the purpose of identifying “policies and programs that encourage investment in inner city neighborhoods but minimize or prevent displacement of people or adverse impacts related to history, culture, and quality of life of unique neighborhoods.” The Task Force met with the intent to:
• Review current policies
• Review best practices from other communities
• Identify short-term and long-term recommendations
• Seek community input/educate community on scope of issue
• Be inclusive of varying perspectives
City Council approved the Task Force’s Final Report on May 14, 2015, which included a recommendation that the City “Develop a Relocation Assistance Policy for Circumstances When Displacement Cannot be Avoided.” An excerpt from the Report reads:
“In researching best practices for non-federally funded displacements, the Task Force reviewed programs within the State of Texas and nationally to include Austin, Dallas, Boston, Chicago, Los Angeles, State of Maryland and Seattle. It should be noted that Texas State Law currently prohibits state agencies from providing any additional relocation assistance entitlements in excess of what is authorized in the Uniform Relocation Act (State Chapter Section 21.046 under Relocation Assistance).
“In cases of displacement either the incoming developer or property owner were responsible for paying relocation assistance to tenants with additional stipends available to senior and/or disabled individuals. In all cases, displaced residents were required a minimum of 90 days written eviction notice. In addition to financial assistance, dislocated individuals received technical assistance and relocation counseling to identify a new residence or benefits available. It was also identified that cities enforced the policies and issued fines and penalties associated with the program.
“The Task Force recommends that developers or property owners provide relocation assistance for tenants displaced by projects receiving City incentives (i.e. SAWS and City Fee Waivers, Tax Abatements and Refunds, Tax Increment Financing, Inner City Incentive Funds, etc). The Commission should work with stakeholders including private developers, public sector representatives, affected community members, and the community-at-large to determine the appropriate amount of financial assistance.”
Following City Council acceptance of the Task Force’s Final Report in May 2015, the City established the Housing Commission to Protect and Preserve Dynamic and Diverse Neighborhoods, in part, to address the recommendations in the report.
ISSUE:
Staff will present the Housing Commission with a possible framework for a relocation assistance policy, based on a proposal discussed previously with the Mayor’s Task Force. While the Uniform Relocation Act addresses assistance for tenants displaced by projects receiving federal funds, this proposal would add relocation assistance for tenants displaced by projects receiving local funds.
The staff proposal will address:
• The party or parties responsible for providing the assistance;
• Incentives that would trigger the requirement to offer assistance;
• Amount offered per tenant;
• Eligible income levels of assistance beneficiaries;
• Any extra assistance to be provided for special circumstances;
• Eviction notice requirements;
• Enforcement tools available for non-payment; and
• Other types of assistance.
Concurrent with the Housing Commission review and consideration of a relocation assistance policy, City staff will convene a working group in summer 2017 from multiple departments to develop an updated recommendation regarding a relocation assistance policy. The findings of the working group will be presented to the Housing Commission at a future meeting for consideration.
ALTERNATIVES:
The Housing Commission may elect to take immediate action on the staff proposal by recommending the relocation assistance policy to the City as it was drafted, or the Commission may refer the work to one or both of the subcommittees to refine the proposal before providing a formal recommendation to the City.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
RECOMMENDATION:
This item will include a staff briefing on a possible policy framework to address relocation for residents in instances in which displacement cannot be avoided, followed by Commission discussion and possible action.