Opinion
AGLIANO, P. J.
Introduction
By enacting the Relocation Assistance Act, the Legislature has provided that a public entity which acquires real property for public use must supply relocation assistance to any person, business, or farm operation displaced as a result of the acquisition. (Gov. Code, § 7260 et seq.)1 A “displaced” person includes one whose right of possession to real property arose after the date of the public entity’s acquisition of such property but who had no notice of the acquisition. (§ 7260, subd. (c)(1).) The act authorizes advisory assistance (§ 7261), moving expenses (§ 7262), cash payments to displaced dwelling owners (§ 7263), cash payments to certain lessees to assist them in obtaining comparable replacement housing (§ 7264), and “last resort housing” which the public entity is to itself provide where comparable replacement housing is otherwise unavailable (§ 7264.5).
Plaintiffs2 appeal to resolve which relocation benefits they are eligible for. Originally, they were denied all assistance; on review, the California Relo[470]*470cation Appeals Board (Board) found plaintiffs were displaced persons and ordered moving expenses; on mandamus, the superior court ordered moving expenses and advisory assistance only. We will reverse, holding plaintiffs entitled to be considered for last resort housing as well.
We initially point out that this appeal by plaintiffs focuses primarily upon the benefits to which the plaintiffs, as displaced persons within the meaning of the statute, may be entitled. We, as did the trial court, have questions whether plaintiffs qualify as displaced persons in the first place. That issue, however, is precluded by the posture of the case before us and the findings and conclusions reached below from which no appeal has been taken.
Facts
On June 13, 1974, the state purchased Wilder Ranch, a tract of agricultural land north of Santa Cruz, contemplating later development and use of the property as a recreational park. Pending development, the state leased the land to Pfyffer Brothers Ranch. On June 15, 1982, the lease was assigned to P. Bargiacchi and Son (Bargiacchi).
The lease provided: “8. Lessee agrees to use the leased premises for the production of vegetable crops and for no other purposes. . . . [If] 12. Lessee shall not, without previous consent in writing of State, sublet the Premises in whole or in part, nor assign this lease or any interest herein. . . . [fl] 28. It is understood and agreed that the improvements on the subject property belong to the Lessee and at termination of this lease, Lessee may remove the same within 60 days of said termination. If the improvements are not removed within said 60-day period, title thereto shall revert to the State.” On January 1, 1985, a new lease was executed between the state and Bargiacchi containing similar provisions.
The improvements referred to in each lease were six residential units. Beginning in September 1982, plaintiffs leased these units from Bargiacchi under 30-day agreements. Plaintiffs were not employed to assist in “the production of vegetable crops” and Bargiacchi did not obtain prior written consent from the state to sublet.
Bargiacchi informed the state in October 1985 that nonagricultural workers were occupying the residential buildings. On March 3, 1986, the state informed Bargiacchi he was in violation of the lease. Thereafter, Bargiacchi brought unlawful detainer actions against plaintiffs. Meanwhile, as of November 20, 1985, the Office of Real Estate Services of the Department of General Services, on behalf of parks and recreation officials, began considering the purchase of the structures occupied by plaintiffs. During the negoti[471]*471ations the parties to the January 1985 lease drafted a first amendment to lease, dated February 1, 1986. In this amendment, which would have taken effect on August 1, 1986, the three acres upon which the residential structures stood would have been deleted from the Bargiacchi leasehold in exchange for reduced rent. The Department of General Services, the state agency with final power of approval of state leases and their amendments, never executed the amendment.
Plaintiffs applied for and were denied all relocation assistance following their receipt of notices terminating their tenancies of buildings located on state-owned land. They then sought administrative review before the Board. Following the administrative hearing, but before the Board issued its decision, plaintiffs also filed an action to enjoin the unlawful detainer actions pending against them in municipal court. (Garcia et al. v. Anthony et al. (Super.Ct. Santa Cruz County, No. 100990).) Since the instant action encompassed essentially the same issues raised in the unlawful detainer action, the parties stipulated to consolidate the two actions and to maintain the status quo pending resolution of the mandamus action.
The Board determined that plaintiffs were “post acquisition tenants who had no knowledge the land was state owned, as defined in Government Code Section 7260(c)(1)” and decided that they were entitled to moving expenses only. Plaintiffs challenged the limitation of benefits by petition for writ of mandate in the Santa Cruz Superior Court seeking a determination that their status as displaced persons qualified them to be considered for additional benefits including last resort housing. While expressing doubt as to the Board’s conclusion that plaintiffs were displaced persons within the meaning of the statute, the court, noting defendants’3 concession as to that question, and deeming it equitable to do so, agreed with the Board’s conclusion as to plaintiffs’ status. The court denied, however, plaintiffs’ claim to consideration for a money payment or last resort housing, finding instead that plaintiffs’ entitlements were limited to moving expenses and advisory assistance. The court also dissolved the stay of prosecution of the unlawful detainer actions, effective October 1, 1987. Plaintiffs vacated the property on October 31, 1987.
Discussion
As noted above, the Relocation Assistance Act facilitates the resettlement of residents of property who are displaced by a public entity’s acquisition of the property for public use. The Department of Housing and Community [472]*472Development has been authorized to adopt guidelines to implement the act.4 “The [Relocation Assistance] Act and the Guidelines are intended for the benefit of displaced persons, to ensure that such persons receive fair and equitable treatment and do not suffer disproportionate injuries as the result of programs designed for the benefit of the public as a whole. The Act, Guidelines and all applicable regulations on which determinations are based shall be construed to effect this intent.” (Cal. Code Regs., tit. 25, § 6002, subd. (e), italics added.) Further, the provisions of the Relocation Assistance Act are to be construed as a whole. (McKeon v. Hastings College (1986) 185 Cal.App.3d 877, 896 [230 Cal.Rptr. 176], and cases cited therein.)
Pursuant to the act, after a tenant is designated a displaced person, that tenant is entitled to advisory assistance (§ 7261)5 and moving expenses (§ 7262).6 Noteworthy is the provision that advisory assistance includes [473]
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Opinion
AGLIANO, P. J.
Introduction
By enacting the Relocation Assistance Act, the Legislature has provided that a public entity which acquires real property for public use must supply relocation assistance to any person, business, or farm operation displaced as a result of the acquisition. (Gov. Code, § 7260 et seq.)1 A “displaced” person includes one whose right of possession to real property arose after the date of the public entity’s acquisition of such property but who had no notice of the acquisition. (§ 7260, subd. (c)(1).) The act authorizes advisory assistance (§ 7261), moving expenses (§ 7262), cash payments to displaced dwelling owners (§ 7263), cash payments to certain lessees to assist them in obtaining comparable replacement housing (§ 7264), and “last resort housing” which the public entity is to itself provide where comparable replacement housing is otherwise unavailable (§ 7264.5).
Plaintiffs2 appeal to resolve which relocation benefits they are eligible for. Originally, they were denied all assistance; on review, the California Relo[470]*470cation Appeals Board (Board) found plaintiffs were displaced persons and ordered moving expenses; on mandamus, the superior court ordered moving expenses and advisory assistance only. We will reverse, holding plaintiffs entitled to be considered for last resort housing as well.
We initially point out that this appeal by plaintiffs focuses primarily upon the benefits to which the plaintiffs, as displaced persons within the meaning of the statute, may be entitled. We, as did the trial court, have questions whether plaintiffs qualify as displaced persons in the first place. That issue, however, is precluded by the posture of the case before us and the findings and conclusions reached below from which no appeal has been taken.
Facts
On June 13, 1974, the state purchased Wilder Ranch, a tract of agricultural land north of Santa Cruz, contemplating later development and use of the property as a recreational park. Pending development, the state leased the land to Pfyffer Brothers Ranch. On June 15, 1982, the lease was assigned to P. Bargiacchi and Son (Bargiacchi).
The lease provided: “8. Lessee agrees to use the leased premises for the production of vegetable crops and for no other purposes. . . . [If] 12. Lessee shall not, without previous consent in writing of State, sublet the Premises in whole or in part, nor assign this lease or any interest herein. . . . [fl] 28. It is understood and agreed that the improvements on the subject property belong to the Lessee and at termination of this lease, Lessee may remove the same within 60 days of said termination. If the improvements are not removed within said 60-day period, title thereto shall revert to the State.” On January 1, 1985, a new lease was executed between the state and Bargiacchi containing similar provisions.
The improvements referred to in each lease were six residential units. Beginning in September 1982, plaintiffs leased these units from Bargiacchi under 30-day agreements. Plaintiffs were not employed to assist in “the production of vegetable crops” and Bargiacchi did not obtain prior written consent from the state to sublet.
Bargiacchi informed the state in October 1985 that nonagricultural workers were occupying the residential buildings. On March 3, 1986, the state informed Bargiacchi he was in violation of the lease. Thereafter, Bargiacchi brought unlawful detainer actions against plaintiffs. Meanwhile, as of November 20, 1985, the Office of Real Estate Services of the Department of General Services, on behalf of parks and recreation officials, began considering the purchase of the structures occupied by plaintiffs. During the negoti[471]*471ations the parties to the January 1985 lease drafted a first amendment to lease, dated February 1, 1986. In this amendment, which would have taken effect on August 1, 1986, the three acres upon which the residential structures stood would have been deleted from the Bargiacchi leasehold in exchange for reduced rent. The Department of General Services, the state agency with final power of approval of state leases and their amendments, never executed the amendment.
Plaintiffs applied for and were denied all relocation assistance following their receipt of notices terminating their tenancies of buildings located on state-owned land. They then sought administrative review before the Board. Following the administrative hearing, but before the Board issued its decision, plaintiffs also filed an action to enjoin the unlawful detainer actions pending against them in municipal court. (Garcia et al. v. Anthony et al. (Super.Ct. Santa Cruz County, No. 100990).) Since the instant action encompassed essentially the same issues raised in the unlawful detainer action, the parties stipulated to consolidate the two actions and to maintain the status quo pending resolution of the mandamus action.
The Board determined that plaintiffs were “post acquisition tenants who had no knowledge the land was state owned, as defined in Government Code Section 7260(c)(1)” and decided that they were entitled to moving expenses only. Plaintiffs challenged the limitation of benefits by petition for writ of mandate in the Santa Cruz Superior Court seeking a determination that their status as displaced persons qualified them to be considered for additional benefits including last resort housing. While expressing doubt as to the Board’s conclusion that plaintiffs were displaced persons within the meaning of the statute, the court, noting defendants’3 concession as to that question, and deeming it equitable to do so, agreed with the Board’s conclusion as to plaintiffs’ status. The court denied, however, plaintiffs’ claim to consideration for a money payment or last resort housing, finding instead that plaintiffs’ entitlements were limited to moving expenses and advisory assistance. The court also dissolved the stay of prosecution of the unlawful detainer actions, effective October 1, 1987. Plaintiffs vacated the property on October 31, 1987.
Discussion
As noted above, the Relocation Assistance Act facilitates the resettlement of residents of property who are displaced by a public entity’s acquisition of the property for public use. The Department of Housing and Community [472]*472Development has been authorized to adopt guidelines to implement the act.4 “The [Relocation Assistance] Act and the Guidelines are intended for the benefit of displaced persons, to ensure that such persons receive fair and equitable treatment and do not suffer disproportionate injuries as the result of programs designed for the benefit of the public as a whole. The Act, Guidelines and all applicable regulations on which determinations are based shall be construed to effect this intent.” (Cal. Code Regs., tit. 25, § 6002, subd. (e), italics added.) Further, the provisions of the Relocation Assistance Act are to be construed as a whole. (McKeon v. Hastings College (1986) 185 Cal.App.3d 877, 896 [230 Cal.Rptr. 176], and cases cited therein.)
Pursuant to the act, after a tenant is designated a displaced person, that tenant is entitled to advisory assistance (§ 7261)5 and moving expenses (§ 7262).6 Noteworthy is the provision that advisory assistance includes [473]*473“assuring” that prior to displacement there will be available reasonably adequate replacement housing for the displaced person who needs it. (§7261, subd. (c)(3).)
In addition to advisory assistance and moving expenses, a displaced person may also be eligible to receive a money payment to enable the tenant to lease or rent or make a down payment on a comparable dwelling. (§ 7264.)7 However, to be eligible for the latter benefit, a person must have occupied the property from which he or she is displaced at least 90 days prior to the initiation of negotiations for its acquisition. (Ibid.) Plaintiffs who are post-acquisition tenants without notice do not meet that residency requirement.
In issue here is the provision that where comparable replacement housing is not and cannot be made available, the public entity itself shall provide such housing for any displaced person. Section 7264.5 provides in relevant part: “(a) If comparable replacement housing is not available and the public entity determines that comparable replacement housing cannot otherwise be made available, the public entity shall use funds authorized for the project for which the real property, or interest thereof, is being acquired to provide that housing, [fl] (b) No person shall be required to move from his dwelling because of its acquisition by a public entity, unless there is replacement housing, as described in paragraph (3) of subdivision (c) of Section 7261, available to him.”
[474]*474Defendants contend that section 7264.5 must be read as part of section 7264 and it is therefore limited by the same 90-day residency requirement. We disagree.8
Sections 7264 and 7264.5 have diiferent legislative histories, suggesting their treatment as interdependent provisions is not warranted. In 1971, the Legislature amended the relocation assistance law “to implement the 1970 federal enactment and to extend comparable benefits, statewide and payable by the state and its political subdivisions, to persons disaffected by any acquisition of land under the eminent domain law after July 1, 1972.” (City of Mountain View v. Superior Court (1975) 54 Cal.App.3d 72, 78, italics in original.) This legislation included sections 7264.5 and 7261, subdivision (c)(3). (Stats. 1971, ch. 1574, § 6, p. 3159; § 2, p. 3155.)9In contrast, section 7264 was first added to the Government Code by Statutes 1969, chapter 1489, section 1, page 3043. In 1971, it received only minor revisions. (Stats. 1971, ch. 1574, § 5, p. 3158.) Section 7264 was also amended in 1977. (Stats. 1977, ch. 395, § 2, p. 1391.)
Further, the guidelines implementing section 7260 et seq. do not purport to condition eligibility for last resort housing on a displaced person’s residence prior to the government’s acquisition of the property. California Code of Regulations, title 25, section 6054, subdivision (a) provides that “No eligible person shall be required to move from his dwelling because of the action of a public entity unless comparable replacement housing is available to him.” Subdivision (b) of that same section requires that comparable [475]*475replacement housing “be available as required” before the project can proceed. While section 6104, subdivision (b), outlines eligibility requirements for payments for replacement housing, no such requirements are mentioned in connection with last resort housing. (Cal. Code Regs., tit. 25, §§ 6120-6138.) Thus, administrative construction of section 7264.5 also supports plaintiffs’ position on their eligibility for benefits. (Industrial Indemnity Co. v. Workers’ Comp. Appeals Bd. (1985) 165 Cal.App.3d 633, 638 [211 Cal.Rptr. 683].)
Defendants contend interpretation of section 7264.5 independently from section 7264 renders the latter a nullity. They reason that if section 7264.5 is available to all displaced persons whether or not they satisfy the residency requirement, then one could simply ignore the residency requirement of section 7264 in order to receive maximum assistance. Defendants, however, misconceive the legislative scheme and the purpose of each section. By its express terms section 7264.5 applies only where no comparable replacement housing is available. Under those circumstances, all classes of displaced persons are entitled to last resort housing. Where comparable replacement housing is available, those who meet the residency requirement are also eligible for section 7264 payments.
Section 7264.5 implements the additional but basic legislative concern that the state shall not, through its exercise of eminent domain, render any person homeless. It is the Legislature’s province to make such determinations. (Cavanaugh v. State of California (1978) 85 Cal.App.3d 354, 358 [149 Cal.Rptr. 453].) “Creation of judicial exceptions to statutes is frowned upon except as they may be necessary to avoid an absurd result.” (Ibid.) We thus interpret section 7264.5 literally to not include a residency requirement.
Our interpretation of section 7264.5 is further supported by that section’s reference to the public entity’s obligation under section 7261, subdivision (c)(3). “No person shall be required to move from his dwelling because of its acquisition by a public entity, unless there is replacement housing . . . .” (§ 7264.5, subd. (b).)
Plaintiffs also contend the 1985-1986 negotiation between defendants and Bargiacchi for purchase of a three-acre portion of the leasehold and the improvements thereon constituted a new acquisition resulting in their displacement. Under this theory, plaintiffs contend they became preacquisition tenants and thus entitled to full benefits under the act, including payments to displaced tenants under section 7264. We find no merit to this contention.
[476]*476As the court stated in Stephens v. Perry (1982) 134 Cal.App.3d 748, 755 [184 Cal.Rptr. 701], “Under the Guidelines, the plaintiffs are not displaced persons unless their displacement occurred as a result of the acquisition of the real property by a public entity for a public use or upon a written order to vacate the real property for public use. The Act is applicable to public entities such as the District only when there are persons displaced by the acquisition. It is the causal connection between the acquisition and the displacement which brings into play the provisions of the Act and the Guidelines.” Here there was no acquisition of property by defendants as a result of the negotiations in question. The evidence establishes plaintiffs were evicted by Bargiacchi because their tenancies were in breach of the terms of the lease between defendants and Bargiacchi.
The judgment is reversed and the matter remanded to the superior court for further proceedings consistent with the views expressed herein.
Cottle, J., and Elia, J., concurred.
Respondents’ petition for review by the Supreme Court was denied August 30, 1989.