Metropolitan Gardens People's Movement
HOPE VI in Birmingham and the Uniform Relocation Act
The Uniform Relocation
Act of 1970 is national legislation that outlines the process required any time
people are relocated from their homes by the actions of the federal government. The
Metropolitan Gardens People's Movement has investigated the application of the
URA in light of the HOPE VI plan in Birmingham.
A. HUD (U.S. Department of Housing and Urban Development) says that the URA applies to the Metropolitan Gardens Hope VI grant.
B. COMPARABLE REPLACEMENT DWELLING: The URA requires that the Housing Authority provide a comparable replacement dwelling to tenants of a housing project that is being demolished or rehabilitated.
1. No tenant can be required to move from his or her home unless at least one "comparable replacement dwelling" has been made available. Where possible, three or more comparable dwellings shall be made available.
2. No tenant can be required to move earlier than 90 days after a comparable dwelling is made available.
3. A comparable replacement dwelling is:
a. Decent, safe, and sanitary;
b. Adequate in size to accommodate the occupants;
c. Within the financial means of the tenant;
d. Functionally equivalent or performs the same function and contributes to a similar style of living as the present dwelling;
e. In an area not subject to unreasonable adverse environmental conditions;
f. In a location generally not less desirable than the location of the tenants residence with respect to:
1) public utilities;
2) facilities;
3) services; and
4) the tenant's place of employment.
4. A comparable replacement dwelling is made available to a tenant when:
a. The tenant is informed of its location;
b. The tenant has sufficient time to negotiate and enter into a purchase agreement or lease for the property; and
c. The tenant is assured of receiving the relocation assistance and payment in sufficient time to complete the lease of the property.
C. FINANCIAL ASSISTANCE: The URA requires that the Housing Authority to offer financial assistance to residents of a housing project that is being demolished or rehabilitated.
1. The Agency must give the tenant actual reasonable moving expenses, including expenses for:
a. Transportation costs within a 50 mile radius;
b. Packing, crating, unpacking, and uncrating of personal property;
c. Disconnecting, dismantling, removing, reassembling, and reinstalling relocated household appliances and other personal property (including gas, phones and cable tv);
d. Storage of personal property for up to 12 months;
e. Insurance for replacement value of property related to the move and necessary storage; and
f. The replacement value of property lost, stolen, damaged in the process of moving (not through fault or negligence of displaced person) where insurance covering such loss, theft, or damage is not reasonably available.
2. If a tenant requests, the Housing Authority must provide advanced payments to avoid or reduce hardship on the tenant.
3. The tenant must support any claim for relocation payment with documentation such as bills, certified prices, appraisals, or other evidence of such expenses.
4. Fixed amount
Any tenant eligible for payments may elect to accept an expense and dislocation allowance, which shall be determined according to a schedule established by the Housing Authority.
5. Time for filing
All claims for relocation payment must be filed with the Agency within 18 months after the date of displacement. This may be waived by the agency for good cause.
6. Taxes
Relocation payments are not considered income.
D. ADVISORY SERVICES: The URA requires the Housing Authority to offer advisory services to help tenants relocate.
1. This assistance must include personal interviews and services necessary to --
a. Make timely recommendations on the needs and preferences of tenants for relocation assistance.
b. Provide current and continuing information on the availability, sales prices, and rental charges of comparable replacement dwellings for tenants.
c. Assure that a tenant shall not be required to move from a dwelling unless the tenant has had a reasonable opportunity to relocate to a comparable replacement dwelling.
d. Inspect and determine whether comparable dwellings are decent, safe and sanitary. All persons, especially the elderly and handicapped, shall be offered transportation to inspect housing to which they are referred.
e. Supply information about other programs that may help tenants in moving.
E. The URA provides an appeals process for tenants who feel that the Housing Authority has failed to consider their application for relocation assistance or payment.
The tenant must file a written appeal with the Housing Authority within 60 days after they receive written notification of the Housing Authority's determination of their claim.
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