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03/10/1997 15:17 503-297-2835 Hq~yq ~y <br />PAGE 02 <br />~'' `~.~rd' <br />5) 90-day Notitx: Mr. Cmwell in~axrectly states that the 90-day pcriod befvre "eviction" (we <br />usc thc ward "relocation") cannot bcgin until you own the building. In actuality, the 90-day <br />notice is given (and the pcriod begins) on the date the tenant is given a summary of benefits with <br />thc dallar amount of the bet~efit. <br />b) Appc~l: The pubiic agency d~termanes the relocadon benefit based on a r~ntai study; the <br />tenant can appesl the dedermination. The relocation appeal process and hea~i,ng concerning th~e <br />det~rmirtat~on of eligibility c~r amount of payment shall be conducted as a contested case pursuant <br />to ttae Qr~gon Adm~tustxative Procedures Act, ORS 1$3.3 ~U ta 183.550. <br />Mr. C~owell's entire claim is based upon the fact that he ce~ceived v~rbai commitment fax a~ <br />speci~iai ~t assistance which was later chan~ed. Unless h~ has been harmed, the public <br />a$eticy car- change/update tho benefits as conditions change xn the market place, This is tnte <br />both af the housing addidve and the rent supplement. It should go withaut statement that it is <br />not good public policy ta malce these changes. How~v~r, it is my qpinion that you have not <br />~io~~t~ed any part of the Relocation Act by making these changes assuming no harm to Mr. <br />Cmwell. As I have stated on prcvious occasions, the best policy is to be consistent and treat <br />"a11" t~e~ants in the same way. Aft.cr completing a rent study, all tenants in the same <br />circumstances should received essentially the same rent assistance payment. You may want to <br />get an opinion on these issues fmm Any Andersvn, ODOT. <br />No of Pages: ~, (Including Cov~r Page) <br />