Cal. Code Regs. tit. 25 § 6004

Current through Register 2024 Notice Reg. No. 43, October 25, 2024

Section 6004 - Applicability and Supersedure

(a) Except as otherwise noted in this section, the Guidelines are applicable to all displacement and acquisition occurring on or after their effective date, January 1, 1977.

(b) These Guidelines supersede those adopted by the Commission of Housing and Community Development on October 17, 1973. The guidelines so superseded shall not apply to any displacement or acquisition occurring on or after the effective date of these Guidelines. Any such displacement or acquisition shall be governed solely by these Guidelines and the California Relocation Act, found at Government Code section 7260 et seq.

The provisions of these Guidelines, however, shall not be construed retroactively to apply to action(s) undertaken by a public entity prior to their effective date where the purpose of the action was to fulfill obligations imposed by the Act and the action is in compliance with the requirements of the Act and the existing Guidelines. For the purpose of this section the term "action" shall include but is not limited to: the provision of information, notice, other assistance, comparable replacement housing, payments and other benefits; the preparation of relocation and last resort housing plans, including the survey and analysis of needs and resources; the processing of grievances; and the various steps taken in connection with the acquisition of property for public use.

These guidelines shall apply to relocation plans and notices to displacees subsequent to the effective date of any regulatory provision. The right of displacees shall not be reduced in reliance on any amendment to these guidelines where it may be demonstrated that the displacee has acted in reliance on a notice given to that household prior to the effective date of any guideline.

(c) To the extent that these Guidelines are from time to time amended, the amendments shall be effective prospectively from the date that they become effective.

Cal. Code Regs. Tit. 25, § 6004

1. Amendment of subsection (b) filed 11-5-76 as an emergency; designated effective 11-27-76 (Register 76, No. 44).
2. Certificate of Compliance filed 2-16-77 (Register 77, No. 8).
3. Amendment of section and new NOTE filed 8-12-97; operative 9-11-97 (Register 97, No. 33).

Note: Authority cited: Section 50460, Health and Safety Code. Reference: Article 4, Section 8, California Constitution.

1. Amendment of subsection (b) filed 11-5-76 as an emergency; designated effective 11-27-76 (Register 76, No. 44).
2. Certificate of Compliance filed 2-16-77 (Register 77, No. 8).
3. Amendment of section and new Note filed 8-12-97; operative 9-11-97 (Register 97, No. 33).