(d) Notice of intent to acquire, rehabilitate, and/or demolish. If the business or farm was not in operation for the full 2 taxable years prior to displacement, net earnings shall be based on the actual period of operation at the displacement site during the 2 taxable years prior to displacement, projected to an annual rate. Report all parcels acquired during the report year where title or possession was vested in the Agency during the reporting period. Whenever a program or project cannot proceed on a timely basis because comparable replacement dwellings are not available within the monetary limits for owners or tenants, as specified in § 24.401 or § 24.402, as appropriate, the Agency shall provide additional or alternative assistance under the provisions of this subpart. The scope of work and development of an appraisal under this section depends on the complexity of the appraisal problem. A replacement housing payment is personal to the displaced person and upon his or her death the undisbursed portion of any such payment shall not be paid to the heirs or assigns, except that: (1) The amount attributable to the displaced person's period of actual occupancy of the replacement housing shall be paid. (1) The payment shall be based on the difference between the HECM balance and the minimum amount needed to qualify for a HECM with the similar terms as the HECM mortgage on the displacement dwelling; however, in the event the displaced person obtains a smaller HECM than the HECM balance(s) computed in the buydown determination, the payment will be prorated and reduced accordingly. However, an aggrieved claimant can directly approach a court of law if the administrative remedies are inadequate or futile[vii]. The FHWA continues to believe that providing notices by either first class mail or electronic means should not to be used as a substitute for face-to-face meetings, but rather as a supplemental means of communication that accommodates an owner's or occupant's preference. (See appendix A of this part, Section 24.102(c)(2). They may be single or multi-sectioned units when installed. An electronic copy of this document may also be downloaded by accessing the Office of the Federal Register's home page at: https://www.federalregister.gov. [3] The appraiser and review appraiser must each be qualified and competent to perform the appraisal and appraisal review assignments, respectively. As a result, FHWA finds that this proposed rulemaking would not result in significant impacts on the human environment. For moving expenses, the payment is to be based on the proportion of lawfully present occupants to the total number of occupants. Under the proposed changes, the single agent concept could still be applied with waiver valuations up to the $10,000 amount. (1) Before a Federal Agency may approve any grant to, or contract, or agreement with, an 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 Agency must provide appropriate assurances that it will comply with the Uniform Act and this part. Report the total amount paid for nonresidential reestablishment expenses. The FHWA proposes to strike the term “site(s)” and insert “property or properties.” The FHWA believes the proposed change accurately reflects the types of acquisitions that Agencies may make and this requirement's goal of ensuring that voluntary acquisitions are truly independent of site and corridor. (l) Inverse condemnation. 60l-612), FHWA has evaluated the effects of this proposed rule on small entities and anticipates that this action would not have a significant economic impact on a substantial number of small entities, which includes SDOTs, Local Public Agencies, other State governmental Agencies or recipients and subrecipients of Federal Agencies subject to this regulation. (iii) The total of the amounts designated for shelter and utilities if the displaced person is receiving a welfare assistance payment from a program that designates the amounts for shelter and utilities. The Federal Agency will monitor compliance with this part, and the recipient shall take whatever corrective action is necessary to comply with the Uniform Act and this part. Computation: $20,000 divided by 18 months = $1,111 per month × 24 months = $26,664 divided by 2 years = $13,332; Eligibility = $13,332 (Average annual net earnings). Further, Federal or federally assisted activities involving land acquisition or displacement, undertaken by a newly constituted Federal Agency, would be covered by the Uniform Act. (6) An Agency shall deduct the amount of any advance relocation payment from the relocation payment(s) to which a displaced person is otherwise entitled. Congress passed the law to safeguard people whose real property is acquired or who move from their homes, Start Printed Page 69487businesses, nonprofit organizations, or farms as a result of projects receiving Federal financial assistance. The FHWA believes that more clearly establishing this standard as a regulatory requirement by incorporating it into the regulatory text will provide recipients with a more easily understood requirement for persons who are temporarily displaced. documents in the last year, 1495 If a tenant is not readily accessible, as the result of a disaster or emergency, the Agency must make a good faith effort to provide these notifications and document its efforts in writing. U.S. Department of Housing and Urban Development | 451 7th Street S.W., Washington, DC 20410 Telephone: (202) 708-1112 TTY: (202) 708-1455 The FHWA realizes that not all Agencies subject to this reporting requirement currently have the ability to collect all information requested on the reporting form. Administration of jointly-funded projects. documents in the last year, 29 1977). This shall include any improvement of a tenant-owner who has the right or obligation to remove the improvement at the expiration of the lease term. (ii) State Agency. An eligible displaced person who rents a replacement dwelling is entitled to a payment not to exceed $7,200 for rental assistance. The proposed changes are intended to more clearly describe the authorities and rights created by the appeals process and to more directly provide information on the process to follow should a determination on the appeal be desired. (g) Eligible actual moving expenses. Agencies or recipients desiring to exercise this option must request approval in writing from the Federal funding Agency. Among other qualifications, State licensing or certification and professional society designations can help provide an indication of an appraiser's abilities. The statute defines a displaced person as someone who moves from real property, or moves his/her personal property from real property: “(1) as a direct result of a written notice of intent to acquire, the initiation of negotiations for, or the acquisition of, such real property in whole or in part, for a program or project undertaken by a federal agency or with federal financial assistance; or (2) on which such person is a residential tenant or conducts a small business, a farm operation, or a business as a direct result of rehabilitation, demolition, or other displacing activity as the lead agency may prescribe, under a program or project undertaken by a federal agency or with federal financial assistance in any case in which the head of the displacing agency determines that such displacement is permanent[viii].”. (13) Cosmetic changes to a replacement dwelling such as painting, draperies, or replacement carpet or flooring. The FHWA last updated 49 CFR part 24 in 2005. The needed time can vary significantly, depending on the circumstances, but thirty (30) days would seem to be the minimum time these actions can be reasonably expected to require. The displaced business is eligible for the payment if the Agency determines that: (1) The business owns or rents personal property which must be moved in connection with such displacement and for which an expense would be incurred in such move and the business vacates or relocates from its displacement site; (2) The business cannot be relocated without a substantial loss of its existing patronage (clientele or net earnings). Raising the maximum payment levels will compensate those entities more fairly and equitably for the negative impacts they experience as a result of a Federal or federally assisted project. Their designation as personalty or realty will be determined by State law. 2000d et seq.). The price differential to be paid under paragraph (b)(1) of this section is the amount which must be added to the acquisition cost of the displacement dwelling and site (see § 24.2(a)) to provide a total amount equal to the lesser of: (i) The reasonable cost of a comparable replacement dwelling as determined in accordance with § 24.403(a); or. Section 24.202 Applicability and section 205(c) services to be provided. (b) Determining the number of businesses. Some investors may garner additional tax benefits by making LIHTC investments.” [1] Such expenses must be reasonable. Approval for utilizing a waiver valuation of more than $25,000, but up to $50,000, may only be requested on a project-by-project basis and the request for doing so shall be made in writing to the Federal funding Agency setting forth: (1) The anticipated benefits of, and reasons for, raising the waiver valuation ceiling above $25,000; (2) The administrative/managerial oversight mechanisms used to assure proper use and review; (3) The names/credentials of individuals who will be performing the waiver valuations;Start Printed Page 69496. (See appendix A of this part, Section 24.5.). The Agency may have appraisal requirements that supplement this section, including, to the extent appropriate, the Uniform Appraisal Standards for Federal Land Acquisition (UASFLA), also commonly referred to as the “Yellow Book”.) The income limit must then be compared to the household income (defined at § 24.2(a)) which is the gross annual income received by the displaced family, excluding income from any dependent children and full-time students under the age of 18. ), (3) The Relocation assistance provisions included in this part are applicable to any property owner or tenants who must move as a result of an acquisition described in paragraph (d)(2) of this section. estimated average monthly cost of utilities for a comparable replacement dwelling” can be applied, as opposed to the actual utility costs, when determining base monthly rental of the displacement dwelling. An Agency wishing to proceed on the basis of a certification may request an application for certification from the Lead Agency Director, Office of Real Estate Services, HEPR-1, Federal Highway Administration, 1200 New Jersey Avenue SE, Washington, DC 20590. 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. 13211 is not required. Line 2. The 90-day notice must either state a specific date as the earliest date by which the occupant may be required to move, or state that the occupant will receive a further notice indicating, at least 30 days in advance, the specific date by which he/she must move. (h) For purposes of paragraph (g) of this section, “exceptional and extremely unusual hardship” to such spouse, parent, or child of the person not lawfully present in the United States means that the denial of relocation payments and advisory assistance to such person will directly result in (see appendix A of this part, Section 24.208(h)): (1) A significant and demonstrable adverse impact on the health or safety of such spouse, parent, or child; (2) A significant and demonstrable adverse impact on the continued existence of the family unit of which such spouse, parent, or child is a member; or. Section 24.2(a) Federal down payment assistance. RHP/RAP (FHWA Cost Savings), Homeowner 90 Eligibility (FHWA Cost Savings). 501). The FHWA is also proposing to add an item to this part to explicitly state that aliens not lawfully present in the United States are not eligible for temporary relocation assistance unless such denial of benefits would create an extremely unusual hardship to a designated family member in accordance with § 24.208(g). Each notice shall indicate the name and telephone number of a person who may be contacted for answers to questions or other needed help. HUD (U.S. Department of Housing and Urban Development).  https://www.fhwa.dot.gov/​real_​estate/​publications/​business_​relocation_​assistance/​final_​report/​page06.cfm. (4) The displaced person or their representative shall be advised of the approximate amount of this eligibility and the conditions that must be met to receive the reimbursement as soon as the facts relative to the person's current HECM are known; the payment shall be made available at or near the time of closing on the replacement dwelling in order to purchase the new HECM as intended. (See § 24.404.) The intent of this paragraph was to recognize that relocating a business may require some utility service modifications and reconnection costs. The third provision has been expanded to allow Federal Agencies to permit use of a single agent for values of more than $10,000, but less than $25,000, but, as a safeguard, requires that an appraisal and appraisal review be done to allow the appraiser to also act as the negotiator. This addition will serve to clarify that when persons move, or move their personal property from the real property as a result of a written notice of intent to rehabilitate or demolish, or move after that notice but before delivery of the initial written offer, initiation of negotiations means the actual move of the person from the property. The current rule contained in § 24.102(c)(2)(ii) provides Agencies the latitude to define “uncomplicated” as being up to $10,000. Federal down payment assistance provided to a private individual to purchase a residence is Federal financial assistance, as defined by the Uniform Act. A utility facility may be publicly, privately, or cooperatively owned. In order to encourage those States to take advantage of the Start Printed Page 69475streamlining efficiencies offered by the waiver valuation, and in an effort to avoid the increased time and increased cost associated with providing fully documented appraisals, FHWA proposes to incorporate a jurisdictional exception that preserves the original intent of the waiver valuation process while offering appraisers that wish to perform this type of work for Agencies an avenue for accepting waiver valuation assignments while remaining compliant with the provisions of the State appraisal licensing enforcement Agencies. 1989). Summary of Costs and Benefits for Analysis Period 2019-2028. (2) Modifications to the replacement property to accommodate the business operation or make replacement structures suitable for conducting the business. Should the business elect to receive this payment, it would not be eligible for any other relocation assistance payments including actual moving or related expenses, or reestablishment expenses. The FHWA has developed a separate regulatory impact analysis which documents the costs for its program administration and oversight. They are also considered to be consistent with Standards 1, 2, 3, and 4 of the USPAP. L. 91-646, 84 Stat. Unless otherwise noted, the following terms used in this part shall be understood as defined in this section: Agency. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. The first provision is the prohibition against having any interest in the real property being valued by the appraiser (for an appraisal), the valuer (for a waiver valuation), or the review appraiser (for an appraisal review). An offer should be adequately presented to an owner, and the owner should be properly informed. This estimate includes costs and benefits for the necessary updates and revisions to program materials including operations manuals. Agency review appraisers typically perform a role greater than technical appraisal review. Section 301(6) of the Uniform Act limits what an Agency may charge when a former owner or previous occupant of a property is permitted to rent the property for a short term or when occupancy is subject to termination by the Agency on short notice. (c) A relocation payment to a utility facility owner for moving costs under this section may not exceed the cost to functionally restore the service disrupted by the federally assisted program or project, less any increase in value of the new facility and salvage value of the old facility. (ii) No later than the time of the offer inform the owner of the property, or the owner's designated representative, in writing of what it believes to be the fair market value of the property. The FHWA has had an ongoing dialog with stakeholders and has developed the proposed rule in a manner that balances stakeholder concerns and practical implementation issues to allow SDOTs and Federal Agency recipients to utilize the new flexibilities while minimizing their effects on existing requirements and procedures. informational resource until the Administrative Committee of the Federal The Federal Government relocation program is no different and has its own set of guidelines that need to be followed as well as a list of those who do and do not qualify to participate in … One factor in this calculation is to determine if a displaced person is “low income,” as defined by the U.S. Department of Housing and Urban Development's annual survey of income limits for the Public Housing and Section 8 Programs. [3] L. 105-117; codified at 42 U.S.C. (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. Moving cost payments to persons occupying mobile homes are covered in § 24.301(g)(1) through (10). However, Federal Agencies may elect to provide a narrative report that focuses on their respective efforts to improve and enhance delivery of Uniform Act benefits and services. This section prohibits an Agency from making a payment to a person under this part that would duplicate another payment the person receives under Federal, State, or local law. The overall objective is to minimize the risk of fraud, waste, and abuse while allowing Agencies to operate as efficiently as possible. This could cause a substantial increase in calculated eligibility or a windfall by virtue of the property owner electing to retain the remainder. 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