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Welcome to the International Right of Way Association’s Course 501 Residential Relocation Assistance. 501-PT - Revision 3 - 11.13.06.USA. 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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Welcome to theInternational Right of Way Association’sCourse 501Residential Relocation Assistance 501-PT - Revision 3 - 11.13.06.USA
Introductions Who we are… What we do… Where we do it… How long we’ve been doing it… Our goals for the course...
ObjectivesAt 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
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
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 Occupants 10:45 - 12:30 180-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
Constitution Statutes United States Code Regulations
Objectives • Fair, equitable and consistent treatment • Will not suffer disproportionate injuries or hardships • Efficient and cost effective implementation
Basic Policies (1) • Expeditious acquisition • Notice to owner • Appraisal and invitation to the owner • Appraisal waiver • Establishment and offer of just compensation • Summary statement • Basic negotiation procedures
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
Relocation Plan (1) A relocation plan recognizes the problems associated with the displacement of individuals, families, businesses, farms and nonprofit organizations and develops solutions to minimize the adverse impacts of the displacements.
Relocation Plan (2) Inventory Survey Analyze Propose Determine Tabulate
Relocation Plan (3) Compare Discuss Discuss Estimate Present State
Appraisal Issues • Adequacy of real property interest • Appraisal • Appraisal review • Establishment of just compensation
Acquisition Issues • Meet the Uniform Act’s objectives • Initiation of negotiations • Written purchase offer and summary statement • Acquisition by negotiations
Advisory Assistance • Interview • Information on availability • Inspection • Transportation • Information on other programs • Written information
Relocation Notices • General information notice • Notice of relocation eligibility • Ninety-day notice • Notice of denial of claim • Determination and notificationafter appeal
Moving Expenses (1) Actual Cost Fixed Personal Property Only
Moving Expenses (2) Eligible Ineligible
Program Overview Advisory Services Financial Assistance
Who is a displaced person? Any person who moves from real property or moves personal property from real propertyas a result of… • written notice of acquisition • rehabilitation or demolition • written notice of acquisition, rehabilitation or demolition of other real property
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
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 is unlawfully in the U.S. is a tenant required to move under the provisions of the A.D.D.P.I. program
Advisory Assistance • Interview • Information on availability • Inspection • Transportation • Information on other programs • Written information
Moving Expenses Actual Cost Schedule Combination
Residential Replacement Housing Payments 90-day tenant or owner occupants 90-179-day homeowner occupants 180-day homeowner occupants Price differential Mortgage differential Incidental expenses Occupants of less than 90 days
Comparable Replacement Housing • Decent, safe and sanitary • Functionally equivalent • Adequate in size • No unreasonable adverse environmental conditions
90-day Occupants • 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
Calculation (1) • Rent and utilities at displacement dwelling • Household income • Low income? • If low income, calculate 30% • Base monthly rent • Comparable • Calculate
Calculation (2) (Monthly rent of the comparable replacement property plus utilities) minus (Base monthly rent at the displacement dwelling) times 42 equals (Maximum rental assistance payment)
Replacement Housing Payments Payment to eligible 180-day homeowner occupant. May not exceed $22,500. • Price differential • Mortgage interest differential payment • Incidental expenses
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.
Comparable Replacement Housing • Decent, safe and sanitary • Functionally equivalent • Adequate in size • No unreasonable adverse environmental conditions • Currently available • Financial means
Calculation (Cost of selected comparable) minus (Price paid for displacement dwelling) equals (Maximum price differential payment)
Additional Items to Consider • Adjustments for major exterior attributes • Adjustments for mixed-use properties • Changes in just compensation
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 mortgage on the displacement dwelling.
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.
Mobile Home “… includes manufactured homes and recreational vehicles used as residences.”
HLR Whenever a project cannot proceed on a timely basis because comparable replacement dwellings are not available within the monetary limits for owners or tenants, the agency must provide additional or alternative assistance under housing of last resort.
ObjectivesAt 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
Thank you! 501-PT - Revision 3 - 11.13.06.USA