Transcript Welcome to the International Right of Way Association’s

Welcome to the
International Right of Way
Association’s
Course 501
Residential Relocation Assistance
501.PPT.R4.2015.06.25.0.0
1
Introductions
Who we are…
What we do…
Where we do it…
How long we’ve been doing it…
Our goals for the course...
2
Objectives
At the conclusion of the course,
you will be able to...
• Demonstrate knowledge of the basic residential
relocation assistance program, as it relates to
federal or federally assisted projects
• Build on that knowledge to understand broad
concepts and the detailed rules and regulations of
the Uniform Act
3
Housekeeping
4
Schedule (1)
8:00 - 8:30
Introductions, Etc.
8:30 - 9:45
Land Acquisition: An Overview
10:15 - 11:00
Planning Process
11:00 - 12:00
Appraisal and Acquisition Issues
1:00 - 1:45
Relocation Advisory Services
1:45 - 2:15
Moving Expenses
2:30 - 4:15
Eligibility and Entitlements:
An Overview
4:15 - 4:30
5
Recap Day One
Schedule
6
(2)
8:00 - 8:15
Recap Day One/Introduce Day Two
8:15 - 9:00
Comparable Replacement Housing
9:00 - 10:30
90-Day Tenants
10:45 - 12:30
90-Day Homeowner Occupants
1:30 - 2:15
Mobile Homes
2:30 - 3:00
Housing of Last Resort
3:00 - 3:30
Claim Filing and Appeals
3:30 - 3:45
Summary and Review
3:45 - 5:00
Exam
Constitution
Statutes
United States Code
Regulations
7
Objectives
to be able to…
• Fair, equitable and consistent treatment
• Will not suffer disproportionate injuries
or hardships
• Efficient and cost effective implementation
8
Basic Policies (1)
• Expeditious acquisition
• Notice to owner
• Appraisal and invitation to the owner
• Appraisal waiver
• Establishment and offer of just
compensation
• Summary statement
• Basic negotiation procedures
9
Basic Policies (2)
•
Updating offer of just compensation
•
Coercive action
• Administrative
10
settlement
•
Payment before taking possession
•
Uneconomic remnant
•
Inverse condemnation
•
Fair rental
•
Conflict of interest
Relocation Plan (1)
A relocation plan recognizes the problems
associated with the displacement of
individuals, families, businesses, farms
and nonprofit organizations and develops
solutions to minimize the adverse impacts
of the displacements.
11
Relocation Plan (2)
Inventory
Survey
Analyze
Propose
Determine
Tabulate
12
Relocation Plan (3)
Compare
Discuss
Discuss
Estimate
Present
State
13
Appraisal Issues
• Adequacy of real property interest
• Appraisal
• Appraisal review
• Establishment of just compensation
14
Acquisition Issues
• Meet the Uniform Act’s objectives
• Initiation of negotiations
• Written purchase offer and summary
statement
• Acquisition by negotiations
15
Advisory Assistance
• Interview
• Information on availability
• Inspection
• Transportation
• Information on other programs
• Written information
16
Relocation Notices
• General information notice
• Notice of relocation eligibility
• Ninety-day notice
• Notice of denial of claim
• Determination and notification
after appeal
17
Moving Expenses (1)
Actual Cost
Fixed
Personal Property Only
18
Moving Expenses (2)
Eligible
Ineligible
19
Program Overview
Advisory Services
Financial Assistance
20
Who is a displaced person?
Any person who moves from real property or
moves personal property from real property as a
result of…
21
•
written notice of acquisition
•
rehabilitation or demolition
•
written notice of acquisition, rehabilitation
or demolition of other real property
Who is not a displaced person? (1)
A person who…
• moves before the initiation of negotiations
• occupies after the acquisition
• occupies solely to obtain assistance
• is not required to move permanently
• moves under a voluntary acquisition
• is not displaced as a result of
a partial acquisition
22
Who is not a displaced person? (2)
A person who…
• receives notice that he/she will not be displaced
• voluntarily conveys (no eminent domain action)
• retains the right of life use and occupancy
• unlawfully in the U.S.
• is a tenant required to move under the
provisions of the A.D.D.P.I. program
23
Residential Relocation Assistance (1)
90-day tenants
90-day tenants
24
90-day
homeowner occupants
Advisory Assistance
25
•
Interview
•
Information on availability
•
Inspection
•
Transportation
•
Information on other programs
•
Written information
Residential Relocation Assistance (2)
90-day tenants
90-day tenants
26
90-day
Homeowner occupants
Moving Expenses
Actual Cost
Schedule
Combination
27
Residential Replacement
Housing Payments
90-day tenants
90-day homeowner occupants
Price differential
Mortgage differential
Incidental expenses
Occupants of less than 90 days
28
Day One Recap
29
Day Two
30
Comparable Replacement Housing
• Decent, safe and sanitary
• Functionally equivalent
• Adequate in size
• No unreasonable adverse
environmental conditions
31
90-day Tenants
• 90-days prior to...
32
•
Rent or purchase and occupy D.S.S.
dwelling within one year of move
(tenant) or payment (owner)
•
File a claim within 18 months of move
Calculation (1)
• Rent and utilities at displacement dwelling
• Household income
• Low income?
• If low income, calculate 30%
• Base monthly rent
• Comparable
• Calculate
33
Calculation (2)
(Monthly rent of the comparable
replacement property plus utilities)
minus (Base monthly rent at
the displacement dwelling)
times 42 equals (Maximum
rental assistance payment)
34
Replacement Housing Payments
Payment to eligible 90-day homeowner
occupant. May not exceed $31,000.
• Price differential
• Mortgage interest differential payment
• Incidental expenses
35
Price Differential Payment
…provides the displaced person with
the financial assistance to purchase
and occupy a comparable replacement
site and dwelling without involuntarily
incurring additional expense.
36
Comparable Replacement Housing
• Decent, safe and sanitary
• Functionally equivalent
• Adequate in size
• No unreasonable adverse
environmental conditions
• Currently available
• Financial means
37
Calculation
(Cost of selected comparable) minus
(Price paid for displacement dwelling)
= (Maximum price differential payment)
38
Additional Items to Consider
• Adjustments for major exterior attributes
• Adjustments for mixed-use properties
• Changes in just compensation
39
Mortgage Interest Differential Payment
The MIDP is the amount, which
reduces the mortgage balance on a
new mortgage to an amount, which
could be amortized with the same
monthly payment as the mortgage
on the displacement dwelling.
40
Incidental Expenses
… are the necessary and reasonable
costs actually incurred by the displaced
person incident to the purchase of a
replacement dwelling, and customarily
paid by the buyer.
41
Mobile Home
“… includes
manufactured
homes and
recreational
vehicles used
as residences.”
42
HLR
Whenever a project cannot proceed
on a timely basis because comparable
replacement dwellings are not available
within the monetary limits for owners
or tenants, the agency must provide
additional or alternative assistance under
housing of last resort.
43
Objectives
At this point, you are able to...
• Demonstrate knowledge of the basic residential
relocation assistance program, as it relates to
federal or federally assisted projects
• Build on that knowledge to understand broad
concepts and the detailed rules and regulations of
the Uniform Act
44
Thank you
45
501-PT - Revision 3 - 11.13.06.USA