Displacement Plan for CDBG and HOME

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Federal Regis/ex / Vol. 54. No. M Relocation Planning, 5erviG, and Coordination motion 24.205(a) Relocation There were 13 comments relocation planning. Moat In favor of the planning concept. were concerned about bow tion plans could hinder project IopmenL The relocation planning by this section should be a tool assist in the orderly development of a Jeri and should be considered in this t by both the displacing agency and funding agency, FHWA believes that wet emplacing agencies are well aware cf the program or project benefits which c&n be derived through early and sound relocation planning and many agencies amrady use comprehensive planning techniques in project development. We do not view relocation planning as a complicated, time consuming activity. We see relocation planning as a process which provides meaningful information to program and project decision makers. ' It does not need to result in a detailed document containing unnecessary data and needless problem solving. Instead it should be a process which is stoped to tire complexity and nature of anticipated program or project relocation activity and should not require a burdensome commitment of Agency resources. Language emphasizing chis has been added to this section. la response to several comments. there Is no requirement that planning documents be submitted for approval to the funding agency at any stage of a project or program. Pinning is the responibiltty of the displacing agency. Section 24.205(c) Relocation assistance advisory services. Several comments were received concerning relocation assistance advisory services. Three comments objected to the requirement to provide transportation to inspect housing in 124.105(c)(2)(11XD)- This provision is not new and has been a part of the common rule for implementation of the Uniform Act since that rule was Bret promulgated by DOT on March 5,1985 (50 FR 8855 (19851). It is the obligation of the displacing agency to assure that both owners and tenants are able to inspect the housing to which they are referred. There is no evidence to suggest that this service has been abused by displaced persons. Section 24.206(c)(2)1111). At the suggestion of one commenter, the words "comparable and" have been removed from this section. The emphasis is on the identification of suitable property locations for business and 1,120 operations Section 14.3,5(4aa(vii.1 .of &dehisce aecrices g peace a m ho- i / Thursday. March 2, 1989 / Rules and Regulations initially occupies property after it is acquired by agency is required by the statute. Therefore. it cannot be deleted as recommended by several commenters. These persons are not displaced persons. but are eligible for advisory services. Section 21203 Eviction for Cause In response to comments, this provision has been modified in several respects. HUD. in its program regulations dealing with displacements caused by other than State -agency acquisition. has long recognized eviction for carie as a basis for denying eligibility for relocation benefits. Now that the Uniform Act and these implementing regulations apply to this broader array of displacement activities, it is necessary that valid evictions continue to be recognized as a factor that can extinguish potential rights to relocation payments. At the same time. it is important that otherwise entitled persons not be denied relocation payments by an eviction undertaken for the purpose of evading an obligation to make relocation assistance available. or for minor violations of a lease. Accordingly, this final rule retains the major threat of the eviction for cause section. which has been a -part of the governmentwide common rude since 1986, that person lawfully occupying property at the time of the initiation of negotiations will continue to have a presumptive entitlement to relocation payments. However. modifications have been included to clarify that payments may be denied in certain circumstances. Thus. a person who is evicted for cause prior to the initiation of negotiations may be denied payment even if that person vacates the premises after the initiation of negotiations. In addition. persons who seriously or repeatedly violate material terms of the lease or occupancy agreement may be evicted even if the eviction proceeding is begun after the initiation of negotiation. In either case. the Agency must assure itself that the eviction action is not undertaken to evade the protections of the Uniform Act. Such eviction for cause circumstances should arise only infrequently and Federal funding agencies will be expected to ensure that this prurision ts not misused. Section 24.207 General Requirements—Claims for Relocation Payments Section 24.2E17 (fl Deductions from relocation , punts This section has remained a same as was published as pert of the commas in the, Marab S. 8831 1995 Federal Register. Section Kam, continues to allow agencies to deduct person's unpaid rent owed to the - Agency from the person's relocation payment in casae where it will not prevent the per.oe from obtaining a. comparable replacement dwelling. Since the relocation payment is not to be considered income (124.208) and is provided for the particular purpose of obtaining replacement housing for the displaced person. it cannot be released to other creditors without assurances that comparable decent. safe, and sanitary housing will be available to the displaced person. Subpart 0—Payments for Moving and Related Expenses In addition to comments on rule changes, a number of commente received on this subpart were requests for clarification. Ordinarily. such clarification would be provided by technical advisory guidance. However. to be responsive to the comments, we have summarized the answers to soohe of these below. Section 24.308 in the NPRM has been renumbered as 114.304 and S 24.304 has been renumbered u * 34.308 to provide a better grouping of topics. The numbers used below are those used in this final rate. Section 24.301 Paynreat forAcluaf Reasonable Moving and Related Expenses --Residential Moves Questions were received about payment for the storage of personal property covered in * 34.3011d). As with all other moving expenses. the Agency determines what storage coats are reasonable and necessary for a move to take place. If the Agency determines storage to be necessary. the costs of moving the personal property to and from storage would also be eligible for payment. Boarding of animals le not considered to be storage. Section 24.302 Fixed Payment for Moving Expenses—Residential Moves There were numerous comments concerning the 550 fixed payment for moving expenses provided in if 24.302. FHWA he. clarified the language of this exception to apply only to persons with minimal personal possessions who are m occupancy of a dormitory -.tyle room shared by two or mote unrelated persons, or a person whose residential move is performed by an agency at no expense to the person. This language is also reflected in the moving expense schedule width is published by FHWA ,. elsewhere in this Past 11 of today's Federal Regislder - •.