Relocation Assistance Claim - California

RELOCATION ASSISTANCE CLAIM — CALIFORNIA

SUBMITTED TO THE DISPLACING AGENCY — NOT A COURT PLEADING

I. INTRODUCTION AND STATUTORY BASIS

This is a formal claim for relocation assistance benefits submitted by [CLAIMANT NAME] ("Claimant"), a displaced person within the meaning of Cal. Gov. Code § 7260(c), in connection with the acquisition of the above property by [DISPLACING AGENCY] ("Agency") for the [PROJECT].

This claim is made under the California Relocation Assistance Act, Cal. Gov. Code § 7260 et seq., and the state Relocation Assistance Guidelines, 25 C.C.R. § 6000 et seq. Because the Project [☐ is / ☐ is not] funded in whole or part with federal financial assistance, this claim is also made under the federal Uniform Relocation Assistance Act, 42 U.S.C. § 4601 et seq. (including §§ 4622–4625), and 49 C.F.R. Part 24. Where state and federal benefit levels differ, Claimant claims the higher applicable amount, as provided by the Title 25 Guidelines and Gov. Code § 7264.5 (housing of last resort).

Relocation benefits are separate from, and in addition to, just compensation for the property acquired. Cal. Gov. Code § 7263(a); 42 U.S.C. § 4651(3). This claim does not waive, reduce, or duplicate any claim for just compensation or for loss of business goodwill (Cal. Code Civ. Proc. § 1263.510).

II. CLAIMANT AND DISPLACEMENT DETAILS

Claimant category (select one or more):

☐ Residential owner-occupant — owned and occupied the dwelling for not less than 180 days before initiation of negotiations (Gov. Code § 7263)
☐ Residential owner-occupant (90–179 days) — owned and occupied at least 90 but fewer than 180 days (Gov. Code § 7264(c))
☐ Residential tenant — lawfully occupied the dwelling for not less than 90 days before initiation of negotiations (Gov. Code § 7264)
☐ Business (Gov. Code § 7262; 49 C.F.R. § 24.304)
☐ Farm operation (Gov. Code § 7262; 49 C.F.R. § 24.304)
☐ Nonprofit organization (Gov. Code § 7262; 49 C.F.R. § 24.304)

III. ELIGIBILITY

Claimant certifies eligibility as a "displaced person" under Cal. Gov. Code § 7260(c) and, where applicable, 49 C.F.R. § 24.2(a):

☐ Claimant moved (or will move) from the property as a direct result of the Agency's written notice of intent to acquire, initiation of negotiations, or acquisition for the Project.
☐ Claimant is lawfully present in the United States (49 C.F.R. § 24.208; Gov. Code § 7269 record requirements).
☐ Claimant is not an unlawful occupant and did not occupy the property solely to obtain benefits.
☐ For owner-occupant claims: Claimant owned and occupied for the required period stated in Section II.
☐ For tenant claims: Claimant lawfully occupied for not less than 90 days before initiation of negotiations.

IV. ITEMIZED BENEFITS CLAIMED

(a) Moving Expenses — Gov. Code § 7262; 49 C.F.R. §§ 24.301–24.305

Method (residential): ☐ Actual reasonable expenses (documented) ☐ Fixed moving-expense and dislocation allowance (per published schedule, Gov. Code § 7262(b); 49 C.F.R. § 24.302)

(b) Replacement-Housing Payment / Rental Assistance / Down-Payment

Owner-occupant (180-day) — Gov. Code § 7263 (state cap $22,500; federal 90-day cap $41,200, 49 C.F.R. § 24.401)

Applicable cap: ☐ $22,500 (state, 180-day) ☐ $41,200 (federal, 90-day, federally funded) ☐ Amount exceeding cap claimed as last-resort housing under Gov. Code § 7264.5 / 49 C.F.R. § 24.404

Tenant / 90-day occupant — Gov. Code § 7264 (state cap $5,250; federal cap $9,570, 49 C.F.R. § 24.402)

Applicable cap: ☐ $5,250 (state) ☐ $9,570 (federal, federally funded) ☐ Last-resort amount under § 7264.5 / 49 C.F.R. § 24.404

(c) Business / Farm Reestablishment + Fixed Payment In Lieu

(d) Incidental / Closing Costs

(e) Advisory Services — Gov. Code § 7261; 42 U.S.C. § 4625; 49 C.F.R. § 24.205

☐ I was offered advisory assistance and at least one comparable replacement dwelling/site.
☐ I was informed of my relocation rights, benefits, and the appeal process.
☐ I was NOT provided required advisory services (explain): [________________________________]

Supporting-Documentation Checklist (attach all that apply)

☐ Copy of notice of displacement / eligibility / 90-day notice to vacate
☐ Proof of occupancy and dates (lease, deed, utility bills, tax records)
☐ Moving estimates (2 recommended) and/or paid invoices and receipts
☐ Settlement statement / closing disclosure for replacement dwelling
☐ Mortgage documents (acquired and replacement dwellings)
☐ Comparable replacement dwelling/site referrals from the Agency
☐ Business: 3–5 years of tax returns, profit-and-loss statements (fixed in-lieu basis)
☐ Itemized inventory and photographs of personal property moved
☐ Receipts for reestablishment / search expenses
☐ Other: [________________________________]

TOTAL RELOCATION ASSISTANCE CLAIMED

TOTAL CLAIM: $[____________]

V. STATUTORY BASIS AND CAPS (STATE + FEDERAL)

1. Moving expenses. Gov. Code § 7262 entitles any displaced person to actual reasonable moving and related expenses, or a fixed schedule allowance; search up to $1,000 and reestablishment up to $10,000 (state). For federally funded projects, 49 C.F.R. §§ 24.301–24.305 raise search to $5,000, reestablishment to $33,200, and the fixed in-lieu (business/farm) ceiling to $53,200.
2. Owner replacement housing. Gov. Code § 7263 provides up to $22,500 to a 180-day owner-occupant; the federal counterpart (49 C.F.R. § 24.401) provides up to $41,200 to a 90-day owner-occupant.
3. Tenant assistance. Gov. Code § 7264 provides up to $5,250 rental assistance (up to 42 months) or down-payment; the federal counterpart (49 C.F.R. § 24.402) provides up to $9,570.
4. Housing of last resort. Where comparable replacement housing cannot be obtained within the statutory caps, the Agency must provide additional payments under Gov. Code § 7264.5 and 49 C.F.R. § 24.404 to make the move possible.
5. Claim period. A claim should be filed within 18 months of the later of the date Claimant moves or the date of final acquisition payment. 49 C.F.R. § 24.207(d); 25 C.C.R. § 6088.

VI. DEMAND FOR DETERMINATION AND PAYMENT

Claimant demands that the Agency:

1. Determine eligibility and approve and pay the benefits itemized in Section IV, totaling $[____________]; and
2. Within [____] days of the date of this claim (and in no event later than [__/__/____]), provide a written determination, including the amount approved for each category and, for any denial or reduction, the specific reasons and the applicable statute or regulation.

If the Agency fails to issue a timely written determination, Claimant will treat the claim as denied for purposes of pursuing the appeal described below.

VII. RESERVATION OF RIGHTS AND APPEAL

1. Relocation benefits are in addition to just compensation. This claim does not waive, settle, or reduce Claimant's right to just compensation for the property taken (Cal. Const. art. I, § 19; Cal. Code Civ. Proc. § 1263.310 et seq.) or to loss of business goodwill (Cal. Code Civ. Proc. § 1263.510), and is not to be offset against or duplicated by those amounts.

2. Administrative appeal. If this claim is denied or reduced, Claimant has the right to appeal under Cal. Gov. Code § 7266 and 25 C.C.R. §§ 6150–6176, and, for federally funded projects, under 49 C.F.R. § 24.10. Claimant may:
   ☐ Request a written explanation of the determination;
   ☐ File a written appeal with the Agency within the time the Agency allows (at least the federal minimum where applicable);
   ☐ Obtain review by an official not involved in the original determination, present evidence, and be represented by counsel;
   ☐ Seek judicial review (administrative mandamus, Cal. Code Civ. Proc. § 1094.5) if the administrative appeal is denied.

3. Claimant reserves the right to amend or supplement this claim as additional expenses are incurred or documentation becomes available.

VIII. CERTIFICATION AND SIGNATURE

I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that the expenses claimed were actually incurred, or will be incurred, in connection with my displacement from the identified property.

Claimant Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

Prepared by / Representative (if any):

[________________________________]
☐ Attorney for Claimant — State Bar of California No. [__________]
[FIRM NAME] · [ADDRESS] · Tel: [__________] · Email: [__________]

IX. CALIFORNIA PRACTICE NOTES

• State framework applies broadly. The California Relocation Assistance Act (Gov. Code § 7260 et seq.) and the Title 25 Guidelines (25 C.C.R. § 6000 et seq.) apply to all public-entity acquisitions in California, not only federally funded ones. This is a strong, self-standing state scheme.
• Federal overlay. When federal funds participate, the URA (42 U.S.C. § 4601 et seq.) and 49 C.F.R. Part 24 also apply; the Guidelines direct conformity with the federal program, and the higher benefit amounts (e.g., $41,200 owner / $9,570 tenant / $33,200 reestablishment / $53,200 fixed) generally control, with amounts above the state caps paid as § 7264.5 last-resort housing.
• Occupancy thresholds differ. State § 7263 uses a 180-day owner-occupancy threshold and a $22,500 cap; the federal RHP uses a 90-day threshold and a $41,200 cap. Identify which controls for the project.
• Lead agency. The state Department of Housing and Community Development administers the Guidelines; the acquiring agency (often Caltrans for highway projects, or a city/county/redevelopment successor agency) administers benefits.
• Deadline. File within 18 months; confirm the Agency's specific deadline and appeal window.
• No double recovery. Relocation payments are not just compensation (the property value) and may not duplicate goodwill (CCP § 1263.510). Keep the claims separate and documented.

X. SOURCES AND REFERENCES

• Cal. Gov. Code § 7260 et seq. (California Relocation Assistance Act) — https://leginfo.legislature.ca.gov/
• Cal. Gov. Code § 7262 (moving/reestablishment) — https://codes.findlaw.com/ca/government-code/gov-sect-7262/
• Cal. Gov. Code § 7263 (owner replacement housing, $22,500) — https://codes.findlaw.com/ca/government-code/gov-sect-7263/
• Cal. Gov. Code § 7264 (tenant rental/down-payment, $5,250) — https://codes.findlaw.com/ca/government-code/gov-sect-7264/
• Cal. Gov. Code § 7264.5 (housing of last resort); § 7266 (appeals)
• 25 C.C.R. § 6000 et seq. (Relocation Assistance Guidelines) — https://www.law.cornell.edu/regulations/california/25-CCR-6000
• 42 U.S.C. §§ 4622–4625 (federal URA) — https://uscode.house.gov/
• 49 C.F.R. Part 24 (federal URA regulations; §§ 24.301, 24.304, 24.305, 24.401, 24.402, 24.404, 24.10) — https://www.ecfr.gov/current/title-49/subtitle-A/part-24
• 2024 URA rule (cap increases) — https://www.federalregister.gov/documents/2024/05/03/2024-08736/

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. Relocation benefits, caps, and deadlines vary by funding source and are governed by both California law and the federal Uniform Relocation Act. An attorney licensed in California should review and customize this claim before filing. Verify all citations and current benefit amounts before relying on them.