Preamble

A. Since the Framingham Housing Authority has managed numerous large-scale capital improvement programs in its public housing program. The Authority’s extensive experience with these programs indicated that capital improvements require, in some cases, the relocation of residents from the units they occupy.

B. Residents will generally be required to relocate when their development has received capital improvement funding for unit reconfiguration, major systems upgrading, substantial modernization, demolition, disposition, or unit rehabilitation where a contractor’s insurance prohibits on-going occupancy.

C. Residential relocation will, in all cases, require guarantees for permanent re-housing into units owned or leased by the Authority for residents who desire such assistance. Residential relocation may also require guarantees for temporary relocation into units owned or leased by the Authority prior to assignments of permanent re-housing. In any case, relocation and permanent re-housing may or may not be to a unit located at the development where capital improvements are planned.

D. The plan herein, called the Residential Relocation Plan (RRP), establishes fair, objective, non-arbitrary and non-discriminatory policies for the temporary relocation and permanent re-housing of its residents due to the requirements of planned capital improvement programs.

E. The RRP has been established to maximize administrative efficiency, residential stability, applicant accessibility, equality of treatment, and overall fairness and objectivity throughout the course of planned construction.

F. The RRP has been established to fulfill applicable state and federal regulations, consistent with sound management practices and policy objectives.

G. The goals and objectives of the RRP are as follows:

1. To facilitate efficient construction through the temporary relocation of residents from units which require reconfiguration, major systems upgrading, or substantial modernization, demolition or disposition;

2. To guarantee permanent re-housing into units owned or leased by the Authority for all residents whose relocation is required due to unit reconfiguration, systems upgrading, substantial modernization, demolition, or disposition;

3. To assist residents with financial costs associated with all temporary and permanent relocation;

4. To minimize inconvenience to the greatest extent possible

5. To develop a uniform set of standards for all capital improvement programs which require relocation, regardless of location, race, color, national origin, ancestry, age, sex, marital status, handicap, disability, presence of children, religion, sexual orientation, source of income or military service of the resident population, or funding source;

6. To provide fair, equitable, non-arbitrary and non-discriminatory standards for the temporary and permanent relocation of residents to units owned or leased by the FHA.

7. To provide continued access by applicants to all developments owned by the Authority, not withstanding the existence of planned capital improvement programs which require on-site resident relocation; and

8. To provide appropriate accommodations for persons with disabilities.

H. Nothing in this policy shall abrogate the rights of local, state or federal regulatory agencies to require changes in development-specific modernization, demolition, or disposition programs otherwise required by this policy in order to make them consistent with available funding or applicable states or regulations in effect at that time.

I. Plans to demolish or dispose of units must be approved according to applicable state and federal laws or court orders.

J. The provisions of this policy shall apply to all owned public housing developments or groups of units, unless expressly waived.

POLICIES

A. NON-DISCRIMINATION

1. The FHA acts without discrimination on the basis of race, color, national origin, ancestry, age, sex, marital status, handicap, disability, presence of children, religion, sexual orientation, source of income, or military service in all matters that pertain to the Residential Relocation Policy.

2. The Authority shall take reasonable steps to safely house all residents relocated under this policy.

3. The Authority may negotiate a different Relocation and Re-housing Policy, under the general terms of this policy, with a local tenant organization in a situation of substantial rehabilitation, demolition, or disposition. The BOR will be notified of and must approve any changes prior to implementation if changes affect any residents relocation.

B. NOTICE

1. The FHA shall provide a copy of the approved Relocation Plan to all residents of the development whose relocation is required as a result of a capital improvement program.

Such information shall be provided to residents as soon as the need for relocation due to a planned capital improvement program is determined. Notice shall be provided by personal service, and sent by certified and registered first-class mail, return receipt requested.

2. Relocation notices shall be provided to residents in the languages identified by the Authority as spoken by the residents of the development.

3. Residents who wish to temporarily or permanently relocate off-site shall notify the FHA within twenty (20) days of receiving their Notice of Relocation Policies, Benefits, and Requirements.

4. The FHA shall conduct at least one on-site Relocation Briefing Session and one Neighborhood Orientation Session for the residents of the development undergoing planned reconstruction prior to the time when off-site relocation requests are due.

5. All residents who are required to temporarily or permanently relocate will be required to sign the appropriate relocation/re-housing agreements and all administrative documents with the Authority. The FHA shall submit the documents to the BOR for approval before distribution.

C. WAITING LISTS

1. The FHA may be required to reduce or curtail temporarily the number of applicant offers of available units at developments with approved modernization plans in order to accommodate the need for on-site residential relocation.

2. The FHA shall make a minimum of twenty (20) percent of all vacancies at developments with approved modernization plans requiring resident relocation available for offers to applicants from the waiting list. The other eighty (80) percent of all vacancies will be assigned according to the following priorities:

a) Temporary relocates;

b) Split households from each phase by seniority of original head of household;

c) Residents from any subsequent phase (in order of earliest date of tenancy);

d) Substantial cause on-site transfers; and

e) Authority-wide or site-specific waiting list again.

3. However, in developments with approved capital improvement and/or redevelopment modernization plans, the number of households requiring relocation may be so numerous and the supply of the projected or available appropriate vacant units so few that the Authority will be compelled to close the waiting list COMPLETELY i.e. no NEW admissions from the waiting list whatsoever. However, such closure shall be limited to a period of one (1) year from the date the closure is announced. At the end of the first year, the Authority will determine whether it is necessary to continue the closure for another year. At the conclusion of subsequent years, a similar determination of the feasibility will be made. The total number of available units withheld from applicant offers at developments undergoing planned redevelopment shall not be greater than the number of units necessary to accommodate resident relocation, by construction phase, bedroom size, and unit type.

D. ELIGIBILITY

1. Only Qualified Household Members who are listed on a Tenant Status Review (TSR) or Tenant Lease at the time approval of funding for modernization is announced shall be considered eligible for temporary and permanent relocation assistance ( For definition see attachment C).

2. Only Household Members may be assigned temporary or permanent units as a result of planned capital improvements. (For definition, see Attachment)

E. DETERMINATION OF THE APPROPRIATE SIZE & TYPE OF UNIT

1. A household shall only be guaranteed a unit of a size and type which corresponds to the information on the household’s Tenant Status Review (TSR) at the time when the capital improvement funds which require relocation are awarded to the Authority; provided that the FHA shall make efforts to reasonably accommodate household’s in which one or more members have a disability.

Upon the Authority’s notification of funding award*, the right of the resident household to make additions or deletions to the household composition shall be suspended, except that deletions and additions by birth, death, marriage and operation of law (adoption, guardianship, court-ordered or parental authorization in writing of custody of a minor) with the exclusion of foster children, will be accommodated to the best of FHA ability to ensure that all tenant households are appropriately housed. All information on the household’s Tenant Status Review (TSR) will be frozen in order to determine household unit size for temporary and permanent relocation in the modernized development. (*Funding award is based on the oldest funding source used in the construction phase.)

2. The Authority shall attempt to accommodate changes in unit size authorized above or unit type for households requesting on-site relocation by offering on-site relocation by offering on-site temporary and permanent units of appropriate sizes and types, if available.

3. On-site units of appropriate size and type may not be available for households who have requested on-site relocation, if their unit size or unit type changes during the course of a planned construction program.

On-site temporary and permanent units of appropriate size and type may also not be available for households who have requested on-site relocation, if state or federal funding or program approvals do not provide for a sufficient unit mix to accommodate unit size or unit type needs.

In such situations, the Authority shall offer the following relocation options:

a) Temporary and/or permanent relocation into an on-site unit of the most appropriate size and type available at the time relocation is required, provided that the leaseholder signs a waiver of required Occupancy Standards in accordance with DHCD Regulations (see attachment C for definition)

b) Temporary and/or permanent relocation into an off-site unit owned or leased by the FHA which meets their actual size or unit type needs.

Residents who select this option shall be granted Administrative Transfer Status. Such assignments shall be made according to the provisions of the Tenant Selection & Transfer Policy (or successor policy).

F. DETERMINATION OF PERMANENT UNIT MIX

1. The FHA shall determine the “post-construction” unit mix of a development with a planned modernization program by considering several factors including: existing household composition, household composition of the authority-wide or site-specific waiting list, design limitations and applicable state and federal regulations.

G. UNIT ASSIGNMENTS

1. Temporary Relocations: In many cases, capital improvement programs will require the temporary relocation of residents prior to permanent re-housing. Temporary relocations will be into units owned or leased by the Authority. Units will be in the development where the resident resides (on-site) or at another location (off-site), according to the provisions below:

a) Temporary On-Site Relocation:

(1) The FHA shall temporarily relocate into on-site units all residents who do not request temporary off-site relocation provided units of the appropriate size and type are available on-site. The FHA reserves the right to temporarily relocate any and all residents off-site where habitable units of appropriate size and type do not exist on-site.

(2) The FHA shall assign available units of appropriate size (or most appropriate size, as allowed by this policy) and type to all residents who require on-site temporary relocation.

(3) The FHA shall attempt to minimize the number of temporary relocations per household, consistent with construction phasing, required scope of work, the number of residents requiring on-site relocation, and the number of available units of appropriate size and type when relocation occurs.

b) Temporary Off-Site Relocations:

(1) The FHA shall temporarily relocate into off-site units those residents who request temporary off-site relocation.

(2) The FHA shall grant Administrative Transfer Status to residents who request off-site temporary relocation and assign them to an available public housing unit of appropriate size and type. Assignments of public housing units shall be done in accordance with the provisions of the Tenant Selection and Transfer Policy (or successor policy) in effect at that time.

2. Resident households “in good standing” (against whom no eviction action has begun including service of a notice of private conference) who are temporarily relocated into units owned by the FHA shall be required to sign an appropriate temporary relocation agreement.

Resident against whom the FHA has a pending eviction action shall only be allowed to sign a “Use and Occupancy Agreement” for the temporary unit.

3. Residents temporarily relocated into units subsidized by the Leased Housing Program shall be required to sign the applicable program’s standard lease.

4. Permanent Relocation: In all cases, residents whose relocation is required due to a planned capital improvement program shall be guaranteed permanent re-housing in a unit owned or leased by the FHA Permanent re-housing will be in the development where the resident resides (on-site) or at another location (off-site), according to the provisions below:

a) Permanent On-Site Relocations:

(1) The FHA shall relocate into on-site units all residents who do not request permanent off-site relocation.

(2) The FHA shall assign available units of appropriate size (or most appropriate size, as allowed by this policy) and type to all residents who request on-site permanent relocation in accordance with this RRP.

b) Permanent Off-Site Relocations:

(1) The FHA shall permanently relocate into off-site units those residents who request permanent off-site relocation.

(2) Residents who are permanently relocated into off-site shall waive all rights to relocation back to the development from which they have been relocated.

(3) The FHA shall grant Administrative Transfer Status to residents who request off-site permanent relocation and assign them to an available public housing unit of appropriate size and type. Assignments of public housing units shall be done in accordance with the provisions of the Tenant Selection and Transfer Policy (or successor policy) in effect at that time.

In addition, the FHA shall provide a subsidy certificate to all residents who request permanent off-site relocation, subject to their availability and the resident’s eligibility for such assistance.

(4) FHA Residents who desire off-site permanent relocation may select to receive only a subsidy certificate. In such situations, residents shall waive their rights to an offer of owned housing otherwise available to Administrative Transfer applicants.

5. Resident households “in good standing” who are assigned a permanent on-site or off-site unit shall be required to sign the standard lease offered by the applicable program.

Residents against whom the FHA has a pending eviction action shall only be allowed to sign a “Use and Occupancy Agreement” for the permanent assignment of housing until the action is resolved.

6. Residents who are assigned temporary and permanent units as a result of relocation shall have up to seven (7) days after receiving a housing offer to accept the unit.

7. Residents who are given an on-site assignment of permanent re-housing may be required to participate in an Orientation Session for the newly-constructed development prior to the date they must move into their new unit.

8. Residents who are given an off-site assignment of permanent re-housing shall be informed about the availability of Neighborhood Services and Amenities.

9. To the maximum extent possible, consistent with the requirements of the planned reconstruction program, the FHA shall avoid the relocation of residents during the month of December.

10. The FHA shall only temporarily or permanently relocated resident households into buildings which are otherwise vacant if the FHA certifies that such relocation will not endanger the health and safety of the household.

11. The FHA will consider the adverse effect on a household of increased rental obligation and/or non-citizen status in the relocation decision.

H. REFUSALS OF OFFERS OF HOUSING

1. Residents who are required to temporarily and/or permanently relocate for reconstruction may only reject assigned units based upon “good cause.”

2. Refusal to sign applicable relocation/re-housing agreements shall constitute rejection without good cause.

3. Failure to accept an assignment of temporary or permanent housing within seven (7) days shall constitute rejection without good cause.

4. Failure to move into a temporary and/or permanent unit within 45 days of acceptance of an assignment shall constitute rejection without good cause.

5. The FHA shall initiate eviction action against all residents who reject without good cause a temporary or permanent relocation assignment. Resident shall be given a thirty day notice to vacate which provides for resident to have right of appeal to grievance Officer. If no grievance filed the Authority will proceed with a summary process case in the Court. If grievance filed resident will be given hearing and outcome to determine if Authority has right to go forward in court.

6. The FHA shall terminate all further relocation payments to residents who reject without good cause a temporary or permanent relocation assignment.

7. If a resident is unable due to a physical or mental disability to accept an offer of housing then resident shall so inform the local property manager and submit a request for a reasonable accommodation pursuant to the Reasonable Accommodation in Housing Policy.

I. RELOCATION PAYMENTS

1. The FHA shall pay the moving costs as required by law of a resident who must move either temporarily and/or permanently in one of the following two ways.

a) The FHA will solicit proposals from moving companies and will assign staff to coordinate moves; or

b) Due to liability Residents will not be allowed to move themselves.

2. The FHA shall not provide relocation payments to cover increased cost of Rental payments for residents who choose to temporarily or permanently relocate off-site if there if available FHA owned housing that the resident chooses not to accept as replacement Housing. Households required to relocate under the Section 8 leased housing program may be reimbursed for the cost of a required security deposit, or for increased rental cost as required by state or federal law.

3. Households which are not required to relocate shall not be eligible for relocation payments.

J. CONTINUED OCCUPANCY

1. Nothing in this policy shall supersede any of the Authority’s established Continued Occupancy policies as found in its Tenant Selection, Assignment and Transfer Plan (TSAP) or successor policy in effect at the time of the relocation.

2. Residents who have temporarily or permanently relocated off-site into a leased unit shall be approved for Administrative Transfer Status if their lease is terminated through no fault of their own.

3. Qualified members of temporarily or permanently relocated households (except personal care attendants) shall have full rights to apply for and be granted Residual Tenancy, if eligible, in the event that the principle leaseholder is unable to permanently remain in the unit due to death, incapacity, or reasons of health. Residents granted Residual Tenancy shall be eligible for relocation assistance otherwise available to the prior head of household.

4. Residents who are evicted from a FHA owned temporary unit shall forfeit all rights to further temporary or permanent relocation assistance, including the provision of relocation payments.

5. Residents who are evicted from a FHA leased temporary unit for reasons which would be grounds for eviction from FHA owned units shall forfeit all rights to further temporary or permanent relocation assistance, including the provision of relocation payments.

K. CONFERENCE, APPEAL, AND GRIEVANCE

1. All residents who have received a notice of relocation policies, benefits and requirements or who have been required to temporarily or permanently relocate under this policy shall have the same conference, appeal, and grievance rights as all other residents regarding action or inaction. Residents may appeal in writing to the FHA and a grievance hearing will be scheduled. In addition to appealing to the FHA the residents have the right to appeal directly to the BOR in writing to:

Bureau of Relocation

Department of Housing and Community Development

100 Cambridge Street

Boston, MA 02114

L. COMPLAINTS OF DISCRIMINATION

1. All residents who have received a notice of relocation policies, benefits and requirements or who have been required to temporarily or permanently relocate under this policy shall have the same rights to file a complaint alleging discrimination as all other residents of the Authority. Residents should forward complaints to the civil Rights Department, Massachusetts Commission Against Discrimination and U.S. Department of Housing and Urban Development.

M. WAIVER

1. Any provision of this policy not required by law may be waived when the viability of the planned capital improvement program would suffer substantial hardship through its administration or when the program has experienced unanticipated circumstances which merit resolution.

2. Any provision of this policy not required by law may be waived when applicants, resident relocates, or other Authority residents would suffer substantial hardship or substantial injustice through its administration or when a household has experienced unanticipated circumstances which merit resolution.

N. ADMENDMENTS

1. The Authority will periodically review and evaluate the effectiveness of this policy as it applies to the efficient management of construction, the fair and equitable treatment of residents and applicants, and conformity with applicable state and/or federal laws and regulations.

2. The Authority may amend the RRP to improve its efficiency, to improve construction scheduling, to provide for greater fairness and equity towards residents and applicants, and to ensure full compliance with applicable state and/or federal laws and regulations.

3. All amendments to the RRP shall be submitted for review and comment to tenant organizations according to the provisions of applicable policies governing resident participation in the affairs of the FHA.

4. Development-specific amendments to this Plan shall be submitted for review and comment to the local tenant organization which represents the development according to the provisions of applicable policies governing resident participation in the affairs of the relocation.

5. All amendments to the RRP shall be submitted for appropriate agency approval as required by state and/or federal law or regulation.

6. The FHA understands any changes to the Relocation plan must be approved by the BOR prior to implementation.

O. LEASED HOUSING

1. The Authority’s Leased Housing Division if applicable shall grant housing subsidy certificates to residents who have requested either temporary or permanent off-site relocation, subject to their availability and household eligibility.