Multifamily Development

A: The URA is defined as the Uniform Relocation and Real Property Acquisition Policies Act of 1970, as amended. URA applies to acquisitions of real property or displacements of persons resulting from Federal or federally assisted (in whole or in part) programs or projects.

A: An activity or series of activities undertaken with federal financial assistance received or anticipated in any phase. When federal financial assistance is used for any activity or in any phase of a project, planned or intended, and the activities are determined to be interdepended, the statutory and regulatory requirements of the URA and the specific HUD funding source(s) are applicable. Interdependence is best determined by whether one activity would be carried out if not for another. As a result, any activity in connection with a federally funded project can be subject to all regulations of that funding source even though the activity may not be directly funded by that source. HUD projects are defined according to the program rules.

A: The URA applies to any local or third parties that will use Federal or federally assisted funds in connection with an acquisition, rehabilitation, reconstruction, or demolition. Local and third parties would be responsible for ensuring the implementation and compliance of the URA.

A: Eligible persons include displaced tenants and homeowner occupants who participate in a program or project in an involuntary manner. Homeowner occupants who “voluntary” sell, rehabilitate, or demolish property are not eligible to receive assistance under the URA. Eligible tenants include both residential and non-residential (businesses, nonprofits, and farms) tenants.

A: Tenants are entitled to receive advisory services which include referrals to comparable locations and payment for moving expenses. Residential tenants are also eligible to receive Replacement Housing Payments (RHP) where they can choose to either receive rental assistance or purchase assistance on a replacement home. Non-residential tenants are eligible to receive reestablishment expenses or receive a fixed payment (“In Lieu Of” Payment) as an alternative.

A: No relocation assistance shall be provided to a person who has been determined to be not lawfully present in the United States, unless such person can demonstrate that the denial of relocation assistance will result in an exceptional and extremely unusual hardship to such persons spouse, parent, or child who is a citizen of the United States , or is an alien lawfully admitted for permanent residence in the United States.

A: The final rule includes a definition of the phrase “exceptional and extremely unusual hardship,” which focuses on significant and demonstrable impacts on health, safety, or family cohesion. This phrase is intended to allow judgement on the part of the displacing agency and does not lend itself to an absolute standard applicable in all situations.

A: Although the URA regulations specify that displaced persons who rent a replacement dwelling are entitled to a payment not to exceed $7,200 for rental assistance, that is not a cap. It is often necessary to exceed the $7,200 threshold in order to re-house a displaced person. Where comparable replacement housing is not available within the monetary limits for RHPs, Housing of Last Resort must be offered. The last resort housing provisions give Agencies broad latitude in how they make housing available. Providing additional financial assistance above the threshold to make the comparable unit within the person’s financial means is often the most feasible housing of last resort option.

A: Different methods of Housing of Last Resort include but are not limited to providing payments in excess of the applicable RHP monetary limits, direct provision of loans, construction of new replacement dwelling, moving and/ or rehabilitating a replacement dwelling, or removal of barriers for persons with disabilities. Estimating the cost of these methods would require evaluation on a case-by-case basis.

A: Household income does not include income received or earned by dependent children or full-time students under 18 years old. However, full-time students over 18 may be assumed to be a dependent, unless the person demonstrates otherwise. It also does not include benefits that are not considered income by Federal law, such as food stamps, or the Women Infants and Children (WIC) program. For a more detailed list of income exclusions, see Federally Mandated Exclusions from Income under Real Estate Topics of Special Interest on: https://www.fhwa.dot.gov/real_estate/uniform_act/relocation/exclusions.cfm .

A: In general, all of the occupants of a single dwelling unit should be considered one family for purposes of payment calculations. However, two or more occupants of a dwelling may maintain separate households within that dwelling. If they do, they have separate entitlement to relocation payments. The Agency is responsible for determining the number of households in a dwelling based on the use of the dwelling, the relationship of the occupants, and any other information that may be obtained. The payment computation for each household should be based on the part of the dwelling that the household occupies and the space that is shared with others. An attempt should be made to locate similar comparable DSS living facilities. The record should be sufficiently documented to support the decision reached.

A: The URA regulations do not specify if children expected to be born to pregnant women are included as members of the household. It would be up to the local program to develop and follow policies to address this issue, but it would be reasonable to anticipate imminent changes in family composition.

A: Sometimes a project may require persons to be relocated from their dwellings for only a short period of time. Although temporarily relocated persons do not receive the same relocation assistance and payments as persons permanently displaced under the URA, they do have certain rights and protections. Temporary relocation should not extend beyond one year before the person is returned to his or her previous unit or location. Residential tenants must be reimbursed for all reasonable out-of-pocket expenses, moving expenses, and increased housing costs that are incurred in connection with the temporary relocation. Residential tenants who are temporarily relocated for a period beyond one year must be contacted and offered permanent relocation assistance. These expenses are in addition to any assistance a tenant has already received for temporary relocation; and may not be reduced by the amount of any temporary relocation assistance.

A: An owner may not prevent authorized agency employees from notifying tenants of the benefits they may be eligible to receive under the Uniform Act. The agency should advise the owner that it is better to explain to the tenants the requirements and obligations for the eligibility for benefits and to advise them there is no rush to relocate. In situations where the owner is concerned the tenants will move and there will be loss of rental income, the agency may offer to make a payment to replace lost rent for vacancies occurring due to relocation for a reasonable period of time.

A: The agency must provide notices and advisory services to all displaced persons. All contacts and efforts to contact a displaced person must be documented in the agency files. The agency is not relieved of its responsibility regardless of cooperation. In some cases, the relocation agent should seek advice early in process from legal counsel.

A: A motor home or a boat capable of providing living accommodations may be considered a replacement dwelling if (a) the motor home or boat is purchased and occupied as the primary place of residence; (b) the motor home or boat is located on a purchased or leased site and connected to all necessary utilities for functioning as a housing unit on the date of the agency's inspection, and (c) the dwelling, as sited, meets all local, State, and Federal requirements for a DSS dwelling. It should be noted that the regulations of some local jurisdictions would not permit the consideration of these vehicles as DSS dwellings. A motor home or a boat designed to provide living accommodations may also meet the requirement of a rental replacement dwelling if it is occupied as the primary place of residence and qualifies under (b) and (c) above.

A: The fixed payment is a useful option for businesses which may choose to go out of business because of relocation. It helps reduce the administrative burden for both the displaced business and the agency, since no documentation of actual moving or reestablishment expenses is required.

A: CDBG-funds may be used more than once to rehabilitate the same housing structure. This may be necessary because the work was not performed satisfactorily the first time or there is a different problem that needs resolution. There is no time limit. If years have passed, the household should be income qualified again to ensure that the low/moderate income housing national objective is met.