Niles — Ch. 58 Human Relations § 58-57

If the property is acquired, but will not be used for low/moderate income housing under 104(d) of the Housing and Community Development Act of 1974, as amended, the displacement and relocation plan shall provide that before obligating and spending funds that will directly result in such demolition or conversion the municipality will make public and submit to the Illinois Department of Commerce and Economic Opportunity (DCEO) the following information: (a)
Comparable replacement housing in the community within three years of the commencement date of the demolition or rehabilitation;
(b) A description of the proposed activity;
(c) The general location on a map and appropriate number of dwelling units by number of bedrooms that will be demolished or converted to a use other than as low and moderate income dwelling units as a direct result of the assisted activity;
(d) A time schedule for the commencement and completion date of the demolition or conversion;
(e) The general location on a map and appropriate number of dwelling units by number of bedrooms that will be provided as replacement dwelling units;
(f) The source of funding and a time schedule for the provision of replacement dwelling units;
(g) The basis for concluding that each replacement dwelling unit will remain a low and moderate income dwelling unit for at least ten years from the date of initial occupancy;
(h) Relocation benefits for all low or moderate income persons shall be provided, including reimbursement for moving expenses, security deposits, credit checks, temporary housing, and other related expenses and either:
(1) Sufficient compensation to ensure that, at least for five years after being relocated, any displaced low/moderate income household shall not bear a ratio of shelter costs to income that exceeds 30 percent, or:
(2) If elected by a family, a lump-sum payment equal to the capitalized value of the compensation available under subparagraph (1) above to permit the household to secure participation in a housing cooperative or mutual housing association, or a Section 8 certificate of voucher for rental assistance.
(i) Persons displaced shall be relocated into comparable replacement housing that is decent, safe, and sanitary, adequate in size to accommodate the occupants, functionally equivalent, and in an area not subject to unreasonably adverse environmental conditions;
(j) Provide that persons displaced have the right to elect, as an alternative to the benefits in subparagraph (2) above, to received benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 if such persons determine that it is in their best interest to do so;
(k) The right of appeal to the executive director of DCEO where a claim for assistance under subparagraph (2) above, is denied by the grantee. The executive director's decision shall be final unless a court determines the decision was arbitrary and capricious;
(l) Paragraphs (a) through (k) above shall not apply where the HUD Field Office objectively finds that there is an adequate supply of decent, affordable low/moderate income housing in the area;
(m) Consistent with the goals and objectives of activities assisted under the Act, the Village of Niles will take the following steps to minimize the displacement of persons from their homes:
All public facilities projects (water, sewer, gas, etc.) will be designed so that there will be not displacement of any residences or business;
No homes will be demolished that can be reasonably rehabilitated; and
There will be no displacement of any residential or business occupants on CDBG projects.