Section 1680-06-02-.06 - RELOCATION NOTICES(1) Relocation Information Notice. As soon as feasible, the displacing agency shall send to each person scheduled to be displaced a written notice generally describing the displacing agency's relocation program and, at a minimum, this notice shall:
(a) Inform the person that he or she may be displaced because of the displacing agency's project and describe generally the relocation benefits for which the person may be eligible, the basic conditions of eligibility and the procedures for obtaining the benefits;(b) Inform the person that he or she will be given reasonable relocation advisory services, including referrals to replacement properties, help in filing claims and other necessary assistance to help them successfully relocate;(c) Inform the person that he or she cannot be required to move permanently unless at least one comparable replacement dwelling has been made available, as provided in Rule 1680-06-02-.07, Paragraph (5) below, and that he or she will not be required to move without at least 90 days' advance written notice, except in the case of a major disaster or an emergency as provided in Rule 1680-06-02-.07, Subparagraph (5)(c) below;(d) Inform the person that any person who is an alien not lawfully present in the United States is ineligible for relocation advisory services and relocation payments, unless such ineligibility would result in exceptional and extremely unusual hardship to a qualifying spouse, parent, or child, as defined in Rule 1680-06-02-.08, Paragraph (4) below; and(e) Describe the person's right to appeal the displacing agency's determination as to eligibility for, or the amount of, any relocation payment for which the person may be eligible.(2) Notice of Eligibility for Relocation Assistance.(a) A displaced person's eligibility for relocation assistance shall begin on the date of the initiation of negotiations (as defined in Rule 1680-06-02-.03 above) for the occupied property.(b) Upon the initiation of negotiations, the displacing agency shall provide the displaced person(s) with written notice of eligibility for relocation assistance. This notice shall be hand-delivered to the owner occupants on the date of the initiation of negotiations, and it shall either be hand-delivered to all tenant occupants on that date or hand-delivered or sent by certified mail no later than ten (10) days after the initiation of negotiations.(c) The Notice of Eligibility for Relocation Assistance may be combined with the Notice of Earliest Vacation Date (Ninety-Day Notice), described below.(3) Notice of Earliest Vacation Date (Ninety-Day Notice).(a) 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 vacate the property, except in the case of a major disaster or emergency as provided in Rule 1680-06-02-.07, Subparagraph (5)(c) below.(b) This Notice of Earliest Vacation Date (Ninety-Day Notice) shall either state a specific date, not less than 90 days after the notice, by which the occupant may be required to move, or it shall state that the occupant will receive a subsequent Notice to Vacate, at least 90 days in advance, stating the specific date by which the person will be required to vacate the property. If the Ninety-Day Notice is delivered before a comparable replacement dwelling is made available, the notice shall state that the occupant will not have to move earlier than 90 days after such dwelling is made available, except in the case of a major disaster or emergency as provided in Rule 1680-06-02-.07, Subparagraph (5)(c) below.(c) The displacing agency may deliver the Ninety-Day Notice 90 days before it expects the person to be displaced or earlier, and this notice may be combined with the Notice of Eligibility for Relocation Assistance, described above.(4) Notice to Vacate. (a) The displacing agency shall give a displaced person at least 90 days' advance written notice of the specific date by which the person will be required to vacate the property, except in the case of a major disaster or emergency as provided in Rule 1680-06-02-.07, Subparagraph (5)(c), below or under the circumstances described in Subparagraph (f) below.(b) This Notice to Vacate shall state the specific date, not less than 90 days after the date on which the notice is received, by which the occupant will be required to vacate the property. The date given to vacate the property shall be at least 90 days after the date on which the displaced person received the Notice of Earliest Vacation Date (Ninety-Day Notice) or, on residential displacements, at least 90 days after the date on which the displaced person received the Notice of Eligibility for Relocation Assistance, whichever is later.(c) The Notice to Vacate may not be given until after the displacing agency has obtained legal possession of the property.(d) Before issuing the Notice to Vacate, the displacing agency must verify that comparable replacement housing is available for the displaced person within the amount of the original offer for replacement housing. Also, if requested by the displaced person, the address of at least one comparable dwelling must be provided.(e) The Notice to Vacate shall either be hand-delivered or sent by certified mail. If sent by certified mail, the specified date to vacate the property must be at least 95 days after the date on which the notice is mailed, to ensure that the displaced person is provided the full 90 days to which he or she is entitled.(f) The Notice to Vacate need not be issued if the displaced person has already relocated to replacement housing.(5) Subsequent Notice of Non-Displacement.(a) A displaced person who moves after receiving a Notice of Eligibility for Relocation Assistance is eligible for all applicable relocation assistance benefits regardless of whether the real property is ultimately acquired, unless prior to the move the displacing agency sends written notice that the person will not be displaced by the project.(b) If, after sending a Notice of Eligibility for Relocation Assistance, the displacing agency determines that the person will not need to be displaced, the displacing agency shall promptly notify the person in writing that there is no need to relocate.(c) Such person shall be reimbursed for any reasonable relocation costs incurred prior to receipt of the Subsequent Notice of Non-Displacement, including any payments due under a binding written contract for relocation services entered into after the date of the initiation of negotiations.Tenn. Comp. R. & Regs. 1680-06-02-.06
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-.06 filed and effective February 1, 2003. Amendments filed January 12, 2017; effective 4/12/2017.Authority: T.C.A. § 13-11-113.