I. The Uniform Relocation Act
A. Eligibility
1. A tenant is eligible for relocation assistance (financial
assistance and help to find a place to live) if the tenant must move as a
direct result of rehabilitation, demolition, or acquisition of their residence
or housing by a federally funded project. See 42 U.S.C. § 4601; 49
C.F.R. § 24.2.
2. A
tenant may not be eligible if:
a. The tenant was not in lawful occupancy of the residence when
he or she received notice[1]
of the project. See 42 U.S.C. §
4601; 49 C.F.R. § 24.2.
b. The tenant received an eviction notice before notice of the
project. See 49 C.F.R. § 24.2;
49 C.F.R. § 24.206.
c. The tenant is an undocumented resident of the United States
and cannot demonstrate that denial of assistance will cause exceptional and
extremely unusual hardship on a family member who is a lawful resident. See 49 C.F.R. § 24.2; 49 C.F.R. §
24.208.
B. Relocation Notice
1. As soon as feasible, the displacing agency must furnish
written notice to tenants who will be displaced. The notice must do at least
the following:
a. Inform the tenants that they may be displaced for the project
duration of the project.
b. Generally describe the relocation payments for which the
tenants may be eligible.
c. Generally describe the basic condition of eligibility.
d. Generally describe the procedures for obtaining relocation
assistance payment.
e. Inform tenants that they will be given reasonable advisory
services, including referrals to replacement properties, help in filing payment
claims, and other necessary assistance to help the person successfully
relocate.
f. Inform tenants that they will not be required to move without
at least 90 days’ advance written notice.
g. Inform tenants that they cannot be required to move
permanently unless at least one comparable replacement dwelling has been made
available.
h. Inform the tenants that any person who is an alien not
lawfully present in the United States is ineligible for relocation advisory
services and relocation payments, unless such ineligibility would result in
exceptional and extremely unusual hardship to a qualifying spouse, parent or
child.
i. Describe tenants’ right to appeal the Housing Authority’s
determination regarding a tenant’s application for assistance. See 49 C.F.R. § 24.203.(a)(1-(5).
C. Availability
of Advisory Services
1. The
head of any displacing agency must provide relocation assistance advisory
services to eligible tenants. See 42 U.S.C. § 4625 (b).
2. Each
relocation assistance advisory program shall include such measures, facilities,
or services necessary to --
a. Determine,
and make timely recommendations on, the needs and preferences, if any, of displaced
persons for relocation assistance. See 42 U.S.C. § 4625(c)(1). Specifically the Housing Authority must:
1. Determine
relocation needs and preferences of each tenant to be displaced. See 49
C.F.R. § 24.205
2. Explain
the relocation payments and other assistance for which the tenants may be
eligible, the related eligibility requirements, and the procedures for
obtaining such assistance. See 49 C.F.R. § 24.205
3. Interview
each tenant. See 49 C.F.R. §
24.205.
b. Provide
current and continuing information on the availability, sales prices, and
rental charges of comparable replacement dwellings for displaced homeowners and
tenants. See 42 U.S.C. § 4625(c)(2).
The
Housing Authority also must explain that the tenant cannot be required to move
unless at least one comparable replacement dwelling is made available. See 49 C.F.R. § 24.205.
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,
except in the case of a major disaster or emergency. See 42 U.S.C. §
4625(c)(3). Specifically, the Housing
Authority must:
1. As
soon as feasible, inform the tenant in writing of the specific comparable
replacement dwelling and the price or rent used for establishing the upper
limit of the replacement housing payment (see 24.403(a) and (b)) and the basis
for the determination, so that the tenant is aware of the maximum replacement
housing payment for which he or she may qualify. See 49 C.F.R. § 24.205
2. Where
feasible, inspect comparable dwellings prior to making them available, to
assure that they meet applicable standards.
If such an inspection is not done, the Housing Authority must notify the
tenant that a replacement housing payment may not be made unless the
replacement dwelling is subsequently inspected and determined to be decent,
safe and sanitary. See 49 C.F.R. § 24.205
3. Whenever
possible, give minority persons reasonable opportunities to relocate to decent,
safe, and sanitary replacement dwellings, not located in an area of minority
concentration, that are within their financial means. See 49 C.F.R. § 24.205
d. Supply
information concerning other Federal and State programs which may be of
assistance to tenants, and technical assistance to such persons in applying for
assistance under such programs. See 42 U.S.C. § 4625(c)(5). Specifically, the Housing Authority must:
a. Minimize
hardships to tenants adjusting to relocation by providing counseling, advice as
to other sources of assistance that may be available, and such other help as
may be appropriate. See 49 C.F.R. § 24.205.
b. Supply
tenants with appropriate information concerning Federal and State housing
programs, disaster loan and other programs administered by the Small Business
Administration, and other Federal and State programs offering assistance to
displaced tenants. The Housing
Authority must also provide technical help to persons applying for such
assistance. See 49 C.F.R. §
24.205.
e. Provide
other advisory services to displaced tenants in order to minimize hardships to
such persons in adjusting to relocation. See 42 U.S.C. § 4625(c)(6).
1. The Housing Authority must offer all tenants, especially the
elderly and handicapped, transportation to inspect housing to which they are
referred. See 49 C.F.R. §
24.205.
3. No tenant can be required to move from their home
unless at least one “comparable replacement dwelling” (residence similar to
where they live now) has been made
available.
Where possible, three or more comparable dwellings shall be made
available. See 24 C.F.R. §
24.204(a).
a. No tenant can be required to move earlier than 90 days after
a comparable dwelling is made available.
The tenant must receive at least 90 days advance written notice of the
earliest date by which he or she may be required to move, or at least 30 days
in advance of the specific date the tenant must move. See 49 C.F.R. §
24.203(c)(1)-(4).
b. A comparable replacement dwelling is one that is:
1. Decent, safe, and sanitary; see
42 U.S.C. § 4601 (10); 49 C.F.R. § 24.2.
This
means a dwelling which meets applicable housing and occupancy codes. The following standards must be met, even
in absence of housing and occupancy codes, unless waived for good cause by the
Federal agency funding the project:
1. Be
structurally sound, weathertight, and in good repair.
2. Contain
a safe electrical wiring system adequate for lighting and other devices.
3. Contain
a heating system capable of sustaining a healthful temperature (of
approximately 70 degrees) for a displaced person, except in areas where the
climatic conditions do not require such a system.
4. Be
of adequate size with respect to the number of rooms and area of living space
needed to accommodate the displaced person.
a. There
shall be a separate, well lighted and ventilated bathroom that provides privacy
to the user and contains a sink, bathtub or shower stall, and a toilet, all in
good working order and properly connected to appropriate sources of water and
to a sewage drainage system.
b. In
the case of a housekeeping dwelling, there shall be a kitchen area that contains
a fully usable sing, properly connected, potable hot and cold water and to a
sewage drainage system, and adequate space and utility service connections for
a stove and refrigerator.
5. Contain
at least one unobstructed exit to safe, open space at ground level. If the replacement dwelling unit is on the
second story or above, it must have access directly from or through a common
corridor, the common corridor must have at least two means of exit.
6. For
a displaced person who is handicapped, be free of any barriers which would
preclude reasonable entrance or exit, or use of the dwelling. See 49
C.F.R. § 24.2
2. Adequate in size to accommodate the
occupants; see 42 U.S.C. §
4601 (10); 49 C.F.R. § 24.2.
3. Within the financial means of the displaced
person; see 42 U.S.C. § 4601 (10); 49 C.F.R. § 24.2.
a. The
dwelling must be within the financial means of the tenant if, after receiving
rental assistance under this part, the tenant’s monthly rent and estimated
average monthly utility costs for the replacement dwelling do not exceed the
person’s base monthly rental for the displacement housing dwelling. See 49 C.F.R. § 24.2.
b. The
dwelling must be currently available to the displaced person on the private
market. However, a comparable
replacement dwelling for a person receiving government housing assistance
before displacement may reflect similar government housing assistance. See 49 C.F.R. § 24.2.
4. Functionally equivalent; see 42 U.S.C. § 4601 (10); 49 C.F.R.
§ 24.2.
This
standard means that the comparable dwelling performs the same function,
provides the same utility, and is capable of contributing to a comparable style
of living as the tenant’s dwelling before displacement. It need not replace every feature of the
displacement dwelling, but the principal features must be present. It is an
objective standard reflecting the range of purposes for which the various
physical features of a dwelling may be used.
The agency may consider reasonable trade-offs for specific features when
the replacement unit is “equal to or better than” the displacement dwelling. See
49 C.F.R. § 24.2
5. In an area not subject to unreasonable
adverse environmental conditions; see 42 U.S.C. § 4601(10); 49
C.F.R. § 24.2.
6. In a location generally not less desirable than the location of the displaced person’s dwelling with respect to public utilities, facilities, services, and the displaced person’s place of employment. See 42 U.S.C. § 4601 (10); 49 C.F.R. § 24.2.
The comparable dwelling must be on a site that is typical in size for residential development with normal site improvements, including customary landscaping. The site need not include special improvements such as outbuildings, swimming pools, or greenhouses. See 49 C.F.R. § 24.2.
c. A comparable replacement dwelling will be considered to have been made available to a tenant, if:
1. The tenant is informed of its location.
2. The tenant has sufficient time to negotiate and enter into a purchase agreement or lease for the property.
3. Subject
to reasonable safeguards, the tenant is assured of receiving the relocation
assistance and payment in sufficient time to complete the lease of the
property. See 49 C.F.R. §
204(a)(1)-(3).
D. Financial Assistance (Relocation Payments)
1. Whenever a program or project to be
under taken by a displacing agency will result in the displacement of any
person, the head of the displacing agency shall provide for the payment to the
displaced person of –
a. Actual reasonable expenses in moving himself or herself, his or her family, business, farm operation, or other personal property. See 42 U.S.C. § 4622.
1. The
tenant must support any claim for relocation payment with documentation as may
be reasonably required to support expenses incurred, such as bills, certified
prices, appraisals, or other evidence of such expenses. A displaced person must be provided
reasonable assistance necessary to complete and file any required claim for
payment. See 49 C.F.R. §
24.207(a).
2. The
Housing Authority shall review claims in an expeditious manner. The claimant shall be promptly notified as to any additional documentation that is
required. Payment shall be made as soon
as feasible following receipt of sufficient documentation. See 49 C.F.R.
§ 24.207(b).
3. If
a tenant demonstrates the need for advanced payments in order to avoid or
reduce a hardship, the Agency shall issue the payment. See 49 C.F.R. §
24.207(c)
4. The
Housing Authority must pay a displaced tenant’s actual moving and related
expenses, including expenses for:
a. Transportation
costs within 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.
d. Storage
of personal property for up to 12 months, unless Agency determines a longer
period is necessary.
e. Insurance
for replacement value of property in connection with the move and necessary
storage
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. See 49 C.F.R. § 24.301.
b. Fixed amount
Any
displaced tenant eligible for payments may receive an expense and dislocation
allowance, which shall be determined according to a schedule established by the
head of the lead agency.
1. Any
tenant displaced is entitled to receive an expense and dislocation allowance as
an alternative to a payment for actual moving and related expenses under §
24.301. This allowance shall be
determined according to the applicable schedule approved by the Federal Highway
Administration. See 49 C.F.R. §
24.302.
2. Time
for filing
a. Displaced
tenants must file claims for relocation payment with the Housing Authority
within 18 months after the date of displacement. This may be waived by the agency for good cause. See 49 C.F.R. § 24.207(d)(1)-(2).
b. If
the Housing Authority disapproves all or part of a payment claimed or refuses
to consider the claim on the merits because of untimely filing or other
grounds, it shall promptly notify the claimant in writing of its determination,
and the procedures for appealing that determination. See 49 C.F.R. § 207(g).
3. Taxes
Relocation
payments are not considered income for purposes of the Internal Revenue Code or
for the purpose of determining the eligibility or the extent of eligibility of
any person for assistance under the Social Security Act or any other Federal
law, except for any Federal law providing low-income housing assistance. See 49 C.F.R. § 24.209
1. Any
aggrieved tenant may file a written appeal with the Agency if the person believes
the Housing Authority has failed to consider the person’s application for
assistance under this part, including
relocation payment or the person’s
eligibility for, or the amount of a payment required under 24.106 (expenses
incidental to transfer of title) or 24.107 (certain litigation expenses of
owner). See 49 C.F.R. § 24.10(b)
2. A
tenant must appeal within 60 days after the tenant receives written
notification of the Housing Authority’s determination of the person’s
claim. See 49 C.F.R. § 24.10(c).
3. A
tenant has the right to be represented by counsel in connection with appeal
at his or her own expense. See 49 C.F.R. § 24.10(d).
1. Public
Meetings
a. Hope
VI requires that the Housing Authority have one training session for residents
on the HOPE VI development process
b. Hope
VI also requires at least three public meetings with residents and community
members to involve them in the process of planning the revitalization
application.
2. The
following issues must be covered in the public meetings:
a. The Hope VI planning and implementation
process.
b. The proposed physical plan, including
site and unit design.
c. The extent of the proposed demolition.
d. Community and supportive services.
e. Relocation issues
f. Other proposed revitalization
activities.
3. The
following evidence of meetings must be in the application:
a. notices
announcing the meeting. At least one
notice for each meeting must be placed in a commercial newspaper or journal
that serves both the public housing project and broader community;
b. a
copy of the meeting sign in sheets; and
c. a
signed and notarized copy of the meeting minutes, describing in detail the resident
training and/or discussion regarding the proposed plan.
[1] Each notice which the Agency is required to provide shall be personally served or sent by certified or registered first class mail, return receipt requested, and documented in Agency files. The notice should have a name and telephone number of a contact person who can answer questions. Notice should be in plain understandable language. People who cannot read must be provided with appropriate translation and counseling. See 49 C.F.R. § 24.5.