All 49 CFR Part 24 Subpart B (real property acquisition) requirements apply to all direct acquisitions for Federal programs and projects by Federal Agencies, except for acquisitions undertaken by the Tennessee Valley Authority or the Rural Utilities Service. Line 3. A business or farm operation is entitled to reimbursement for actual expenses, not to exceed $2,500, as the Agency determines to be reasonable, which are incurred in searching for a replacement location, including: (iii) Time spent searching, based on reasonable salary or earnings; (iv) Fees paid to a real estate agent or broker to locate a replacement site, exclusive of any fees or commissions related to the purchase of such sites; (v) Time spent in obtaining permits and attending zoning hearings; and. An official website of the United States government. This module provides critical information on how HUD programs and projects may be impacted by two federal laws: the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA) and section 104 (d) of the Housing and Community Development Act. Section 24.104 Review of appraisals. Temporary relocation should not extend beyond one year before the person is returned to his or her previous unit or location. (f) Advertising signs. (f) No waiver of relocation assistance. (See appendix A, 24.2(a)(6)(ix).). Since its inception in 1986, (Also see 24.603, of this part). Self-moves based on the lower of two bids or estimates are not eligible for reimbursement under this section.). SUMMARY OF CONTENTS: This directive establishes a uniform, Department-wide framework for the life-cycle management of VAs leasehold interests. The displaced person shall furnish the Agency proof of net earnings through income tax returns, certified financial statements, or other reasonable evidence, which the Agency determines is satisfactory. A list of local BCIS offices is available at http://www.uscis.gov/graphics/fieldoffices/alphaa.htm. This shall include a personal interview with each residential displaced person. ( a ) Relocation assistance for displaced person. Necessary attorney fees required to obtain such licenses or permits are also reimbursable. When the public is aware of the proposed project, project area property values may be affected. These include those costs involved in investigating potential replacement sites and the time of the business owner, based on salary or earnings, required to apply for licenses or permits, zoning changes, and attendance at zoning hearings. An extension of eligibility may be granted if some event beyond the control of the displaced person such as acute or life threatening illness, bad weather preventing the completion of construction, or physical modifications required for reasonable accommodation of a replacement dwelling, or other like circumstances causes a delay in occupying a decent, safe, and sanitary replacement dwelling. Section 24.104(b). The Agency may, however, impose reasonable conditions on the person's right to inspect, consistent with applicable laws. (For purposes of filing a claim and meeting the eligibility requirements for a relocation payment, the date of displacement is the date the person moves from the temporarily occupied dwelling.). the hierarchy of the document. (1) Before a Federal Agency may approve any grant to, or contract, or agreement with, a State Agency under which Federal financial assistance will be made available for a project which results in real property acquisition or displacement that is subject to the Uniform Act, the State Agency must provide appropriate assurances that it will comply with the Uniform Act and this part. The physical characteristics of the comparable replacement dwelling may be dissimilar to those of the displacement dwelling but they may never be inferior. The phrase program or project means any activity or series of activities undertaken by a Federal Agency or with Federal financial assistance received or anticipated in any phase of an undertaking in accordance with the Federal funding Agency guidelines. Web6. WebAshburn Meadows is a Low-Income Housing Tax Credit (LIHTC) community subject to income and occupancy restrictions. Regulation Y The act applies to all federal agencies that initiate action that forces households to relocate from their residence. (d) The National Environmental Policy Act of 1969 (42 U.S.C. In doing this, the review appraiser is to remain in an advisory role, not directing the appraisal, and retaining objectivity and options for the appraisal review itself. Round off all money entries in Parts of this section A, B and C to the nearest dollar. A person who occupies without property right, title or payment of rent or a person legally evicted, with no legal rights to occupy a property under State law. (2) Services to be provided. (2) Timing of notice. (vii) The removal of barriers for persons with disabilities. Section 24.401(a)(2). When the personal property to be moved is of low value and high bulk, and the cost of moving the property would be disproportionate to its value in the judgment of the displacing Agency, the allowable moving cost payment shall not exceed the lesser of: The amount which would be received if the property were sold at the site or the replacement cost of a comparable quantity delivered to the new business location. WebRefer to Notice CPD-14-09 for MAP-21 for implementation guidance. It should be developed cooperatively by the assigned appraiser and an Agency official who is competent to both represent the Agency's needs and respect valid appraisal practice. For the purpose of this section, should the amount of the rental assistance payment exceed the purchase price of the replacement dwelling, the payment would be limited to the cost of the dwelling. The term mortgage means such classes of liens as are commonly given to secure advances on, or the unpaid purchase price of, real property, under the laws of the State in which the real property is located, together with the credit instruments, if any, secured thereby. WebThe Low Income Housing Tax Credit program, (LIHTC), is the largest and most successful tool in the nation to preserve and build affordable housing. A dining area may substitute for a separate dining room. (b) Title VI of the Civil Rights Act of 1964 (42 U.S.C. If the displacement dwelling was part of a property that contained another dwelling unit and/or space used for nonresidential purposes, and/or is located on a lot larger than typical for residential purposes, only that portion of the acquisition payment which is actually attributable to the displacement dwelling shall be considered the acquisition cost when computing the replacement housing payment. The Agency official conducting the review of the appeal shall be either the head of the Agency or his or her authorized designee. (4) The same person or closely related persons own, control, or manage the affairs of the entities. The URAA establishes uniform policies to help individuals displaced from their homes or businesses by state and local government programs, Section 24.2(a)(9)(ii)(D) Persons not displaced. In addition, 24.204(a) requires that, where possible, three or more comparable replacement dwellings shall be made available. Thus, the basic standard for the number of referrals required under this section is three. Part C. Nonresidential Relocation Under the Uniform Act. (See appendix A, 24.102(n). The downpayment assistance provisions in 24.402(c) limit such assistance to the amount of the computed rental assistance payment for a tenant or an eligible homeowner. How to report relocation payments. We will make every effort to accommodate your needs. Section 24.301 (g)(14)(i) and (ii). Each notice shall indicate the name and telephone number of a person who may be contacted for answers to questions or other needed help. 6. (6) Currently owns a previously purchased dwelling and site, valuation of which shall be on the basis of current fair market value. (4) Purchaser's points and loan origination or assumption fees, but not seller's points, shall be paid to the extent: (i) They are not paid as incidental expenses; (ii) They do not exceed rates normal to similar real estate transactions in the area; (iii) The Agency determines them to be necessary; and. Each notice which the Agency is required to provide to a property owner or occupant under this part, except the notice described at 24.102(b), shall be personally served or sent by certified or registered first-class mail, return receipt requested, and documented in Agency files. (2) If the site of the comparable replacement dwelling lacks a major exterior attribute of the displacement dwelling site, (e.g., the site is significantly smaller or does not contain a swimming pool), the value of such attribute shall be subtracted from the acquisition cost of the displacement dwelling for purposes of computing the payment. Report the total sum costs of residential relocation expenses and payments (excluding Agency administrative expenses) in Lines 6 and 7. ABOUT PD&R. The incidental expenses to be paid under paragraph (b)(3) of this section or 24.402(c)(1) are those necessary and reasonable costs actually incurred by the displaced person incident to the purchase of a replacement dwelling, and customarily paid by the buyer, including: (1) Legal, closing, and related costs, including those for title search, preparing conveyance instruments, notary fees, preparing surveys and plats, and recording fees. Compensation for making an appraisal or waiver valuation shall not be based on the amount of the valuation estimate. Please do not provide confidential However, where an Agency determines that the sales comparison approach will be adequate by itself and yield credible appraisal results because of the type of property being appraised and the availability of sales data, it may limit the appraisal assignment to the sales comparison approach. An eligible displaced person who rents a replacement dwelling is entitled to a payment not to exceed $5,250 for rental assistance. (See appendix A, 24.103(b).). (d) Qualifications of appraisers and review appraisers. (See appendix A, 24.3). To make such a determination, the Agency must: (1) Determine the total number of members in the household (including all adults and children); (2) locate the appropriate table for income limits applicable to the Uniform Act for the state in which the displaced residence is located (found at: http://www.fhwa.dot.gov/realestate/ua/ualic.htm); (3) from the list of local jurisdictions shown, identify the appropriate county, Metropolitan Statistical Area (MSA)*, or Primary Metropolitan Statistical Area (PMSA)* in which the displacement property is located; and. In determining whether two or more displaced legal entities constitute a single business, which is entitled to only one fixed payment, all pertinent factors shall be considered, including the extent to which: (1) The same premises and equipment are shared; (2) Substantially identical or interrelated business functions are carried out and business and financial affairs are commingled; (3) The entities are held out to the public, and to those customarily dealing with them, as one business; and. 24.304 Reestablishment expensesnonresidential moves. (m) Executive Order 12630Governmental Actions and Interference with Constitutionally Protected Property Rights. Section 24.102(n) also provides that the same person may prepare a valuation estimate (including an appraisal) and negotiate that acquisition, if the valuation estimate amount is $10,000 or less. (m) Fair rental. To be eligible for payments under this section the displaced person must: (1) Provide the Agency reasonable advance notice of the approximate date of the start of the move or disposition of the personal property and an inventory of the items to be moved. 24.402 Replacement housing payment for 90-day occupants. Section 24.102(n) Conflict of interest. These appraisal requirements are necessarily designed to comply with the Uniform Act and other Federal eminent domain based appraisal requirements. In unusual circumstances, an occupant may be required to vacate the property on less than 90 days advance written notice if the displacing Agency determines that a 90-day notice is impracticable, such as when the person's continued occupancy of the property would constitute a substantial danger to health or safety. 2. (c) Appraisal, waiver thereof, and invitation to owner. All relevant and reliable approaches to value are to be used. Navigate by entering citations or phrases 24.8 Compliance with other laws and regulations. (2) A description and location identification of the real property and the interest in the real property to be acquired. 4. The term salvage value means the probable sale price of an item offered for sale to knowledgeable buyers with the requirement that it be removed from the property at a buyer's expense (i.e., not eligible for relocation assistance). (5) Citizen. ), (b) If the review appraiser is unable to recommend (or approve) an appraisal as an adequate basis for the establishment of the offer of just compensation, and it is determined by the acquiring Agency that it is not practical to obtain an additional appraisal, the review appraiser may, as part of the review, present and analyze market information in conformance with 24.103 to support a recommended (or approved) value. (30) Utility costs. When a review appraiser develops an independent value, while retaining the appraisal review, that independent value also becomes the approved appraisal of the fair market value for Uniform Act Section 301(3) purposes. Applicability of acquisition requirements. Federal Emergency Management Agency. The term State Agency means any department, Agency or instrumentality of a State or of a political subdivision of a State, any department, Agency, or instrumentality of two or more States or of two or more political subdivisions of a State or States, and any person who has the authority to acquire property by eminent domain under State law. ( 1 ) A displaced person must be provided relocation assistance at the levels described in and WebUNIFORM RELOCATION ACT GUIDELINES . If a project requires the acquisition of developed property, the Uniform Act provides measures to minimize the hardships Line 15. Overview of the Uniform Relocation Act (URA) The Uniform Act, passed by Congress in 1970, is a federal law that establishes minimum standards for federally However, the Agency must have a reasonable basis for the waiver valuation and an Agency official must still establish an amount believed to be just compensation to offer the property owner(s). However, if the Agency determines that two or more occupants maintained separate households within the same dwelling, such occupants have separate entitlements to relocation payments. (1) The appraiser, review appraiser or person performing the waiver valuation shall not have any interest, direct or indirect, in the real property being valued for the Agency. However, such variation should never result in a lowering of housing standards nor should it ever result in a lower quality of living style for the displaced person. If the average annual net earnings of the displaced business, farm, or nonprofit organization are determined to be less than $1,000, even $0 or a negative amount, the minimum payment of $1,000 shall be provided. Their designation as personalty or realty will be determined by State law. Qualifications shall be consistent with the scope of work for the assignment. If the Agency intends that the staff review appraiser approve the appraisal (as the basis for the establishment of the amount believed to be just compensation), or establish the amount the Agency believes is just compensation, she/he must be specifically authorized by the Agency to do so. For a more detailed list of income exclusions see Federal Highway Administration, Office of Real Estate Services Web site: http://www.fhwa.dot.gov/realestate/. Consistency with USPAP has been a feature of these appraisal requirements since the beginning of USPAP. These records shall be retained for at least 3 years after each owner of a property and each person displaced from the property receives the final payment to which he or she is entitled under this part, or in accordance with the applicable regulations of the Federal funding Agency, whichever is later. Displaying title 49, up to date as of 6/01/2023. Section 24.106(b). http://www.appraisalfoundation.org/htm/USPAP2004/toc.htm, http://www.usdoj.gov/enrd/land-ack/toc.htm, http://www.appraisalinstitute.org/econom/publications/Default.asp. This provision provides a benchmark beyond which the requirements of the subpart clearly apply to leases. (1) General. It is not an official legal edition of the CFR. (d) when the replacement dwelling is retained by an owner and moved to another site. (2) The estimated cost of moving the sign, but with no allowance for storage. (3) The payment does not result in the duplication of any compensation otherwise authorized by law. The level of review analysis depends on the complexity of the appraisal problem. If you have questions or comments regarding a published document please Submit a copy of this report to the lead Agency as soon as possible after September 30, but NOT LATER THAN NOVEMBER 15. If the Agency elects to provide the maximum payment of $5,250 as a downpayment, the Agency shall apply this discretion in a uniform and consistent manner, so that eligible displaced persons in like circumstances are treated equally. If a question should arise as to what is a reasonable hourly rate, the Agency should compare the rates of other similar professional providers in that area. By: Joseph Holstead, Research Analyst . The Agency shall inform the displaced person, in writing, of the requirements of this section as soon as possible after the initiation of negotiations. The Uniform Act and implementing regulations in 49 CFR Part 24 require that certain incidental expenses and relocation benefits including relocation housing payments be based on actual costs. (2) (ii). Many local housing and occupancy codes require the abatement of deteriorating paint, including lead-based paint and lead-based paint dust, in protecting the public health and safety. Promptly after receipt of all information submitted by a person in support of an appeal, the Agency shall make a written determination on the appeal, including an explanation of the basis on which the decision was made, and furnish the person a copy. For businesses, farms or nonprofit organizations this includes machinery, equipment, substitute personal property, and connections to utilities available within the building; it also includes modifications to the personal property, including those mandated by Federal, State or local law, code or ordinance, necessary to adapt it to the replacement structure, the replacement site, or the utilities at the replacement site, and modifications necessary to adapt the utilities at the replacement site to the personal property. (iii) A description of comparable sales, including a description of all relevant physical, legal, and economic factors such as parties to the transaction, source and method of financing, and verification by a party involved in the transaction. Such a waiver should be subject to the approval of the Federal-funding Agency in accordance with existing delegation authority. The time limit shall not be less than 60 days after the person receives written notification of the Agency's determination on the person's claim. Justification may be the unavailability of the current prevailing rate due to the amount of the new mortgage, credit difficulties, or other similar reasons. The low income limit for a 5 person household is: $47,450. (b) Moves from a dwelling. Background and more details are available in the Fixed payment for moving expensesresidential moves. (C) As a direct result of a written notice of intent to acquire, or the acquisition, rehabilitation or demolition of, in whole or in part, other real property on which the person conducts a business or farm operation, for a project. The order of activities under Superfund may differ slightly in that temporary relocation may precede acquisition. 24.305 Fixed payment for moving expensesnonresidential moves. Section 24.2(a)(14) Household income (exclusions). Only in unusual circumstances may a comparable replacement dwelling contain fewer rooms or, consequentially, less living space than the displacement dwelling. In order to satisfy this requirement, Agencies must allow owners time for analysis, research and development, and compilation of a response, including perhaps getting an appraisal. (See appendix A, 24.2(a)(11).). The site need not include special improvements such as outbuildings, swimming pools, or greenhouses. As used in this section, the term project means an undertaking which is planned, designed, and intended to operate as a unit. For a program or project receiving Federal financial assistance, the Federal funding Agency may waive this requirement if it would create a hardship for the Agency. Acquisition of tenant-owned improvements. The intent is that non-appraisers make the waiver valuations, freeing appraisers to do more sophisticated work. (6) Comparable replacement dwelling. Payment for a claim shall be made as soon as feasible following receipt of sufficient documentation to support the claim. (13) Federal financial assistance. However, the Agency may waive this notice requirement after documenting its file accordingly. A displacing Agency's assurances shall be in accordance with section 210 of the Uniform Act. The following acronyms are commonly used in the implementation of programs subject to this regulation: (1) BCIS. If the review appraiser is not specifically authorized to approve the appraisal (as the basis for the establishment of the amount believed to be just compensation), or establish the amount believed to be just compensation, that authority remains with another Agency official. If the property owner elects to have the Agency appraise the property, the Agency shall obtain an appraisal and not use procedures described in this paragraph. They are also considered to be consistent with Standards Rules 1, 2, and 3 of the 2004 edition of the USPAP. (6) Estimated increased costs of operation during the first 2 years at the replacement site for such items as: (iv) Utility charges, excluding impact fees. The first sentence instructs readers that requirements for appraisals for Federal and federally-assisted programs or projects are located in 49 CFR part 24. Every effort must be made to identify and resolve realty/personalty issues prior to, or at the time of, the appraisal of the property. Section 24(a)(15) Initiation of negotiations. (See 24.2(a)(6)(viii)(C).) If the appraiser uses more than one approach, there shall be an analysis and reconciliation of approaches to value used that is sufficient to support the appraiser's opinion of value. Each notice shall be written in plain, understandable language. (4) The acquisition of real property by a cooperative from a person who, as a condition of membership in the cooperative, has agreed to provide without charge any real property that is needed by the cooperative. (c) In computing relocation payments under the Uniform Act, if any member(s) of a household or owner(s) of an unincorporated business, farm, or nonprofit organization is (are) determined to be ineligible because of a failure to be legally present in the United States, no relocation payments may be made to him or her. In special cases where the displacing Agency determines it to be reasonable and necessary, certain additional categories of searching costs may be considered for reimbursement. (c) Methods of providing comparable replacement housing. The following expenses, in addition to those provided by 24.301 for moving personal property, shall be provided if the Agency determines that they are actual, reasonable and necessary: (a) Connection to available nearby utilities from the right-of-way to improvements at the replacement site. (1) The payment shall be based on the unpaid mortgage balance(s) on the displacement dwelling; however, in the event the displaced person obtains a smaller mortgage than the mortgage balance(s) computed in the buydown determination, the payment will be prorated and reduced accordingly. Financial Institutions Reform, Recovery, and Enforcement Act of 1989. The payment to a person with minimal personal possessions who is in occupancy of a dormitory style room or a person whose residential move is performed by an Agency at no cost to the person shall be limited to the amount stated in the most recent edition of the Fixed Residential Moving Cost Schedule. (b) Actions which may be appealed. (a) Eligibility. Upon request and in accordance with applicable law, the claimant shall transfer to the Agency ownership of any personal property that has not been moved, sold, or traded in. Determining, or computing, the actual remaining term is more reliable than using the data supplied by the mortgagee. When payment for property loss is claimed for goods held for sale, the fair market value shall be based on the cost of the goods to the business, not the potential selling prices. (2) Purchases and occupies a decent, safe, and sanitary replacement dwelling within one year after the later of the following dates (except that the Agency may extend such one year period for good cause): (i) The date the displaced person receives final payment for the displacement dwelling or, in the case of condemnation, the date the full amount of the estimate of just compensation is deposited in the court; or. It shall also mean constructing a replacement facility that has the functional equivalency of the existing facility and is necessary for the continued operation of the utility service, the project economy, or sequence of project construction. In the case of a housekeeping dwelling, there shall be a kitchen area that contains a fully usable sink, properly connected to potable hot and cold water and to a sewage drainage system, and adequate space and utility service connections for a stove and refrigerator; (vi) Contains unobstructed egress to safe, open space at ground level; and, (vii) For a displaced person with a disability, be free of any barriers which would preclude reasonable ingress, egress, or use of the dwelling by such displaced person. The Agency shall consider the owner's presentation. The Federal Uniform Relocation Assistance and Real Property Acquisition (ii) For an owner-occupant, the later of: (A) The date he or she receives final payment for the displacement dwelling, or in the case of condemnation, the date the full amount of the estimate of just compensation is deposited with the court; or. This paragraph affirms the right of a 180-day homeowner-occupant, who is eligible for a replacement housing payment under 24.401, to a reasonable opportunity to purchase a comparable replacement dwelling. A notice of intent to acquire establishes eligibility for relocation assistance prior to the initiation of negotiations and/or prior to the commitment of Federal financial assistance. If the information presented by the owner, or a material change in the character or condition of the property, indicates the need for new appraisal information, or if a significant delay has occurred since the time of the appraisal(s) of the property, the Agency shall have the appraisal(s) updated or obtain a new appraisal(s). (a) when the dwelling is located on a larger than normal site. (See appendix A, 24.102(d).). WebLIHTC PROGRAM OVERVIEW Established by the Tax Reform Act of 1986 to encourage private investment in affordable housing Program administered by state housing finance agencies States receive tax credits based on population, therefore the amount of available 9% credits is limited. For example, if the displacement dwelling contains a pantry and a similar dwelling is not available, a replacement dwelling with ample kitchen cupboards may be acceptable. A displaced person who initially rents a replacement dwelling and receives a rental assistance payment under 24.402(b) is eligible to receive a payment under 24.401 or 24.402(c) if he or she meets the eligibility criteria for such payments, including purchase and occupancy within the prescribed 1-year period. When assembled, manufactured homes built after 1976 contain no less than 320 square feet. This contact form is only for website help or website suggestions. The Office of Legislative Research is (h) Ineligible moving and related expenses. The parcel count reported should relate to ownerships and not to the number of parcels of different property interests (such as fee, perpetual easement, temporary easement, etc.) (3) Subject to reasonable safeguards, the person is assured of receiving the relocation assistance and acquisition payment to which the person is entitled in sufficient time to complete the purchase or lease of the property. (See 24.2(a)(27).). Real property acquisition under The Uniform Act, Line 1. During the early stages of development, an Agency shall plan Federal and federally-assisted programs or projects in such a manner that recognizes the problems associated with the displacement of individuals, families, businesses, farms, and nonprofit organizations and develop solutions to minimize the adverse impacts of displacement. Only in situations where three comparable replacement dwellings are not available (e.g., when the local housing market does not contain three comparable dwellings) may the Agency make fewer than three referrals. 24.207 General requirementsclaims for relocation payments. (2) The Agency shall waive this time period for good cause. [70 FR 611, Jan. 4, 2005, as amended at 73 FR 33329, June 12, 2008]. Because such occupants are not considered displaced persons under this part, great care must be exercised to ensure that they are treated fairly and equitably. A separate drafting site Availability of comparable replacement dwelling before displacement. If a person demonstrates the need for an advanced relocation payment in order to avoid or reduce a hardship, the Agency shall issue the payment, subject to such safeguards as are appropriate to ensure that the objective of the payment is accomplished. Sammie Smith, 10, full-time student, no income. Reasonable accommodation of a displaced person with a disability at the replacement dwelling means the Agency is required to address persons with a physical impairment that substantially limits one or more of the major life activities. When such a site is discovered, it may be necessary, in certain limited circumstances, to alert individual owners and tenants to potential health or safety threats and to offer to temporarily relocate them while additional information is gathered. Hourly labor rates should not exceed the rates paid by a commercial mover to employees performing the same activity and, equipment rental fees should be based on the actual rental cost of the equipment but not to exceed the cost paid by a commercial mover. However, tenants on such properties may be eligible for relocation assistance benefits. Section 24.404 Replacement Housing of Last Resort. (iii) The date of the Agency's written notification to the owner-occupant that the owner is determined to be displaced from the mobile home as described in paragraphs (a)(3)(i) through (iv) of this section. When possible, three or more comparable replacement dwellings shall be made available. Payments, provided pursuant to this part, shall not be considered to constitute Federal financial assistance. "Published Edition". These guidelines are intended to L. 96510 or Superfund. A tenant or owner-occupant displaced from a dwelling is entitled to a payment not to exceed $5,250 for rental assistance, as computed in accordance with paragraph (b) of this section, or downpayment assistance, as computed in accordance with paragraph (c) of this section, if such displaced person: (1) Has actually and lawfully occupied the displacement dwelling for at least 90 days immediately prior to the initiation of negotiations; and. No person may be deprived of any rights the person may have under the Uniform Act or this part. that may have been part of an acquisition from one owner. The full amount of the replacement housing payment for downpayment assistance must be applied to the purchase price of the replacement dwelling and related incidental expenses. However, any of the following standards which are not met by the local code shall apply unless waived for good cause by the Federal Agency funding the project. (b) Notice to owner. This subpart describes the requirements governing the provision of replacement housing payments to a person displaced from a mobile home and/or mobile home site who meets the basic eligibility requirements of this part. (2) In the case of a family, that each family member is either a citizen or national of the United States, or an alien who is lawfully present in the United States. (b) Basic rights of persons to be displaced. [1] (See appendix A, 24.103(a).) Accordingly, this part does not apply to the expenditure of such payments by, or for, a displaced person. I. ), as amended. (v) Supply persons to be displaced 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 persons, and technical help to persons applying for such assistance. (a) The Federal Lead Agency shall, in coordination with other Federal Agencies, monitor from time to time State Agency implementation of programs or projects conducted under the certification process and the State Agency shall make available any information required for this purpose. Section 24.2(a)(6) Definition of comparable replacement dwelling. WebCreated by the Tax Reform Act of 1986, the LIHTC program gives State and local LIHTC-allocating agencies the equivalent of approximately $9 billion in annual budget authority In these situations, reasonable accommodation should include the following at a minimum: Doors of adequate width; ramps or other assistance devices to traverse stairs and access bathtubs, shower stalls, toilets and sinks; storage cabinets, vanities, sink and mirrors at appropriate heights. The Agency shall permit a person to inspect and copy all materials pertinent to his or her appeal, except materials which are classified as confidential by the Agency. (Include parcels acquired without Federal financial assistance, if there was or will be Federal financial assistance in other phases of the project or program.). No person to be displaced shall be required to move from his or her dwelling unless at least one comparable replacement dwelling (defined at 24.2 (a)(6)) has been made available to the person. (33) Waiver valuation. At the Agency's discretion, the estimated cost for a low cost or uncomplicated move may be based on a single bid or estimate. WebUniform Relocation Assistance Act . 5121 et seq.). 24.303 Related nonresidential eligible expenses. (2) Has rented, or purchased, and occupied a decent, safe, and sanitary replacement dwelling within 1 year (unless the Agency extends this period for good cause) after: (i) For a tenant, the date he or she moves from the displacement dwelling; or. (c) Advanced payments. While it need not possess every feature of the displacement dwelling, the principal features must be present. This includes notifying such tenants of their potential eligibility when negotiations are initiated, notifying them if they become fully eligible, and, in the event the purchase of the property will not occur, notifying them that they are no longer eligible for relocation benefits. (b) Notice of relocation eligibility. 3331 et seq.). 24.603 Monitoring and corrective action. 4321 et seq.). (26) Tenant. (2) An estimate of the number of comparable replacement dwellings in the area (including price ranges and rental rates) that are expected to be available to fulfill the needs of those households displaced. (d) Section 103(b)(2) of the Uniform Act, as amended, requires that the head of the Lead Agency report biennially to the Congress on State Agency implementation of section 103. Persons who are unable to read and understand the notice must be provided with appropriate translation and counseling. (e) Any person who occupies property acquired by an Agency, when such occupancy began subsequent to the acquisition of the property, and the occupancy is permitted by a short term rental agreement or an agreement subject to termination when the property is needed for a program or project, shall be eligible for advisory services, as determined by the Agency. 2017 QAP. Report the total amount paid for residential replacement housing payments including payments for replacement housing of last resort provided pursuant to 24.404 of this part. (a) Expeditious acquisition. 12821). PRINT PDF. Unless otherwise noted, the following terms used in this part shall be understood as defined in this section: (1) Agency. The Federal Agency funding the project may waive any requirement in this part not required by law if it determines that the waiver does not reduce any assistance or protection provided to an owner or displaced person under this part. (6) Owner's and mortgagee's evidence of title, e.g., title insurance, not to exceed the costs for a comparable replacement dwelling. (See appendix A, 24.102(i). The following is a nonexclusive listing of persons who do not qualify as displaced persons under this part: (A) A person who moves before the initiation of negotiations (see 24.403(d)), unless the Agency determines that the person was displaced as a direct result of the program or project; (B) A person who initially enters into occupancy of the property after the date of its acquisition for the project; (C) A person who has occupied the property for the purpose of obtaining assistance under the Uniform Act; (D) A person who is not required to relocate permanently as a direct result of a project. Section 24.2(a)(8)(vii) Persons with a disability. Net earnings include any compensation obtained from the business or farm operation by its owner, the owner's spouse, and dependents. Appraisers, including review appraisers, must not be pressured to adjust their estimate of value for the purpose of justifying such settlements. If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency. Such fixed payment, except for payment to a nonprofit organization, shall equal the average annual net earnings of the business, as computed in accordance with paragraph (e) of this section, but not less than $1,000 nor more than $20,000. (a) Relocation planning. (A) When an appraisal is determined to be unnecessary, the Agency shall prepare a waiver valuation. The tax credit can attract investors who provide equity for a buildings initial construction or the rehabilitation of an existing building. 91-646, as amended by the Uniform Relocation Act Amendments of 1987, Title IV of Pub. (g) Determination and notification after appeal. Published by The Appraisal Foundation, a nonprofit educational organization. If the business or farm operation is discontinued, the estimated cost of moving the item shall be based on a moving distance of 50 miles. The Agency shall carry out a relocation assistance advisory program which satisfies the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. Procedural manuals assure the FHWA that the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act) will be met. (4) Payment to a part-time business in the home which does not contribute materially (defined at 24.2(a)(7)) to the household income. (See 24.104.) (e) Any review by the displacing Agency of the certifications provided pursuant to paragraph (a) of this section shall be conducted in a nondiscriminatory fashion. Report the total amount paid for residential moving expenses (actual expense and fixed payment). ), (j) Payment before taking possession. Report the number of businesses, nonprofit organizations, and farms who were permanently displaced during the fiscal year by project or program activities and moved to their replacement location. (See appendix A, 24.101(b)(1)(iv) and (2)(ii).). (See 24.2(a)(7).). Does the Uniform Relocation Act apply to LIHTC? Line 14. (i) There is little, if any, comparable replacement housing available to displaced persons within an entire program or project area; and, therefore, last resort housing assistance is necessary for the area as a whole; (ii) A program or project cannot be advanced to completion in a timely manner without last resort housing assistance; and. 24.205 Relocation planning, advisory services, and coordination. (M) Tenants required to move as a result of the sale of their dwelling to a person using downpayment assistance provided under the American Dream Downpayment Initiative (ADDI) authorized by section 102 of the American Dream Downpayment Act (Pub. If the combination of interest and points for the new mortgage exceeds the current prevailing fixed interest rate and points for conventional mortgages and there is no justification for the excessive rate, then the current prevailing fixed interest rate and points shall be used in the computations. The term business means any lawful activity, except a farm operation, that is conducted: (i) Primarily for the purchase, sale, lease and/or rental of personal and/or real property, and/or for the manufacture, processing, and/or marketing of products, commodities, and/or any other personal property; (ii) Primarily for the sale of services to the public; (iii) Primarily for outdoor advertising display purposes, when the display must be moved as a result of the project; or. ), Title VIII of the Civil Rights Act of 1968 (42 U.S.C. (i) Notification and inspection (nonresidential). (11) Any license, permit, fees or certification required of the displaced person at the replacement location. (See appendix A, 24.303(b).). (14) Household income. or existing codification. (b) Influence of the project on just compensation. When an adequate supply of replacement business sites is not expected to be available, the impacts of displacing the businesses should be considered and addressed. (iii) The method selected for providing last resort housing assistance is cost effective, considering all elements, which contribute to total program or project costs. (3) If a comparable replacement mobile home site is not available, the price differential payment shall be computed on the basis of the reasonable cost of a conventional comparable replacement dwelling. Any of the several States of the United States or the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, or a political subdivision of any of these jurisdictions. 24.302 Fixed payment for moving expensesresidential moves. (2) The person meets the other basic eligibility requirements at 24.401(a)(2); and. At a minimum, interviews with displaced business owners and operators should include the following items: (A) The business's replacement site requirements, current lease terms and other contractual obligations and the financial capacity of the business to accomplish the move. Another example could be the use of a superior, but smaller, decent, safe and sanitary dwelling to replace a large, old substandard dwelling, only a portion of which is being used as living quarters by the occupants and no other large comparable dwellings are available in the area. (ii) Rehabilitation of and/or additions to an existing replacement dwelling. However, the Agency is obligated to inform the person of his or her options under this part. (a) Whenever a program or project undertaken by a displacing Agency causes the relocation of a utility facility (see 24.2(a)(31)) and the relocation of the facility creates extraordinary expenses for its owner, the displacing Agency may, at its option, make a relocation payment to the owner for all or part of such expenses, if the following criteria are met: (1) The utility facility legally occupies State or local government property, or property over which the State or local government has an easement or right-of-way; (2) The utility facility's right of occupancy thereon is pursuant to State law or local ordinance specifically authorizing such use, or where such use and occupancy has been granted through a franchise, use and occupancy permit, or other similar agreement; (3) Relocation of the utility facility is required by and is incidental to the primary purpose of the project or program undertaken by the displacing Agency; (4) There is no Federal law, other than the Uniform Act, which clearly establishes a policy for the payment of utility moving costs that is applicable to the displacing Agency's program or project; and. (c) Appraisal and Establishment of Just Compensation for a Tenant-Owned Improvement. The appraisal report should identify the items considered in the appraisal to be real property, as well as those identified as personal property. Records maintained by an Agency in accordance with this part are confidential regarding their use as public information, unless applicable law provides otherwise. The term utility facility means any electric, gas, water, steam power, or materials transmission or distribution system; any transportation system; any communications system, including cable television; and any fixtures, equipment, or other property associated with the operation, maintenance, or repair of any such system. Relocation activities shall be coordinated with project work and other displacement-causing activities to ensure that, to the extent feasible, persons displaced receive consistent treatment and the duplication of functions is minimized. Grantees may provide a displaced person (as defined under 24 CFR 570.606 ) with rental assistance payments under the URA or provide temporary relocation assistance (as described in 49 CFR part 24 , Appendix A, 49 CFR The completed application for certification must be approved by the governor of the State, or the governor's designee, and must be coordinated with the Federal funding Agency, in accordance with application procedures. In the event that an Agency elects to consider using the duplicative provision in section 215 of the Uniform Act which permits the use of project funds for loans to cover planning and other preliminary expenses for the development of additional housing, the Lead Agency will establish criteria and procedures for such use upon the request of the Federal Agency funding the program or project. http://www.uscis.gov/graphics/fieldoffices/alphaa.htm. Among other qualifications, State licensing or certification and professional society designations can help provide an indication of an appraiser's abilities. (3) Any portion of a replacement housing payment necessary to satisfy the legal obligation of an estate in connection with the selection of a replacement dwelling by or on behalf of a deceased person shall be disbursed to the estate. (ii) Supported by receipted bills for labor and equipment. Such rent may not exceed the fair rental value of the property to a short-term occupier. Generally, the Agency's right to terminate occupancy on short notice (whether or not the renter also has that right) supports the establishment of a lesser rental than might be found in a longer, fixed-term situation. (g) No relocation payments or relocation advisory assistance shall be provided to a person who has not provided the certification described in this section or who has been determined to be not lawfully present in the United States, unless such person can demonstrate to the displacing Agency's satisfaction that the denial of relocation assistance will result in an exceptional and extremely unusual hardship to such person's spouse, parent, or child who is a citizen of the United States, or is an alien lawfully admitted for permanent residence in the United States. A notice of intent to acquire is a displacing Agency's written communication that is provided to a person to be displaced, including those to be displaced by rehabilitation or demolition activities from property acquired prior to the commitment of Federal financial assistance to the activity, which clearly sets forth that the Agency intends to acquire the property. These sections provide that, for programs and projects receiving Federal financial assistance described in 24.101(b)(1) and (2), Agencies are to inform the owner(s) in writing of the Agency's estimate of the fair market value for the property to be acquired. Any aggrieved person may file a written appeal with the Agency in any case in which the person believes that the Agency has failed to properly consider the person's application for assistance under this part. However, if it is shorter, use the term of the new mortgage and compute the needed monthly payment. (3) In either case the eviction was not undertaken for the purpose of evading the obligation to make available the payments and other assistance set forth in this part. For example, if the tenant-occupant of a dwelling will not be displaced, but is required to relocate temporarily in connection with the project, the temporarily occupied housing must be decent, safe, and sanitary and the tenant must be reimbursed for all reasonable out-of-pocket expenses incurred in connection with the temporary relocation. (F) An identification of any advance relocation payments required for the move, and the Agency's legal capacity to provide them. The in-place value estimate may not include costs that reflect code or other requirements that were not in effect at the displacement site; or include installation costs for machinery or equipment that is not operable or not installed at the displacement site. In order to prevent this unfair outcome, we have provided a definition of initiation of negotiation, which is based on the date the Federal Government offers to temporarily relocate an owner or tenant from the subject property. 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