Neighborhood Stablization Program_Use of Excessive ForceDubuque
THE CITY OF ~~,~/
AWl~y
DUB E
1 I
Masterpiece on the Mississippi
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Neighborhood Stabilization Program Requirements for Anti-displacement,
Relocation Assistance and Use of Excessive Force
DATE: October 14, 2009
The Council approved an application to the Iowa Department of Economic Development
(IDED) for a Neighborhood Stabilization Program grant in February 2009. This was
subsequently awarded to the City in the amount of $444,328, with a contract effective
date of April 1.
The Antidisplacementand Relocation Assistance Plan; and Policy on the Prohibition of
the Use of Excessive Force, are required to be adopted by each grantee municipality's
city council as a condition of receipt of the funding award. These require the City to
minimize displacement of persons from their homes, to provide relocation assistance to
lower-income tenants displaced by grant activities and to replace all dwelling units
demolished as a result of grant activities; and to prohibit a municipal law enforcement
agency from using excessive force against individuals engaged in nonviolent civil rights
demonstrations.
Housing and Community Development Department Director David Harris recommends
the City Council approve the Residential Anti-displacement and Relocation Assistance
Plan; and Policy on Prohibition of Use of Excessive Force.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michae C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
David Harris, Housing and Community Development Department Director
TxE cmr of Dubuque
DUB E
1 1
Masterpiece on the Mississippi
2007
TO: Michael \( Milligen, City Manager
FROM: David Hare, Housing and Community Development De artment
p
SUBJECT: Neighborhood Stabilization Program requirements for antidisplacement,
relocation assistance and use of excessive force
DATE: 12 October 09
Introduction
The purpose of this memorandum is to request the City Council to approve the attached
Residential Antidisplacementand Relocation Assistance Plan; and Policy on Prohibition
of Use of Excessive Force, according to the requirements of the Neighborhood
Stabilization Program (NSP.)
Discussion
The Council approved an application to the Iowa Department of Economic Development
(IDED) for a Neighborhood Stabilization Program grant in February 09. This was
subsequently awarded to the City in the amount of $444 328, with a contract effective
date of April 1.
The Antidisplacement and Relocation Assistance Plan; and Policy on the Prohibition of
the Use of Excessive Force, are required to be adopted by each grantee municipality's
city council as a condition of receipt of the funding award. These require the city to
minimize displacement of persons from their homes, to provide relocation assistance to
lower-income tenants displaced by grant activities and to replace all dwelling units
demolished as a result of grant activities; and to prohibit a municipal law enforcement
agency from using excessive force against individuals engaged in nonviolent civil rights
demonstrations.
Dubuque's NSP program activities will result in no displacement or loss of housing
units.
Action Step
The action requested of the City Council is to approve the attached antidisplacement
and relocation assistance plan and policy on prohibition of use of excessive force.
RESOLUTION NO. 416-09
POLICY ON THE PROHIBITON OF THE USE OF EXCESSIVE FORCE
WHEREAS, the City of Dubuque has received federal funding through the Community
Development Block Grant (CDBG) program; and,
WHEREAS, Section 519 of the Department of Veteran Affairs and U.S. Department of
Housing and Urban Development, and Independent Agencies Appropriations Act of
1990 requires that all CDBG recipients adopt and enforce a policy to prohibit the use of
excessive force by law enforcement agencies within the recipient's jurisdiction against
any individuals engaged in non-violent civil rights demonstrations; and
WHEREAS, all recipients of CDBG funds are further required to follow a policy of
enforcing applicable state and local laws against physically barring entrances or exits to
a facility that is the subject of a nonviolent protest demonstration; and
WHEREAS, the City of Dubuque endorses a policy prohibiting the use of excessive
force and will inform all law enforcement agencies within its jurisdiction of this policy,
N®W, `THEREF®RE, 13E Il° RES®LVE®, that the City of Dubuque hereby prohibits any
law enforcement agency operating within its jurisdiction from using excessive force
against any individuals engaged in nonviolent civil rights demonstrations. In addition,
the City of Dubuque agrees to enforce any applicable state or local laws against
physically barring entrances or exits from a facility or location that is the subject of a
non-violent protest demonstration. The City of Dubuque further pledges enforcement of
this policy within its jurisdiction and encourages any individual or group who feels that
the City of Dubuque has not complied with this policy to file a complaint.
Information and assistance relative to excessive force complaints shall be provided by
the City Manager of the City of Dubuque.
Adopted by the City Council of the City of Dubuque, Iowa this 19th day of October, 2009.
Roy D Buol, Mayor
Attest:
Jeanne Schneider, CMC
City Clerk
RESIDENTIAL ANTIDISPLACEMENT AND
RELOCATION ASSISTANCE PLAN
This Residential Antidisplacement and Relocation Assistance Plan (RARAP) is
prepared by the City of Dubuque in accordance with the Housing and Community
Development Act of 1974, as amended; and HUD regulations at 24 CFR 42.325 and is
applicable to our CDBG~, UDAG and/or HOME-assisted projects.
Minimize Disalacement
Consistent with the goals and objectives of activities assisted under the Act, the City of
Dubuque will take the following steps to minimize the direct and indirect displacement of
persons from their homes:
^ Coordinate code enforcement with rehabilitation and housing assistance
programs.
^ Evaluate housing codes and rehabilitation standards in reinvestment areas to
prevent undue financial burden on established owners and tenants.
^ Stage rehabilitation of apartment units to allow tenants to remain in the
building/complex during and after the rehabilitation, working with empty units first.
^ Arrange for facilities to house persons who must be relocated temporarily during
rehabilitation.
^ Adopt policies to identify and mitigate displacement resulting from intensive
public investment in neighborhoods.
^ Adopt policies which provide reasonable protections for tenants faced with
conversion to a condominium or cooperative.
^ Adopt tax assessment policies, such as deferred tax payment plans, to reduce
impact of increasing property tax assessments on lower income owner-
occupants or tenants in revitalizing areas.
^ Establish counseling centers to provide homeowners and tenants with
information on assistance available to help them remain in their neighborhood in
the face of revitalization pressures.
^ Where feasible, give priority to rehabilitation of housing, as opposed to
demolition, to avoid displacement.
^ If feasible, demolish or convert only dwelling units that are not occupied or vacant
occupiable dwelling units (especially those units which are "lower-income
dwelling units" (as defined in 24 CFR 42.305).
^ Target only those properties deemed essential to the need or success of the
project.
Relocation Assistance to Displaced Persons
The City of Dubuque will provide relocation assistance for lower-income tenants who, in
connection with an activity assisted under the CDBG and/or HOME Programs, move
permanently or move personal property from real property as a direct result of the
demolition of any dwelling unit or the conversion of slower-income dwelling unit in
accordance with the requirements of 24 CFR 42.350. A displaced person who is not a
lower-income tenant, will be provided relocation assistance in accordance with the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended, and implementing regulations at 49 CFR Part 24.
One-for-One Replacement of Lower-Income Dwelling Units
The City of Dubuque will replace all occupied and vacant occupiable lower-income
dwelling units demolished or converted to a use other than lower-income housing in
connection with a project assisted with funds provided under the CDBG and/or HOME
Programs in accordance with 24 CFR 42.375.
Before entering into a contract committing the City of Dubuque to provide funds for a
project that will directly result in demolition or conversion of lower-income dwelling units,
the City of Dubuque will make public by publishing in a newspaper of general circulation
and submit to HUD and/or HOME Programs the following information in writing:
1. A description of the proposed assisted project;
2. The address, number of bedrooms, and location of a map of lower-income
dwelling units that will be demolished or converted to a use other than as lower-
income dwelling units as a result of an assisted project;
3. A time schedule for the commencement and completion of the demolition or
conversion;
4. To the extent known, the address, number of lower-income dwelling units by size
(number of bedrooms) and location on a map of the replacement lower-income
housing that has been or will be provided.
5. The source of funding and a time schedule for the provision of the replacement
dwelling units;
6. The basis for concluding that each replacement dwelling unit will remain alower-
income dwelling unit for at least 10 years from the date of initial occupancy; and
7. Information demonstrating that any proposed replacement of lower-income
dwelling units with smaller dwelling units (e.g., a 2-bedroom unit with two 1-
bedroom units), or any proposed replacement of efficiency or single-room
occupancy (SRO) units with units of a different size, is appropriate and consistent
with the housing needs and priorities identified in the HUD-approved
Consolidated Plan and 24 CFR 42.375(b).
To the extent that the specific location of the replacement dwelling units and other data
in items 4 through 7 are not available at the time of the general submission, the City of
Dubuque will identify the general location of such dwelling units on a map and complete
the disclosure and submission requirements as soon as the specific data is available.
Replacement not Required Based on Unit Availabili
Under 24 CFR 42.375(d), the City of Dubuque may submit a request to HUD for a
determination that the one-for-one replacement requirement does not apply based on
objective data that there is an adequate supply of vacant lower-income dwelling units in
standard condition available on anon-discriminatory basis within the area.
Contacts
The Housing and Community Development Department is responsible for tracking the
replacement of lower income dwelling units and ensuring that they are provided within
the required period.
The Housing and Community Development Department office is responsible for
providing relocation payments and other relocation assistance to any lower-income
person displaced by the demolition of any dwelling unit or the conversion of lower-
income dwelling units to another use.