Section 1680-06-02-.09 - RELOCATION PAYMENTS GENERALLY(1) Time for Filing Claims.(a) Claims for relocation payments shall be filed with the displacing agency within 18 months after: 1. For tenants, the date of displacement;2. For owners, the date of displacement or the date of the final payment for the acquisition of the real property, whichever is later.3. The date of displacement, as used in this Subparagraph, means the date the person actually moves or, if later, the date a comparable replacement dwelling is made available.(b) The displacing agency shall extend the time for filing a claim upon good cause being shown.(2) Documentation. (a) Any claim for a relocation payment shall be supported by sufficient documentation to prove the expenses incurred, such as bills, certified prices, appraisals, or other evidence of such expenses. Specific documentation requirements are identified elsewhere in these Rules.(b) The displacing agency shall provide the displaced person with reasonable assistance as needed to complete and file a claim for payment.(3) Prompt Review and Payment. (a) The displacing agency shall review claims for relocation payments in an expeditious manner. The claimant shall be promptly notified if additional documentation is required to support the claim.(b) The displacing agency shall pay a claim as soon as feasible following receipt of sufficient documentation to support the claim.(4) Advance Payments. If a displaced person demonstrates a need for an advance relocation payment to avoid a hardship, the displacing agency shall issue the payment, subject to such safeguards as the displacing agency may require to ensure that the objective of the payment is accomplished.
(5) Multiple Occupants of One Displacement Dwelling.(a) 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 displacing agency, of any relocation payments that would have been made if the occupants had moved together to a comparable replacement dwelling.(b) However, if the displacing agency determines that two or more occupants maintained separate households within the same displacement dwelling, such occupants shall have separate entitlements to relocation payments.(6) Notice of Denial of Claim. If the displacing agency disapproves all or part of a claim for a relocation payment or refuses to consider the claim on its merits because of untimely filing or other grounds, the displacing agency shall promptly notify the claimant in writing of its decision, the basis for the decision, and the procedures for appealing the decision.
(7) Eviction for Cause. (a) Any person who lawfully occupies the real property on the date of the initiation of negotiations is presumed to be entitled to any relocation payments or benefits available under the Act and these Rules unless the displacing agency determines that: 1. The person received an eviction notice prior to the initiation of negotiations and as a result of that notice is later evicted; or2. The person is evicted after the initiation of negotiations for serious or repeated violations of material terms of a lease or occupancy agreement; and3. In either case, the eviction was not undertaken for the purpose of evading the obligation to make available the payments and other assistance available under the Act or these Rules.(b) Any eviction for cause must conform to applicable state and local law.(c) This Paragraph applies only to persons who would otherwise have been displaced by the displacing agency's program or project.(8) Deductions from Relocation Payments.(a) The displacing agency may deduct from relocation payments any rent that the displaced business, displaced person or farm operation owes to the displacing agency; provided that no deduction shall be made if it would prevent the displaced person from obtaining comparable replacement housing.(b) The displacing agency shall not withhold any part of a relocation payment to a displaced person to satisfy any other creditor. No relocation payment made under the Act or these Rules shall be subject to attachment or execution at law or equity.(9) No Duplication of Payments. No person shall receive any payment under the Act or these Rules if that person receives a payment under Federal, State or local law that is determined by the displacing agency to have the same purpose and effect as a payment under the Act or these Rules.
(10) Relocation Payments Not Considered Income. No relocation payment received by a displaced person under the Act or these Rules shall be considered as income for any tax purposes under Federal or State law, or for the purpose of determining eligibility or the extent of eligibility for public assistance under Federal or State law, except for any Federal law providing low-income housing assistance.
Tenn. Comp. R. & Regs. 1680-06-02-.09
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 1680-2-4-.09 filed and effective February 1, 2003.Authority: T.C.A. §§ 13-11-113, 13-11-115, and 13-11-117.