Section 1680-06-02-.04 - ADMINISTRATION - GENERAL(1) Contracting for Relocation Assistance Services. To prevent unnecessary expense and duplication of functions, and to promote uniform and effective administration of the Act, the Department or other displacing agency may enter into contracts with any individual, firm or corporation for services in connection with a program or project, or may carry out all functions provided for under the Act through any federal agency, or any state agency, or any local agency, or any person having an established organization for conducting the provisions of the Act.
(2) State Share of Costs. The cost to a local agency of providing payments and assistance under T.C.A. §§ 13-11-109 and 13-11-110 shall be included as part of the cost of a program or project for which state financial assistance is available to such local agency, and such local agency shall be eligible for state financial assistance with respect to such payments and assistance in the same manner and to the same extent as other program or project costs.
(3) Assurances, Monitoring and Corrective Action. (a) The Department shall not approve any grant to, or contract or agreement with, a local agency or other displacing agency under which state or federal financial assistance will be available to pay all or part of the cost of any program or project which will result in the displacement of any person unless the Department receives satisfactory assurances from the local agency or other displacing agency that: 1. Fair and reasonable relocation payments and assistance shall be provided to or for displaced persons in accordance with T.C.A. §§ 13-11-105 through 13-11-107;2. Relocation assistance programs offering the services described in T.C.A. § 13-11-108 shall be provided to such displaced persons; and3. There is compliance with the provisions of T.C.A. §§ 13-11-108(c)(3) and 13-11-109.(b) The Department may monitor compliance with the Act and these Rules and take such corrective action as may be necessary to bring the local agency or other displacing agency into compliance with the Act and these Rules. The Department may also apply sanctions in accordance with any applicable program regulations.(4) Prevention of Fraud, Waste and Mismanagement. The displacing agency shall take appropriate measures to carry out the requirements of these Rules in a manner that minimizes fraud, waste and mismanagement.
(5) Civil Rights. (a) In accordance with federal and state law, it is Department policy that only open housing available to all without regard to race, color, creed, religion, sex, age, handicap, familial status or national origin will be used as replacement housing resources.(b) It is further Department policy to ensure that no person be excluded from participation in, be denied any benefits of, or be subjected to discrimination under any program or activity of the State because of race, creed, color, religion, sex, age, handicap, familial status or national origin, and to take affirmative action to promote the full implementation of this policy throughout the State.(c) Upon receipt of a fair housing discrimination complaint, the Department or other displacing agency will instruct the displaced person to write to one of the following: U. S. Department of Housing and Urban Development Fair Housing and Equal Opportunity Compliance Division Agency of Housing and Urban Development Richard D. Russell, Federal Building 75 Spring Street, S.W. Atlanta, Georgia 30303 or
Tennessee Human Rights Commission 312 Rosa L. Parks Ave., 23rd Floor Nashville, Tennessee 37243
(d) The letter should contain a statement that the person believes he has been the victim of housing discrimination and a request for appropriate complaint forms. The displacing agency should assist in completing the forms and in having the complaint notarized.(6) Recordkeeping and Reports.(a) The displacing agency shall maintain adequate records of its displacement and relocation activities in sufficient detail to demonstrate compliance with the Act and these Rules. These records shall be maintained for at least 3 years after each displaced person receives the final payment to which such person is entitled under the Act and these Rules.(b) Records maintained by the displacing agency in accordance with these Rules are confidential regarding their use as public information, unless applicable law provides otherwise.(c) The displacing agency shall submit a report of its displacement activities under these Rules if requested by the Department or the federal agency funding the project, if applicable. The report shall be submitted in a form acceptable to the Department or the applicable federal agency.(7) Notices. Any notice that a displacing agency is required to provide to a displaced person under the Act or these Rules shall be personally served or sent by certified or registered first-class mail, return receipt requested, and documented in the displacing agency's files. Each notice shall indicate the name and telephone number of a person who may be contacted for answers to questions or additional assistance.
Tenn. Comp. R. & Regs. 1680-06-02-.04
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-.04 filed and effective February 1, 2003. Amendments filed January 12, 2017; effective 4/12/2017.Authority: T.C.A. §§ 13-11-112, 13-11-113, 13-11-114, and 13-11-119.