Financial- Cromwell, Samuel (Previous Tenant)

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H~~ M~~~~Y PAGE 01 ~`... ~: I-~axin~, McEldowney & Associates 8835 S. W. Cxnyon Laae, Suite 4Q5 Portland~ OR 97~25 TBL No.: (503) 297-95$$ FAX No.: {503) 297-2$~S FAX MEMO p~T~% Mazch 10, 199'7 TU: Dan Berrey (Fax ~~fi4-14S3) ~~M= Roger Hanna $~-C~': Letter from Sam Crnwell d~ted 3-5-97 Ssmuel Crcywell, tenant at Sti3 Court Street #1, has raised sevcral issues regarding his relacatian as part af the Cou~k ~Iouse Square pmject. 1) The "oral contract" with I..aurie Andrews on February 1'7, 1997: This is a"legal" issue for your attorney. It is my view that the offering of relacatian benefits does nc~t create a contract ~nymore th~rt the Stat~ of Oregon creates a contract by rcturning a portion of ane's personal income tax„es though an action required by the operation of law. The tenant, by l~w, is ent~it~ed to reldcatian benefits as determi,~l by the public agency. 2) Negodatians: RClocation bene~ts a~e not "negotiated" betwoen the public agency and the re~acatee. I know of no tequirement in the Relocation Act that allows ar gives the tenant the right to determine relocation ben~fits. The determination of the benefit is exclusivety in the dpm~in of the public agency. However, the tenant has the right to appeal a determination. 3) "Aet un the offer": Iv~y interpret~tion of the Relocation Act sug~ests that if a tenant acts and binds himself inDO a rental agt'eement base~ on infarmation suppticd by a r~locadon agent, then the public agency must prov~de the benefit. Hawever, a mistake or error in determining the monetary benefit should not bind the agency "unless" the tenant has leased a replacement dwelling bas~ ~on the initial determinatian. This reading of the act is implied by section fi.b84, ODOT mat~-ual. Since Mr. Crowell has not bound himself by a lease, I do riot think the County is bound by a prior verbal statemient of benefit. 4) Re~~tal study: Mr. Crowelt is eannect in his statement that the benefit calculatic,n shall be ba~ed on the lesser of his rent (plus utilit~es) or 3096 af his average "gross" monthly hauseho~d income. (Se~ section 6.503, ODOT.} However, the tenant must provid~ verification of his mqnthly "gross" income such as a pay receipt ar income tax return. If the tenasit refuses to do so, the base rent is assumed to be within the tenants financial means. Gross manthly income means income from a11 sources (including parents, work, public agencies, etc.) and presumably grdnts, tuit~on waivexs, etc. You may want l~gal advice on this interpretation if veri~cation of income becomes a signxficant issue with Mr. ~rowell. ..',.~ ~ ~~ i_~~ I ,; ~ _ i~t. , I , ' ._. _ _ _ __ _..__. .__ ~