1 Welcome to the International Right of Way Association’s Course 501 Residential Relocation Assistance 501.PPT.R4.2015.06.25.0.0.

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Presentation transcript:

1 Welcome to the International Right of Way Association’s Course 501 Residential Relocation Assistance 501.PPT.R

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 - 8:30Introductions, Etc. 8:30 - 9:45Land Acquisition: An Overview 10: :00Planning Process 11: :00Appraisal and Acquisition Issues 1:00 - 1:45Relocation Advisory Services 1:45 - 2:15Moving Expenses 2:30 - 4:15Eligibility and Entitlements: An Overview 4:15 - 4:30Recap Day One

6 Schedule (2) 8:00 - 8:15Recap Day One/Introduce Day Two 8:15 - 9:00Comparable Replacement Housing 9: :3090-Day Tenants 10: :3090-Day Homeowner Occupants 1:30 - 2:15Mobile Homes 2:30 - 3:00Housing of Last Resort 3:00 - 3:30Claim Filing and Appeals 3:30 - 3:45Summary and Review 3:45 - 5:00Exam

7 Constitution Statutes United States Code Regulations

8 Objectives to 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 just compensation 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 problems associated with the displacement of individuals, families, businesses, farms and 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 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 summary statement 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 notification after 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 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 Homeowner occupants

27 Moving Expenses Actual Cost Schedule Combination

28 Residential Replacement Housing Payments 90-day tenants 90-day homeowner occupants Price 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 adverse environmental 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 comparable replacement property plus utilities) minus (Base monthly rent at the displacement dwelling) times 42 equals (Maximum rental 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 adverse environmental 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 mortgage on 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 used as residences.”

43 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.

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 USA