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1
Welcome to the International Right of Way
Association’s
Course 501Residential Relocation Assistance
501.PPT.R4.2015.06.25.0.0
2
Introductions
Who we are…What we do…
Where we do it…
How long we’ve been doing it…
Our goals for the course...
3
Objectives At the conclusion of the course,
you will be able to...
• Demonstrate knowledge of the basic residential relocation
assistance program, as it relates to federal or federally
assisted projects
• Build on that knowledge to understand broad concepts
and the detailed rules and regulations of the Uniform Act
4
Housekeeping
5
Schedule (1)
8:00 - 8:30 Introductions, Etc.
8:30 - 9:45 Land Acquisition: An Overview
10:15 - 11:00 Planning Process
11:00 - 12:00 Appraisal and Acquisition Issues
1:00 - 1:45 Relocation Advisory Services
1:45 - 2:15 Moving Expenses
2:30 - 4:15 Eligibility and Entitlements:
An Overview
4:15 - 4:30 Recap Day One
6
Schedule (2)
8:00 - 8:15 Recap Day One/Introduce Day Two
8:15 - 9:00 Comparable Replacement Housing
9:00 - 10:30 90-Day Tenants
10:45 - 12:30 90-Day Homeowner Occupants
1:30 - 2:15 Mobile Homes
2:30 - 3:00 Housing of Last Resort
3:00 - 3:30 Claim Filing and Appeals
3:30 - 3:45 Summary and Review
3:45 - 5:00 Exam
7
ConstitutionStatutes
United States CodeRegulations
8
Objectivesto be able to…
• Fair, equitable and consistent treatment
• Will not suffer disproportionate injuries or hardships
• Efficient and cost effective implementation
9
Basic Policies (1)
• Expeditious acquisition
• Notice to owner
• Appraisal and invitation to the owner
• Appraisal waiver
• Establishment and offer of justcompensation
• Summary statement
• Basic negotiation procedures
10
Basic Policies (2)
• Updating offer of just compensation
• Coercive action
• Administrative settlement
• Payment before taking possession
• Uneconomic remnant
• Inverse condemnation
• Fair rental
• Conflict of interest
11
Relocation Plan (1)
A relocation plan recognizes the problemsassociated with the displacement of individuals, families, businesses, farmsand nonprofit organizations and develops solutions to minimize the adverse impacts of the displacements.
12
Relocation Plan (2)
Inventory
Survey
Analyze
Propose
Determine
Tabulate
13
Relocation Plan (3)
Compare
Discuss
Discuss
Estimate
Present
State
14
Appraisal Issues
• Adequacy of real property interest
• Appraisal
• Appraisal review
• Establishment of just compensation
15
Acquisition Issues
• Meet the Uniform Act’s objectives
• Initiation of negotiations
• Written purchase offer and summarystatement
• Acquisition by negotiations
16
Advisory Assistance
• Interview
• Information on availability
• Inspection
• Transportation
• Information on other programs
• Written information
17
Relocation Notices
• General information notice
• Notice of relocation eligibility
• Ninety-day notice
• Notice of denial of claim
• Determination and notificationafter appeal
18
Moving Expenses (1)
Actual Cost
Fixed
Personal Property Only
19
Moving Expenses (2)
Eligible
Ineligible
20
Program Overview
Advisory Services
Financial Assistance
21
Who is a displaced person?
Any person who moves from real property or moves personal property from real property as a result of…
• written notice of acquisition
• rehabilitation or demolition
• written notice of acquisition, rehabilitation or demolition of other real property
22
Who is not a displaced person? (1)
A person who…
• moves before the initiation of negotiations
• occupies after the acquisition
• occupies solely to obtain assistance
• is not required to move permanently
• moves under a voluntary acquisition
• is not displaced as a result of a partial acquisition
23
Who is not a displaced person? (2)
A person who…
• receives notice that he/she will not be displaced
• voluntarily conveys (no eminent domain action)
• retains the right of life use and occupancy
• unlawfully in the U.S.
• is a tenant required to move under the provisions of the A.D.D.P.I. program
24
Residential Relocation Assistance (1)
90-day tenants 90-day tenants 90-day
homeowner occupants
25
Advisory Assistance
• Interview
• Information on availability
• Inspection
• Transportation
• Information on other programs
• Written information
26
Residential Relocation Assistance (2)
90-day tenants 90-day tenants 90-day
Homeowner occupants
27
Moving Expenses
Actual Cost
Schedule
Combination
28
Residential Replacement Housing Payments
90-day tenants
90-day homeowner occupantsPrice differential
Mortgage differential
Incidental expenses
Occupants of less than 90 days
29
Day One Recap
30
Day Two
31
Comparable Replacement Housing
• Decent, safe and sanitary
• Functionally equivalent
• Adequate in size
• No unreasonable adverseenvironmental conditions
32
90-day Tenants
• 90-days prior to...
• Rent or purchase and occupy D.S.S.dwelling within one year of move(tenant) or payment (owner)
• File a claim within 18 months of move
33
Calculation (1)
• Rent and utilities at displacement dwelling
• Household income
• Low income?
• If low income, calculate 30%
• Base monthly rent
• Comparable
• Calculate
34
Calculation (2)
(Monthly rent of the comparablereplacement property plus
utilities)minus (Base monthly rent atthe displacement dwelling)times 42 equals (Maximumrental assistance payment)
35
Replacement Housing Payments
Payment to eligible 90-day homeowner
occupant. May not exceed $31,000.
• Price differential
• Mortgage interest differential payment
• Incidental expenses
36
Price Differential Payment
…provides the displaced person with
the financial assistance to purchase
and occupy a comparable replacement
site and dwelling without involuntarily
incurring additional expense.
37
Comparable Replacement Housing
• Decent, safe and sanitary
• Functionally equivalent
• Adequate in size
• No unreasonable adverseenvironmental conditions
• Currently available
• Financial means
38
Calculation
(Cost of selected comparable) minus(Price paid for displacement dwelling)
= (Maximum price differential payment)
39
Additional Items to Consider
• Adjustments for major exterior attributes
• Adjustments for mixed-use properties
• Changes in just compensation
40
Mortgage Interest Differential Payment
The MIDP is the amount, which reduces the mortgage balance on a new mortgage to an amount, which could be amortized with the same monthly payment as the mortgageon the displacement dwelling.
41
Incidental Expenses
… are the necessary and reasonable costs actually incurred by the displaced person incident to the purchase of a replacement dwelling, and customarily paid by the buyer.
42
Mobile Home
“… includes manufactured homes and recreational vehicles usedas residences.”
43
HLR
Whenever a project cannot proceedon a timely basis because comparable
replacement dwellings are not availablewithin the monetary limits for ownersor tenants, the agency must provide
additional or alternative assistance underhousing of last resort.
44
Objectives At this point, you are able to...
• Demonstrate knowledge of the basic residential relocation
assistance program, as it relates to federal or federally
assisted projects
• Build on that knowledge to understand broad concepts
and the detailed rules and regulations of the Uniform Act
45
Thank you
501-PT - Revision 3 - 11.13.06.USA