Tenn. Comp. R. & Regs. 1680-06-02-.03

Current through December 10, 2024

Section 1680-06-02-.03 - DEFINITIONS

(1) "Act" means the Uniform Relocation Assistance Act of 1972, as amended and codified in T.C.A. § 13-11-101 et seq.

(2) "Alien not lawfully present in the United States" means an alien who is not "lawfully present" in the United States as defined in 8 C.F.R. § 103.12, or as amended, and includes the following:

(a) An alien present in the United States who has not been admitted or paroled into the United States pursuant to the Immigration and Nationality Act and whose stay in the United States has not been authorized by the United States Attorney General; and

(b) An alien who is present in the United States after the expiration of the period of stay authorized by the United States Attorney General or who otherwise violates the terms and conditions of admission, parole or authorization to stay in the United States.

(3) "Business" means any lawful activity, excepting a farm operation, conducted primarily:

(a) For the purchase, sale, lease and rental of personal and real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property;

(b) For the sale of services to the public;

(c) By a nonprofit organization; or

(d) For assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display or displays, whether or not such display or displays are located on the premises on which any of the above activities are conducted; provided, however, that such outdoor advertising shall be considered a business solely for the purpose of obtaining moving and related expenses as provided in T.C.A. § 13-11-105 and these Rules.

(4) "Comparable replacement dwelling" means any dwelling that is:

(a) Decent, safe, and sanitary, as further defined in this Rule;

(b) Adequate in size to accommodate the occupants;

(c) Within the financial means of the displaced person, which means that:

1. A replacement dwelling for a homeowner in occupancy at the displacement dwelling for at least 90 days prior to the initiation of negotiations (90-day homeowner) is considered to be within the homeowner's financial means if the homeowner will receive the full replacement housing payment as described in Rule 1680-06-02-.13, Subparagraph (1)(b), all increased mortgage interest costs as described in Rule 1680-06-02-.13, Subparagraph (1)(d), and all incidental expenses as described in Rule 1680-06-02-.13, Subparagraph (1)(e), plus any additional amount required to be paid under Rule 1680-06-02-.15, Last Resort Housing; or

2. A replacement rental dwelling is considered to be within an eligible displaced person's financial means if, after receiving rental assistance under Rule 1680-06-02-.13, Paragraph (2), the displaced person's monthly rent and estimated monthly utility costs for the replacement dwelling do not exceed the person's base monthly rental for the displacement dwelling as described in Rule 1680-06-02-.13, Subparagraph (2)(b); or

3. For a displaced person who is not eligible to receive a replacement housing payment because of the person's failure to meet length-of-occupancy requirements, comparable replacement rental housing is considered to be within the person's financial means if the displacing agency pays that portion of the monthly housing costs of a replacement dwelling which exceeds 30 percent of such person's gross monthly household income or, if receiving a welfare assistance payment from a program that designates amounts for shelter and utilities, the total of the amounts designated for shelter and utilities; provided, however, that such rental assistance must be paid under Rule 1680-06-02-.15, Last Resort Housing;

(d) Functionally equivalent to the dwelling from which the occupant was displaced, which means that:

1. The replacement dwelling performs the same function and provides the same utility; and

2. While a comparable replacement dwelling need not possess every feature of the displacement dwelling, the principle features must be present; and

3. Generally, functional equivalency is an objective standard, reflecting the range of purposes for which the various physical features of a dwelling may be used; provided, however, that in determining whether a replacement dwelling is functionally equivalent to the displacement dwelling, the displacing agency may consider reasonable trade-offs for specific features when the replacement unit is equal to or better than the displacement dwelling;

(e) In an area not subject to unreasonable adverse environmental conditions;

(f) In a location generally not less desirable than the location of the displaced person's dwelling with respect to public utilities, facilities, services, and the displaced person's place of employment;

(g) On a site that is typical in size for residential development with normal site improvements, including customary landscaping; provided, however, that the site need not include special improvements such as outbuildings, swimming pools, or greenhouses; and

(h) Currently available to the displaced person on the private market; provided, however, that a comparable replacement dwelling for a person receiving government housing assistance before displacement may reflect similar government housing assistance.

(5) "Contributing materially" means that during the two taxable years prior to the taxable year in which displacement occurs, or during such other period of time as the displacing agency determines to be more equitable, a business or farm operation:

(a) Had average annual gross receipts of at least $5,000; or

(b) Had average annual net earnings of at least $1,000; or

(c) Contributed at least 33 1/3% of the owner's or operator's average annual gross income from all sources; or

(d) If the application of the above criteria creates an inequity or hardship in any given case, the displacing agency may approve the use of other criteria determined to be appropriate.

(6) "Decent, safe and sanitary dwelling" means a dwelling that meets applicable housing and occupancy codes. Even if not required by applicable housing and occupancy codes, however, the following standards shall apply unless waived for good cause by the agency funding the project. The dwelling shall:

(a) Be structurally sound, weather-tight, and in good repair;

(b) Contain a safe electrical wiring system adequate for lighting and other electrical devices;

(c) Contain a heating system capable of sustaining a healthful temperature (of approximately 70 degrees) for a displaced person;

(d) Be adequate in size with respect to the number of rooms and area of living space needed to accommodate the displaced person(s), and should contain a sufficient number of bedrooms to ensure that either no two unmarried blood relatives of the opposite sex over the age of six are required to share a bedroom, or local occupancy codes are met, whichever is greater;

(e) Contain a separate, well-lighted and ventilated bathroom that provides privacy to the user and contains a sink, bathtub or shower stall and a toilet, all in good working order and properly connected to an appropriate water source and a sewage drainage system;

(f) Contain, in the case of a housekeeping dwelling, a kitchen area that contains a fully usable sink, properly connected to potable hot and cold water and a sewage drainage system, and adequate space and utility service connections for a stove and refrigerator;

(g) Contain unobstructed egress to safe, open space at ground level; and

(h) For a displaced person who is handicapped, be free of any barriers that would preclude reasonable ingress, egress or use of the dwelling by such displaced person.

(7) "Department" means the Tennessee Department of Transportation.

(8) "Displaced person" means, except as provided below in Subparagraph (b):

(a) Any person who moves from real property, or moves such person's personal property from real property, including a person who occupies the real property prior to its acquisition but does not meet the length of occupancy requirements described in Rule 1680-06-02-.13, Paragraphs (1) and (2):

1. As a direct result of a written notice of intent to acquire or the acquisition of such real property in whole or in part for a program or project undertaken by a displacing agency; or

2. On which such person is a residential tenant or conducts a small business, a farm operation, or an outdoor advertising business defined in Rule 1680-06-02-.03, Subparagraph (2)(d), as a direct result of rehabilitation or demolition for a program or project undertaken by a displacing agency in any case in which the head of the displacing agency determines that such displacement is permanent; and

3. Solely for the purposes of obtaining moving expenses under T.C.A. §§ 13-11-105(a) and (b) and relocation assistance advisory services under T.C.A. § 13-11-108, any person who moves from real property, or moves such person's personal property from real property as a direct result of a written notice of intent to acquire, or the acquisition of, other real property, in whole or in part, on which such person conducts a business or farm operation, for a program or project undertaken by a displacing agency; or as a direct result of rehabilitation or demolition of other real property on which such person conducts a business or a farm operation, under a program or project undertaken by a displacing agency where the head of the displacing agency determines that such displacement is permanent.

(b) "Displaced person" does not include:

1. A person who is not required to relocate permanently as a direct result of a project, including a person who retains the right of use and occupancy of the real property for life following its acquisition by the displacing agency; or

2. A person whom the displacing agency determines is not displaced as a direct result of a partial acquisition; or

3. A person who moves before the initiation of negotiations, unless the displacing agency determines that the person was displaced as a direct result of the project; or

4. A person who initially enters into occupancy of the property after the date of its acquisition for the project; or

5. A person who has occupied the property for the purpose of obtaining assistance under the Act; or

6. A person who, after receiving a notice of relocation eligibility, is notified in writing that he or she will not be displaced by the project; provided, however, that such notice shall not be issued unless the person has not moved and the displacing agency agrees to reimburse the person for any expenses incurred to satisfy any binding contractual relocation obligations entered into after the initiation of negotiations for the real property; or

7. An owner-occupant who voluntarily conveys the property after being informed in writing that the property will not be acquired by condemnation in the absence of a mutually satisfactory agreement on the terms of conveyance; provided, however, that any tenant of the property displaced as a direct result of the conveyance shall be considered a displaced person; or

8. A person who is determined to be in unlawful occupancy, as further defined in this Rule, prior to the initiation of negotiations.

9. An alien not lawfully present in the United States, as further defined in this Rule, and who has been determined to be ineligible for relocation benefits in accordance with Rule 1680-06-02-.08.

(9) "Displacing agency" means any state agency undertaking a program or project with or without federal financial assistance, a local agency undertaking a program or project with federal or state financial assistance, or a person undertaking a program or project with federal financial assistance, when any such program or project causes a person to be displaced.

(10) "Dwelling" means the place of permanent or customary and usual residence of a person according to local custom or law, including a single family house; a single family unit in a two-family, multi-family or multi-purpose property; a unit of a condominium or cooperative housing project; a non-housekeeping unit; a mobile home; or any other residential unit.

(11) "Farm operation" means any activity conducted solely or primarily for the production of one or more agricultural products or commodities including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.

(12) "Federal financial assistance" means a grant, loan, or contribution provided by the United States government, except any federal guarantee or insurance and any interest reduction payment to an individual in connection with the purchase and occupancy of a residence by that individual.

(13) "Initiation of negotiations" means the following:

(a) Whenever the displacement results from the acquisition of property by the displacing agency, the "initiation of negotiations" means the delivery of the initial written offer of just compensation by the displacing agency to the owner or the owner's representative to purchase the real property for the project; provided, however, that if the displacing agency issues a notice of its intent to acquire the real property, and the person moves after that notice, but before delivery of the initial written offer of just compensation, the "initiation of negotiations" means the actual move of the person from the property.

(b) Whenever the displacement is caused by rehabilitation, demolition or privately undertaken acquisition of real property, the "initiation of negotiations" means the notice to the person that he or she will be displaced by the project or, if there is no notice, the actual move of the person from the property.

(14) "Local agency" means any political subdivision of the state or any department, agency, or instrumentality of a political subdivision of the state or any department, agency, or instrumentality of two (2) or more political subdivisions of the state when carrying out or undertaking programs or projects with federal or state financial assistance.

(15) "Mortgage" means such classes of liens as are commonly given to secure advances on, or the unpaid purchase price of, real property under the laws of this State, together with the credit instruments, if any, secured thereby.

(16) "Nonprofit organization" means an organization incorporated under state law as a non-profit organization, and which is exempt from paying Federal income taxes under Section 501 of the Internal Revenue Code (26 USC § 501).

(17) "Owner" means a person who holds any of the following interests in real property:

(a) Fee title, a life estate, a land contract, a 99-year lease, or a lease including any options for extension with at least 50 years to run from the date of acquisition; or

(b) An interest in a cooperative housing project which includes the right to occupy a dwelling; or

(c) A contract to purchase any of the interests or estates described above; or

(d) Any other interest, including a partial interest, which in the judgment of the displacing agency warrants consideration as ownership.

(18) "Person" means any individual, family, partnership, corporation, or association.

(19) "Salvage value" means the probable selling price of an item, if offered for sale on the condition that it will be removed from the property at the buyer's expense, allowing a reasonable period of time to find a person buying with knowledge of the uses and purposes for which it is adaptable and capable of being used, including separate use of serviceable components and scrap when there is no reasonable prospect of sale except on that basis.

(20) "Small business" means a business having not more than 500 employees working at the site being acquired or displaced by a program or project, which site is the location of economic activity. Sites occupied solely by outdoor advertising signs, displays or devices do not qualify as a business for purposes of Rule 1680-06-02-.11, Paragraph (4), Re-establishment Expenses -- Non-Residential.

(21) "State financial assistance" means a grant, loan, or contribution provided by the State of Tennessee, except any state guarantee or insurance, any interest reduction payment to an individual in connection with the purchase and occupancy of a residence by that individual, and any annual payment or capital loan to the state.

(22) "Tenant" means a person who has the temporary lawful use and occupancy of real property owned by another.

(23) "Unlawful occupancy" means the occupancy of real property by a person who has been ordered to move by a court of competent jurisdiction prior to the initiation of negotiations, or the occupancy of real property by a person determined by the displacing agency to be a squatter who is occupying the property without the permission of the owner and otherwise has no legal rights to occupy the property. A displacing agency, at its own discretion, may consider such a squatter to be in unlawful occupancy.

(24) "Utility costs" means and includes expenses for electricity, gas, other heating and cooking fuels, water and sewer.

Tenn. Comp. R. & Regs. 1680-06-02-.03

Original rule filed August 12, 1974; effective September 11, 1974. Repeal and new rule filed October 31, 2002; effective January 14, 2003. Rule has been assigned a new control number from 1680-02-04-.03 filed and effective February 1, 2003. Amendments filed January 12, 2017; effective 4/12/2017.

Authority: T.C.A. §§ 13-11-103 and 13-11-113.