La. Admin. Code tit. 70 § XVII-105

Current through Register Vol. 50, No. 11, November 20, 2024

Section XVII-105 - General Relocation Requirements

A. Purpose. This Section prescribes general requirements governing the provision of relocation payments and other relocation assistance in this Part.

B. Applicability. These requirements apply to the relocation of any displaced person as defined at §101. B 7

C. Relocation Notices

1. General Information Notice. As soon as feasible, a person scheduled to be displaced shall be furnished with a general written description of the department's relocation program which does at least the following:

a. informs the person that he or she may be displaced for the project and generally describes the relocation payment(s) for which the person may be eligible, the basic conditions of eligibility, and the procedures for obtaining the payment(s);

b. informs the person that he or she will be given reasonable relocation advisory services, including referrals to replacement properties, help in filing payment claims, and other necessary assistance to help the person successfully relocate;

c. informs the person that he or she will not be required to move without at least 90 days' advance written notice (see §105. C 3), and informs any person to be displaced from a dwelling that he or she cannot be required to move permanently unless at least one comparable replacement dwelling has been made available;

d. describes the person's right to appeal the department's determination as to a person's application for assistance for which a person may be eligible under this Part.

2. Notice of Relocation Eligibility. Eligibility for relocation assistance shall begin on the date of initiation of negotiations (defined in §101. B 11) for the occupied property. When this occurs, the department shall promptly notify all occupants in writing of their eligibility for applicable relocation assistance.

3. Ninety-Day Notice

a. General. No lawful occupant shall be required to move unless he or she has received at least 90 days advance written notice of the earliest date by which he or she may be required to move.

b. Timing of Notice. The department may issue the notice 90 days before it expects the person to be displaced or earlier.

c. Content of Notice. The 90-day notice shall 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 or she must move. If the 90-day notice is issued before a comparable replacement dwelling is made available, the notice must state clearly that the occupant will not have to move earlier than 90 days after such a dwelling is made available (see §105. D 1

d. Urgent Need. In unusual circumstances, an occupant may be required to vacate the property on less than 90 days advance written notice if the department determines that a 90-day notice is impracticable, such as when the person's continued occupancy of the property would constitute a substantial danger to health or safety. A copy of the department's determination shall be included in the applicable case file.

D. Availability of Comparable Replacement Dwelling before Displacement

1. General. No person to be displaced shall be required to move from his or her dwelling unless at least one comparable replacement dwelling (defined at §101. B.4 has been made available to the person. Where possible, three or more comparable replacement dwellings shall be made available. A comparable replacement dwelling will be considered to have been made available to a person, if:

a. the person is informed of its location;

b. the person has sufficient time to negotiate and enter into a purchase agreement or lease for the property; and

c. subject to reasonable safeguards, the person is assured of receiving the relocation assistance and acquisition payment to which the person is entitled in sufficient time to complete the purchase or lease of the property.

2. Circumstances Permitting Waiver. The federal agency funding the project may grant a waiver of the policy in §105. D.2.a in any case where it is demonstrated that a person must move because of:

a. a major disaster as defined in Section 102(c) of the Disaster Relief Act of 1974 (42 U.S.C. 5121); or

b. a presidentially declared national emergency; or

c. another emergency which requires immediate vacation of the real property, such as when continued occupancy of the displacement dwelling constitutes a substantial danger to the health or safety of the occupants or the public.

3. Basic Conditions of Emergency Move. Whenever a person is required to relocate for a temporary period because of an emergency as described in §105. D 2, the department shall:

a. take whatever steps are necessary to assure that the person is temporarily relocated to a decent, safe, and sanitary dwelling;

b. pay the actual reasonable out-of-pocket moving expenses and any reasonable increase in rent and utility costs incurred in connection with the temporary relocation; and

c. make available to the displaced person as soon as feasible, at least one comparable replacement dwelling. (For purposes of filing a claim and meeting the eligibility requirements for a relocation payment, the date of displacement is the date the person moves from the temporarily-occupied dwelling.)

E. Relocation Planning, Advisory Services, and Coordination

1. Relocation Planning. During the early stages of development, federal and federal-aid and state programs or projects shall be planned in such a manner that the problems associated with the displacement of individuals, families, businesses, farms, and nonprofit organizations are recognized and solutions are developed to minimize the adverse impacts of displacement. Such planning, where appropriate, shall precede any action by the department which will cause displacement, and should include an evaluation of program resources available to carry out timely and orderly relocations. Planning may involve a relocation survey or study which may include the following:

a. an estimate of the number of households to be displaced including information such as owner/tenant status, estimated value and rental rates of properties to be acquired, family characteristics, and special consideration of the impacts on minorities, the elderly, large families, and the handicapped when applicable;

b. an estimate of the number of comparable replacement dwellings in the area (including price ranges and rental rates) that may be available to fulfill the needs of those households displaced. When an adequate supply of comparable housing is not expected to be available, consideration of last resort housing actions should be instituted;

c. an estimate of the number, type and size of the businesses, farms, and nonprofit organizations to be displaced and the approximate number of employees that may be affected;

d. consideration of any special relocation advisory services that may be necessary from the displacing agency and other cooperating agencies.

2. Loans for Planning and Preliminary Expenses. In the event that the department elects to consider using the duplicative provision in Section 215 of the Uniform Act which permits the use of project funds for loans to cover planning and other preliminary expenses for the development of additional housing, the department will establish criteria and procedures for such use upon the request of the federal agency funding the program or project.

3. Relocation Assistance Advisory Services

a. General. The department shall carry out a relocation assistance advisory program which satisfies the requirements of Title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000 d et seq.), Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), and Executive Order 11063 (27 FR 11527, November 24. 1962), and offers the services described in §105. E.3.b. If the department determines that a person occupying property adjacent to the real property acquired for the project is caused substantial economic injury because of such acquisition, it may offer advisory services to such person.

b. Services to be Provided. The advisory program shall include such measures, facilities, and services as may be necessary or appropriate in order to:

i. determine the relocation needs and preferences of each person to be displaced and explain the relocation payments and other assistance for which the person may be eligible. The related eligibility requirements, and the procedures for obtaining such assistance. This shall include a personal interview with each person;

ii. provide current and continuing information on the availability, purchase prices, and rental costs of comparable replacement dwellings, and explain that the person cannot be required to move unless at least one comparable replacement dwelling is made available as set forth in §105. D 1:

(a). as soon as feasible, the department shall inform the person in writing of the specific comparable replacement dwelling and the price or rent used for establishing the upper limit of the replacement housing payment (see §109. C.1 and 2) and the basis for the determination, so that the person is aware of the maximum replacement housing payment for which he or she may qualify;

(b). where feasible, housing shall be inspected prior to being made available to assure that it meets applicable standards (see §101. B.4 and 6). If such an inspection is not made, the person to be displaced shall be notified that a replacement housing payment may not be made unless the replacement dwelling is subsequently inspected and determined to be decent, safe, and sanitary;

(c). whenever possible, minority persons shall be given reasonable opportunities to relocate to decent, safe, and sanitary replacement dwellings, not located in an area of minority concentration, that are within their financial means. This policy, however, does not require the department to provide a person a larger payment than is necessary to enable a person to relocate to a comparable replacement dwelling;

(d). all persons, especially the elderly and handicapped, shall be offered transportation to inspect housing to which they are referred;

iii. provide current and continuing information on the availability, purchase prices, and rental costs of comparable and suitable commercial and farm properties and locations. Assist any person displaced from a business or farm operation to obtain and become established in a suitable replacement location;

iv. minimize hardships to persons in adjusting to relocation by providing counseling, advice as to other sources of assistance that may be available, and such other help as may be appropriate;

v. supply persons to be displaced with appropriate information concerning federal and state housing programs, disaster loan and other programs administered by the Small Business Administration, and other federal and state programs offering assistance to displaced persons, and technical help to persons applying for such assistance;

vi. any person who occupies property acquired by the department, when such occupancy began subsequent to the acquisition of the property, and the occupancy is permitted by a short term rental agreement or an agreement subject to termination when the property is needed for a program or project, shall be eligible for advisory services, as determined by the department.

4. Coordination of Relocation Activities. Relocation activities shall be coordinated with project work and other displacement-causing activities to ensure that, to the extent feasible, persons displaced receive consistent treatment and the duplication of functions is minimized (also see §101 F)

F. Eviction for Cause. Eviction for cause must conform to applicable state and local law. Any person who has lawfully occupied the real property, but who is later evicted for cause on or after the date of the initiation of negotiations, retains the right to the relocation payments and other assistance set forth in this Part. For purposes of determining eligibility for relocation payments, the date of displacement is the date the person moves or the date a comparable replacement dwelling is made available, whichever is later. This Section applies only if the department had intended to displace the person.

G. General Requirements-Claims for Relocation Payments

1. Documentation. Any claim for a relocation payment shall be supported by such documentation as may be reasonably required to support expenses incurred, such as bills, certified prices, appraisals, or other evidence of such expenses. A displaced person must be provided reasonable assistance necessary to complete and file any required claim for payment.

2. Expeditious Payments. The department shall review claims in an expeditious manner. The claimant shall be promptly notified as to any additional documentation that is required to support the claim. Payment for a claim shall be made as soon as feasible following receipt of sufficient documentation to support the claim.

3. Advance Payments. If a person demonstrates the need for an advance relocation payment in order to avoid or reduce a hardship, the department shall issue the payment, subject to such safeguards as are appropriate to ensure that the objective of the payment is accomplished.

4. Time for Filing

a. All claims for a relocation payment shall be filed with the department within 18 months after:

i. for tenants, the date of displacement;

ii. for owners, the date of displacement or the date of the final payment for the acquisition of the real property, whichever is later.

b. This time period shall be waived by the department for good cause.

5. Multiple Occupants of One Displacement Dwelling. If two or more occupants of the displacement dwelling move to separate replacement dwellings, each occupant is entitled to a reasonable prorated share, as determined by the department, of any relocation payments that would have been made if the occupants moved together to a comparable replacement dwelling. However, if the department determines that two or more occupants maintained separate households within the same dwelling, such occupants have separate entitlements to relocation payments.

6. Deductions from Relocation Payments. The department shall deduct the amount of any advance relocation payment from the relocation payment(s) to which a displaced person is otherwise entitled. Similarly, a federal agency shall, and the department may, deduct from relocation payments any rent that the displaced person owes the department: provided that no deduction shall be made if it would prevent the displaced person from obtaining a comparable replacement dwelling as required by §105. D The department shall not withhold any part of a relocation payment to a displaced person to satisfy an obligation to any other creditor.

7. Notice of Denial of Claim. If the department disapproves all or part of a payment claimed or refuses to consider the claim on its merits because of untimely filing or other grounds, it shall promptly notify the claimant in writing of its determination, the basis for its determination and the procedures for appealing that determination.

H. Relocation Payments Not Considered as Income. No relocation payment received by a displaced person under this Part shall be considered as income for the purpose of the Internal Revenue Code of 1954, or for the purpose of determining the eligibility or the extent of eligibility of any person for assistance under the Social Security Act or any other federal law, except for any federal law providing low-income housing assistance.

La. Admin. Code tit. 70, § XVII-105

Promulgated by the Department of Transportation and Development, Office of Real Estate, LR 19:507 (April 1993).

AUTHORITY NOTE: Promulgated in accordance with 42 USC 4601 - 4655, 52 FR 45667, 49 CFR 1.48(dd); and R.S. 38:3107.