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Welcome to the International Right of Way

Association’s

Course 501Residential Relocation Assistance

501.PPT.R4.2015.06.25.0.0

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Introductions

Who we are…What we do…

Where we do it…

How long we’ve been doing it…

Our goals for the course...

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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

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Housekeeping

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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

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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

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ConstitutionStatutes

United States CodeRegulations

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Objectivesto be able to…

• Fair, equitable and consistent treatment

• Will not suffer disproportionate injuries or hardships

• Efficient and cost effective implementation

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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

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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

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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.

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Relocation Plan (2)

Inventory

Survey

Analyze

Propose

Determine

Tabulate

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Relocation Plan (3)

Compare

Discuss

Discuss

Estimate

Present

State

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Appraisal Issues

• Adequacy of real property interest

• Appraisal

• Appraisal review

• Establishment of just compensation

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Acquisition Issues

• Meet the Uniform Act’s objectives

• Initiation of negotiations

• Written purchase offer and summarystatement

• Acquisition by negotiations

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Advisory Assistance

• Interview

• Information on availability

• Inspection

• Transportation

• Information on other programs

• Written information

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Relocation Notices

• General information notice

• Notice of relocation eligibility

• Ninety-day notice

• Notice of denial of claim

• Determination and notificationafter appeal

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Moving Expenses (1)

Actual Cost

Fixed

Personal Property Only

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Moving Expenses (2)

Eligible

Ineligible

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Program Overview

Advisory Services

Financial Assistance

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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

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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

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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

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Residential Relocation Assistance (1)

90-day tenants 90-day tenants 90-day

homeowner occupants

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Advisory Assistance

• Interview

• Information on availability

• Inspection

• Transportation

• Information on other programs

• Written information

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Residential Relocation Assistance (2)

90-day tenants 90-day tenants 90-day

Homeowner occupants

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Moving Expenses

Actual Cost

Schedule

Combination

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Residential Replacement Housing Payments

90-day tenants

90-day homeowner occupantsPrice differential

Mortgage differential

Incidental expenses

Occupants of less than 90 days

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Day One Recap

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Day Two

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Comparable Replacement Housing

• Decent, safe and sanitary

• Functionally equivalent

• Adequate in size

• No unreasonable adverseenvironmental conditions

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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

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Calculation (1)

• Rent and utilities at displacement dwelling

• Household income

• Low income?

• If low income, calculate 30%

• Base monthly rent

• Comparable

• Calculate

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Calculation (2)

(Monthly rent of the comparablereplacement property plus

utilities)minus (Base monthly rent atthe displacement dwelling)times 42 equals (Maximumrental assistance payment)

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Replacement Housing Payments

Payment to eligible 90-day homeowner

occupant. May not exceed $31,000.

• Price differential

• Mortgage interest differential payment

• Incidental expenses

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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.

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Comparable Replacement Housing

• Decent, safe and sanitary

• Functionally equivalent

• Adequate in size

• No unreasonable adverseenvironmental conditions

• Currently available

• Financial means

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Calculation

(Cost of selected comparable) minus(Price paid for displacement dwelling)

= (Maximum price differential payment)

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Additional Items to Consider

• Adjustments for major exterior attributes

• Adjustments for mixed-use properties

• Changes in just compensation

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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.

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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.

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Mobile Home

“… includes manufactured homes and recreational vehicles usedas residences.”

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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.

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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