HomeMy WebLinkAboutExhibitResidential Anti -Displacement and
Relocation Assistance Plan
0
Optional Relocation Assistance Policy
City of Miami
Department of Community Development
444 SW 2 Avenue, 2 Floor
Miami, FL 33130
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Cite of Nliami — Department of Community Development
Residential Anti -displacement and Relocation Assistance Plan
Table of Contents
I. BACKGROUND..........................................................................................................................................
II. APPLICABILITY.......................................................................................................................................................3
III. PURPOSE.............................................................................................................................................................3
IV. SUBMISSION AND RECORDKEEPING REQUIREMENTS.....................................................................................................5
V. PUBLIC DISCLOSURE...............................................................................................................................................5
VI. APPEALS..............................................................................................................................................................5
BASIC ACQUISITION AND RELOCATION ASSISTANCE AVAILABLE UNDER THE ....................................................... 7
UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT ...................................... 7
BASIC RELOCATION ASSISTANCE AVAILABLE UNDER........................................................................................... 7
SECTION 104(D) OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 ............................................ 7
SubpartA — Sec. 24.1 Purpose: .................................................................................................................... ........ 8
SubpartA — Sec. 24.2 Definitions and acronyms: .................................................................................................. 8
Subpart B —Sec. 24.101 Applicability of acquisition requirements: .................................................................... 14
OPTIONAL RELOCATION ASSISTANCE POLICY.....................................................................................................54
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City of 1vliami — Department of Community Development
Residential Anti -displacement and Relocation Assistance Plan
I. Background
Mandatory PIan
Section 104(d) of the Housing and Community Development Act of 1974 consists of two major
components. 777efirst component requires special move and housing assistance be made available to lo« -
to moderate- income persons «-ho are displaced from a Communist= Development Block Grant
("CDBG")- and/ or Home Investment Partnership Program ("HOME")- assisted project as a result of the
conversion of a low- to moderate- income N elling or the demolition of any housing for a project.
Uniform Relocation Act. - A household that qualifies as a "displaced person" under section 104(d) is also
eligible for assistance under the Uniform Relocation Assistance Act ('URA"). Since a displaced person
cannot receive move and relocation assistance under both, the displaced person must choose the
assistance under the provisions of section 104(d) or the URA, based on what the displaced person
believes is most beneficial and appropriate to his/her displacement needs.
The second component requires that certain low-income housing be replaced "one-for-one". The U.S.
Department of Housing and Urban Development ("HUD") defines the purpose of the section 104(d) one-
for-one replacement housing provision as,
"...to maintain an adequate supply of housing available to lower income households."
"...the maintenance of the housing stock available to lower income people"
...to ensure that activities sponsored under the CDBG program will not result in a diminution
of the existing housing supply."
To ensure compliance with section 104(d), the City of Miami ("City') must develop, make public, and
certify that it is following a Residential Anti -Displacement and Relocation Assistance Plan ("R.ARAP"),
in accordance to section 24 CFR 42325, subpart B, and outlined below:
A. Certification.
1. As part of its consolidated plan under 24 CFR 91, the recipient must certify that it has in effect
and is following a residential anti -displacement and relocation assistance plan.
2. A unit of general local government receiving funds from the State must certify to the State that it
has in effect and is following a residential anti -displacement and relocation assistance plan, and
that it will minimize displacement of persons as a result of assisted activities.
B. Plan Contents.
1. The plan shall indicate the steps that will be taken consistent with other goals and objectives of
the program, as provided in parts 24 CFR 92/ 24 CFR 570 of this title, to minimize the
displacement of families and individuals from their homes and neighborhoods as a result of any
assisted activities.
2. The plan shall provide one-for-one replacement units to the extent required by section 42.375.
3. The plan shall provide for relocation assistance in accordance with section 42.350.
Optional Plan
HUD's CDBG and HOME funds as well as State Housing Initiative Partnership ("SHIP") funds can be
used to provide relocation assistance above that which is required for displaced persons who are covered
under section 104(d) or the URA, or to displaced persons who would otherwise not be eligible for any
assistance at all. Rehabilitation, demolition, or acquisition that it is not federally assisted are some reasons
Cin of Miami — Department of Communin- Development
Residential Anti-displacement and Relocation Assistance Plan
a person may be displaced. Housing that becomes unsafe as a result of a fire. man-made catastrophic
events, or natural disaster (flood. storm. etc.) might also cause a person to become displaced.
II. Applicability
The Residential Anti -displacement and Relocation Assistance Plan ("Plan") applies to all activities
involving the use of CDBG and/or HOME funds that cause displacement as a direct result of conversion
of a low- to moderate- income d«Ielling or the demolition of any housing for a project.
III. Purpose
Pursuant to the Housing and Community Development Act of 1974 ("HCD"), as amended, and 24 CFR
570, and the Cranston -Gonzalez National Affordable Housing Act, as amended by the Housing and
Community Act of 1992, the City as recipient of CDBG and HOME entitlement funding must develop,
make public, and certify that it is following a RARAP. The purpose of a RARAP is to help ensure that
recipient agencies that carry out CDBG- and HOME- assisted projects do the following:
1. Identify the reasonable steps it will take to minimize the displacement of persons from their
homes as a result of an assisted project.
2. Replace all occupied and vacant occupiable "low- to moderate- income dwellings" that are
converted to a use other than "low- to moderate- income dwellings" or are demolished for a
project'.
3. Provide relocation assistance to low- to moderate- income persons' (including families and
individuals) displaced as a direct result of the conversion of a low- to moderate- income dwelling
or the demolition of any housing for a project.
IIIA Efforts to Minimize Displacement
It is the City's policy to minimize displacement resulting from CDBG and/ or HOME funded
activities. Involuntary displacement shall be discouraged whenever a reasonable alternative is
exists. Prior to the City's commitment of funds to any activity, the City shall review all proposals to
discard the possibility of involuntary displacement, whenever possible. Priority shall be given to
those proposals not involving displacement unless it is demonstrated that other alternatives are not
available. Below is a list of actions the City shall consider in order to minimize displacement:
Coordinate code enforcement efforts with rehabilitation and assistance programs;
Stage rehabilitation of apartment units to allow tenants to remain in the building or complex
during and after the rehabilitation, working with empty units first. Households shall not be
required to move from units being rehabilitated unless the City determines that work cannot be
done with the family occupying the unit. Tenants who are temporary displaced shall be
provided with the opportunity to return to the rehabilitated unit they had previously occupied.
' The certification and RARAP are required even if the CDBG- and/ or HOME- assisted projects will not result in the demolition or
conversion of a low- to moderate- income dwelling.
2 The term "lower-income person" or "low- to moderate- income person" means a family or individual having an income equal to or
less than the Section 8 lower income limit established by HUD. This means a family or individual whose average monthly income
does not exceed 80% of the median income for the area, as determined by HUD, with adjustments for family members.
City of Miami — Department of Community Development
Residential Anti -displacement and Relocation assistance Plan
-Whenever a housing rehabilitation project involves potential displacement. the City_ ti�ill work
with the proposer to allow tenants to remain during and after rehabilitation.
3. Adopt policies to identify and mitigate displacement resulting from intensive public
investment in neighborhoods.
IILB One -for -One Replacement Units
The City shall replace all occupied and vacant occupiable low- to moderate- income affordable
housing demolished or converted to a use other than as low- to moderate- income affordable
housing in connection with a project assisted with funds provided under the CDBG and/ or HONM
programs with comparable units. This is in accordance with the HCD Act at section 104(d), and the
program regulation at 24 CFR 570.606.
For more information regarding the replacement of housing, please contact the Department of
Community Development, Assistant Director of Housing at 305-416-2080.
The replacement of such units shall be provided by any agency of local government or by private
developer(s), and must meet the following requirements:
All replacement housing will be provided within three (3) years after the commencement of the
demolition or conversion. Before entering into a contract committing the City to provide funds for a
project that will directly result in demolition or conversion, the City shall make public, and submit
to the local HUD field office the following information in writing:
1. A description of the proposed assisted activity;
2. The address, number of bedrooms, and location on a map of the low- to moderate- income
affordable housing that will be demolished or converted to a use other than a low- to
moderate- income affordable housing as a result of an assisted activity;
3. A time schedule for the commencement and completion of the demolition or conversion;
4. To the extent known, the address, number of bedrooms, and location on a map of the
replacement dwelling units. If such data is not available at the time of submission to HUD,
the City will identify the general location on an area map and the approximate number of
dwelling units by size and provide information identifying the specific location and number
of dwelling units by size as soon as it is available;
5. The source of funding and a time schedule for the provision of the replacement dwelling
units;
6. The basis for concluding that the replacement housing will remain low- to moderate- income
affordable for at least 10 years from the date of initial occupancy; and
7. Information demonstrating that any proposed replacement of dwelling units with smaller
dwelling units (i.e. a 2 bedroom unit with 2 one bedroom units), or any proposed replacement
of efficiency or single -room occupancy (SRO) units with units of a different size, is
appropriate and consistent with the housing needs and priorities identified in the approved
Consolidated plan.
The one-for-one replacement requirement may not apply if HUD determines that there is an
adequate supply of vacant low- to moderate- income dwelling units in standard condition available
on a non-discriminatory basis within City limits. In making such determination, HUD will consider
such factors such as vacancy rates, number of low- to moderate- income units in the City and the
number of eligible families in the Section 8 waiting list.
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Croy of Miami — Department of Community Development
Residential Anti -displacement and Relocation Assistance Plan
III.0 Relocation Assistance
Relocation assistance will be provided in accordance with the HCD Act at section 104(d). and as
stipulated in 24 CFR 570.606. to each low- to moderate- income household displaced by demolition
or conversion of a lower-income affordable d« ellina unit as the result of an assisted activin�. The
Cite of Miami — Department of Community Development is in charge of providing relocation
payments and other relocation assistance.
For more information regardina relocation assistance. please contact the Department of Community
Development, Assistant Director of Housing at 305-416-2080.
IV. Submission and Recordkeeping Requirements
Whenever CDBG and/ or HOME funding is utilized for an activity that results in displacement, the City
must submit to HUD its RARAP that details how relocation assistance will be provided. This assistance
must comply with the acquisition and relocation statutory requirements of the Uniform Act, and the
implementing regulations published at 49 CFR 24.
V. Public Disclosure
To ensure compliance with section 104(d), the City will publish in a local newspaper of general
circulation a `notice of availability' stating where and when a complete project description will be
available for review.
VI. Appeals
Assistance, or lack thereof, that can be appealed may include the person's eligibility for, or the amount of,
payments required for moving, replacement housing, or commercial re-establishment. Any person who
believes he/she has been displaced for a federally assisted project may file a written appeal with the City.
If the person believes the City has failed to properly consider the person's application for assistance under
the Uniform Act or Section 104(d) of the Housing and Community Development Act, by denying
benefits, an appeal should be sent to, and will be reviewed by, the City. Please contact the Assistant
Director of Housing regarding any appeals at 305-416-2080.
The City shall promptly review appeals in accordance with the requirements of applicable law and 49
CFR 24.10 of the Uniform Act regulations. The City will accept appeals that are received within 15
calendar days after the City's determination on a person's claim.
In deciding an appeal, the City shall consider pertinent justification and material submitted by the person,
to ensure a fair and full review of the appeal. The City shall make a written determination on the appeal,
including an explanation of the basis on which the decision was made and furnish the person a copy.
If the full review is not granted, the City shall advise the person of his or her right to seek judicial review
of the decision. The City official conducting the review of the appeal shall be either the director of the
Department of Community Development or his/her designee. However, the official cannot be directly
involved in the action appealed. If the displaced person is still not in agreement with the determination,
the City may direct the person to the local HUD Office of Community Planning and Development for a
review of the appeal and determination.
Cin of Miami — Department of Communis. Development
Residential Anti -displacement and Relocation Assistance Plan
Basic Protection Assistance and
Advisory Services Under the
Uniform Act and Section 104(d)
Optional support attachment for use with a residential
Anti -displacement and Relocation Assistance Plan
Cite of Miami — Department of Community Development
Residential anti -displacement and Relocation _Assistance Plan
Basic Acquisition and Relocation Assistance Available Under the
Uniform Relocation Assistance and Real Property Acquisition Policies Act
Basic Relocation Assistance Available Under
Section 144(d) of the Housing and Community Development Act of 1974
It is the intent of the Ciry of Miami ("Agency") to describe the most basic protections available to persons
whose property is to be acquired for a project or who are displaced by projects carried out by the Agency
that include HUD financial assistance and who are subject to the acquisition and displacement assistance
requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
as amended ("URA"), and when applicable, to the relocation provisions of section 104(d) of the Housing
and Community Development Act of 1974, if applicable. Some key relocation considerations include the
followina:
Project Planning: In order to estimate the relocation costs for HUD -funded projects subject to the
URA, and when applicable, section 104(d), a basic evaluation of the proposed project is required at
the initial planning stage to determine who may remain in a project, and who must be offered
displacement assistance. In estimating the cost of relocation, the City of Miami must determine what
funds will be needed, and ensure that such funds will be available to complete the project in a timely
manner.
Temporary Relocation: Temporary relocation of residents is aenerally limited to rehabilitation
projects where the entity's occupancy criteria has been prepared and approved; the on-site tenants
evaluated, rated, and ranked; and a determination has been made as to which tenants can be
guaranteed that they will be able to lease and occupy their old apartment or another suitable, decent,
safe, and sanitary apartment in the same building/ complex, once the project is complete. Such tenants
may be temporarily moved from the project if the move is for a period of time less than 12 months.
Any person (residential or non-residential), who disagrees with the City's determination that s/he is
not a displaced person under this part, may file an appeal in accordance with 49 CFR 24.10.
Tenant Occupied Property: Tenants who move permanently from demolition projects, or who are
required to move where the rehabilitation of their unit is expected to exceed 12 months, are eligible
for assistance as displaced persons. Permanent moves are also required in rehabilitation projects
where the residential occupants are private sector, unassisted residents, or are non-residential, and do
not meet the new lease criteria of the proposed project.
To describe the protections and assistance of the URA in general terms, excerpts from the URA
regulations are used in this document to help explain its purpose, define the terms used in the regulations,
and outline the manner in which the basic acquisition policies under subpart B of 49 CFR 24.102 might
not be applicable to an acquisition. Specifically, the excerpts used are taken from the following subparts
of 49 CFR 24:
Subpart A — Sec. 24.1 Purpose
Subpart A — Sec. 24.2 Definitions and Acronyms
Subpart A — Sec. 24.101(b) Programs and projects receiving Federal financial assistance.
These excerpts are followed by information published in HUD's acquisition and relocation booklets. The
information in the acquisition brochure relates to acquisitions that are subject to the Subpart B basic
acquisition requirements. The relocation brochures help outline much of the basic protections, assistance,
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Cin of Miami — Department of Community Development
Residential anti -displacement and Relocation assistance Plan
and advisor- services available under the URA. and section 104(d) of the Housing and Community Act of
1974, N�Ihen applicable, to persons who are displaced as the result of a HUD -assisted project. Some
information in these brochures reflects HUD's implementing instructions.
Subpart A — Sec. 24.1 Purpose:
The purpose of this part is to promulgate rules to implement the Unifonn Relocation Assistance and Real
Property Acquisition Policies Act of 1970. as amended (42 U.S.C. 4601 et seq.) , in accordance with the
follo«-ing objectives:
(a) To ensure that owners of real propert}, to be acquired for Federal and federally -assisted projects are
treated fairly and consistently, to encourage the expedite acquisition by agreements with such owners, to
minimize litigation and relieve congestion in the courts, and to promote public confidence in Federal and
federally assisted land acquisition programs.
(b) To ensure that persons displaced as a direct result of Federal or federally funded assisted projects
are treated fairly, consistently, and equitably so that such displaced persons will not suffer
disproportionate injuries as a result of projects designed for the benefit of the public as a whole: and
(c) To ensure that agencies implement these regulations in a manner that is efficient and cost effective.
Subpart A — Sec. 24.2 Definitions and acronyms:
(a) Definitions. Unless otherwise noted, the following terms used in this part shall be understood as
defined in this section:
(1) Agency. The term Agency means the Federal Agency, State, State Agency, or person that acquires
real property or displaces a person.
(i) Acquiring Agency. The term acquiring Agency means a State Agency, as defined in paragraph
(a)(1)(iv) of this section; which has the authority to acquire property by eminent domain under State law,
and a State Agency or person which does not have such authority.
(ii) Displacing Agency. The term displacing Agency means any Federal Agency carrying out a program
or project, and any State, State Agency, or person carrying out a program or project with Federal financial
assistance, which causes a person to be a displaced person.
(iii) Federal Agency. The term Federal Agency means any department, Agency, or instrumentality in
the executive branch of the Government, any wholly owned government corporation, the Architect of the
Capitol, the Federal Reserve Banks and branches thereof, and any person who has the authority to acquire
property by eminent domain under Federal law.
(iv) State Agency. The term State Agency means any department, Agency or instrumentality of a State
or of a political subdivision of a State, any department, Agency, or instrumentality of two or more States
or of two or more political subdivisions of a State or States, and any person who has the authority to
acquire property by eminent domain under State law.
(2) Alien not lawfully present in the United States. The phrase "alien not lawfully present in the
United States" means an alien who is not "lawfully present" in the United States as defined in 8 CFR
103.12 and includes:
(i) An alien present in the United States who has not been admitted or paroled into the United States
pursuant to the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) and whose stay in the United
States has not been authorized by the United States Attorney General, and
(ii) An alien who is present in the United States after the expiration of the period of stay authorized by
the United States Attorney General or who otherwise violates the terms and conditions of admission,
parole or authorization to stay in the United States.
(3) Appraisal. The term appraisal means a written statement independently and impartially prepared by
a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a
specific date, supported by the presentation and analysis of relevant market information.
Cin• of Miami — Department of Communiry Development
Residential Anti -displacement and Relocation assistance Plan
(4) Business. The term business means any lawful activity, except a farm operation, that is conducted:
(i) Primarily for the purchase. sale, lease and/or rental of personal and/or real properr. and,%or for the
manufacture, processing. and/or marketing of products. commodities. and/or any other personal propem-:
(ii) Primarily for the sale of services to the public;
(iii) Primarily for outdoor advertising display purposes. NA -hen the display must be moved as a result of
the project: or
(iv) By a nonprofit organization that has established its nonprofit status under applicable Federal or
State law.
(5) Citizen. The term citizen for purposes of this part, includes both citizens of the United States and
noncitizen nationals.
(6) Comparable replacement dwelling. The term comparable replacement dwelling means a dwelling
which is:
(i) Decent, safe and sanitary as described in paragraph (a)(8) of this section;
(ii) Functionally equivalent to the displacement dwelling. The term functionally equivalent means that it
performs the same function, and provides the same utility.rNArhile a comparable replacement dwelling
need not possess every feature of the displacement dwelling, the principal features must be present.
Generally, functional equivalency is an objective standard, reflecting the range of purposes for which the
various physical features of a dwelling may be used. However, in determining whether a replacement
dwelling is functionally equivalent to the displacement dwelling, the Agency may consider reasonable
trade-offs for specific features when the replacement unit is equal to or better than the displacement
dwelling. (See appendix A to this part);
(iii) Adequate in size to accommodate the occupants;
(iv) In an area not subject to unreasonable adverse environmental conditions;
(v) In a location generally not less desirable than the location of the displaced person's dwelling with
respect to public utilities and commercial and public facilities, and reasonably accessible to the person's
place of employment;
(vi) On a site that is typical in size for residential development with normal site improvements,
including customary landscaping. The site need not include special improvements such as outbuildings,
swimming pools; or greenhouses. (See also Sec. 24.403(a)(2));
(vii) Currently available to the displaced person on the private market except as provided in paragraph
(a)(6)(ix) of this section. (See appendix A, section 24.2(a)(6)); and
(viii) Within the financial means of the displaced person eligible for a replacement housing payment.
This means that after receipt of all acquisition and relocation payments under this regulation (including
any amount deducted because of rent owed the Agency), the price or rent (including utilities), as
appropriate, of the replacement dwelling offered as a comparable does not exceed the price or rent
(including utilities) of the dwelling from which displaced.
(ix) For a person receiving government housing assistance before displacement, a dwelling that may
reflect similar government housing assistance. In such cases any requirements of the government housing
assistance program relating to the size of the replacement dwelling shall apply. (See appendix A, sectionv
24.2(a)(6)).
(7) Contribute materially. The term contribute materially means
that during the 2 taxable years prior to the taxable year in which displacement occurs, or during such
other period as the Agency determines to be more equitable, a business or farm operation:
(i) Had average annual gross receipts of at least $5,000; or
(ii) Had average annual net earnings of at least $1,000; or
(iii) Contributed at least 33 1/3 percent of the owner's or operator's average annual gross income from
all sources.
(iv) If the application of the above criteria creates an inequity or hardship in any given case, the Agency
may approve the use of other criteria as determined appropriate.
(8) Decent, safe, and sanitary dwelling. The term decent, safe, and sanitary dwelling means a dwelling
which meets local housing and occupancy codes. However, any of the following standards which are not
City of Miami — Department of Community Development
Residential anti -displacement and Relocation Assistance Plan
met by the local code shall apply unless waived for Rood cause by the Federal Agency funding the
project. The dwelling shall:
(i) Be structurally sound. weather tight. and in Rood repair:
(ii) Have no deteriorated paint (or no deteriorated lead-based paint if paint testing is conducted) and
have no dust -lead hazards. as these terms are defined at 24 CFR 35.110. unless the displaced person is
either elderly or disabled and no child under 6 years of age will reside or be expected to reside in the unit,
or the replacement dw ellina unit is a zero -bedroom dwelling. A unit built on or after January 1. 1978,
shall meet this requirement:
(iii) Contain a safe electrical ,N firing system adequate for lighting and other devices;
(iv) Contain a heating system capable of sustaining a healthful temperature (of approximately 70
degrees) for a displaced person, except in those areas where local climatic conditions do not require such
a system;
(v) Be adequate in size with respect to the number of rooms and area of living space needed to
accommodate the displaced person. The number of persons occupying each habitable room used for
sleeping purposes shall not exceed that permitted by local housing codes or the policies of the displacing
Agency. In addition, the displacing Agency shall follow the requirements for separate bedrooms for
children of the opposite gender included in local housing codes or the policies of such
Agencies;
(vi) There shall be a separate, well lighted and ventilated bathroom that provides privacy to the user and
contains a sink, bathtub or shower stall, and a toilet, all in good working order and properly connected to
appropriate sources of water and to a sewage drainage system. In the case of a housekeeping dwelling,
there shall be a kitchen area that contains a fully usable sink, properly connected to potable hot and cold
water and to a sewage drainage system, and adequate space and utility service connections for a stove and
refrigerator;
(vii) Contains unobstructed egress to safe, open space at ground level; and
(viii) For a displaced person with a disability, be free of any barriers which would preclude reasonable
ingress, egress, or use of the dwelling by such displaced person. (See appendix A, section 24.2(a)(8).)
(9) Displaced person. (i) General. The term displaced person means, except as provided in paragraph
(a)(9)(ii) of this section, any person who moves from the real property or moves his or her personal
property from the real property. (This includes a person who occupies the real property prior to its
acquisition, but who does not meet the length of occupancy requirements of the Uniform Act as described
at Sec. 24.401(a) and Sec. 24.402(a)):
(A) As a direct result of a written notice of intent to acquire (see section 24.203(d)), the initiation of
negotiations for, or the acquisition of, such real property in whole or in part for a project;
(B) As a direct result of rehabilitation or demolition for a project; or
(C) As a direct result of a written notice of intent to acquire, or the acquisition, rehabilitation or
demolition of, in whole or in part, other real property on which the person conducts a business or farm
operation, for a project. However, eligibility for such person under this paragraph applies only for
purposes of obtaining relocation assistance advisory services under Sec. 24.205(c), and moving expenses
under Sec. 24.301, Sec. 24.302 or Sec. 24.303.
(ii) Persons not displaced. The following is a nonexclusive listing of persons who do not qualify as
displaced persons under this part:
(A) A person who moves before the initiation of negotiations (see section 24.403(d)), unless the
Agency determines that the person was displaced as a direct result of the program or project;
(B) A person who initially enters into occupancy of the property after the date of its acquisition for the
project;
(C) A person who has occupied the property for the purpose of obtaining assistance under the Uniform
Act;
(D) A person who is not required to relocate permanently as a direct result of a project. Such
determination shall be made by the Agency in accordance with any guidelines established by the Federal
Agency funding the project. (See appendix A, section 24.2(a)(9)(ii)(D));
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Cite of Miami — Department of Community Development
Residential _-inti-displacement and Relocation assistance Plan
(E) An owner -occupant NA ho moves as a result of an acquisition of real property as described in Sec.
24.101(b)(1) through (5). or as a result of the rehabilitation or demolition of the real property.
(Ho« ever. the displacement of a tenant as a direct result of any acquisition. rehabilitation or demolition
for a Federal or federalh-assisted project is subject to this part.):
(F) A person xyhom the Agency determines is not displaced as a direct result of a partial acquisition;
(G) A person who. after receiving a notice of relocation eligibility (described at Sec. 24.203(b)), is
notified in 'writing that he or she will not be displaced for a project. Such notice shall not be issued unless
the person has not moved and the Agency agrees to reimburse the person for any expenses incurred to
satisfy any binding_ contractual relocation obligations entered into after the effective date of the notice of
relocation elisibility:
(H) An owner -occupant who conveys his or her propervy, as described in Sec. 24.101(b)(1) through (5).
after being informed in writing that if a mutually, satisfactory agreement on terms of the conveyance
cannot be reached, the Agency will not acquire the property. In such cases, however, any resulting
displacement of a tenant is subject to the regulations in this part; or
(I) A person who retains the right of use and occupancy of the real property for life following its
acquisition by the Agency;
(J) An owner who retains the right of use and occupancy of the real property for a fixed term after its
acquisition by the Department of the Interior under Public Law 93-477, Appropriations for National Park
System, or Public Law 93-303, Land and Water Conservation Fund, except that such owner remains a
displaced person for purposes of subpart D of this part;
(K) A person who is determined to be in unlawful occupancy prior to or after the initiation of
negotiations, or a person who has been evicted for cause, under applicable law, as provided for in Sec.
24.206. However, advisory assistance may be provided to unlawful occupants at the option of the
Agency in order to facilitate the project; or
(L) A person who is not lawfully present in the United States and who has been determined to be
ineligible for relocation assistance in accordance with Sec. 24.208.
(10) Dwelling. The term dwelling means the place of permanent or customary and usual residence of a
person, according to local custom or law, including a single family house; a single family unit in a two-
family, multi -family, or multi-purpose property; a unit of a condominium or cooperative housing project;
a non -housekeeping unit; a mobile home; or any other residential unit.
(11) Dwelling site. The term dwelling site means a typical site upon which a dwelling is located.
(12) EAction for cause. The term eviction for cause means an eviction in conformance with applicable
State and local requirements, provided:
(i) The eviction notice was received before or after the initiations of negotiations and as a result of that
notice is later evicted; or
(ii) Eviction was for serious or repeated violations of material terms of the lease or occupancy
agreement.
(13) Farm operation. The term farm operation means any activity conducted solely or primarily for the
production of one or more agricultural products or commodities, including timber, for sale or home use,
and customarily producing such products or commodities in sufficient quantity to be capable of
contributing materially to the operator's support.
(14) Federal financial assistance. The term Federal financial assistance means a grant, loan, lease
payments or contribution provided by the United States, except any Federal guarantee or insurance and
any interest reduction payment to an individual in connection with the purchase and occupancy of a
residence by that individual.
(15) Household income. The term household income means total gross income received for a 12 month
period from all sources (earned and unearned) including, but not limited to wages, salary, child support,
alimony, unemployment benefits, workers compensation social security, or the net income from a
business. It does not include income received or earned by dependent children and full time students
under 18 years of age. (See appendix A, section 24.2(a)(15) for examples of exclusions to income.)
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(16) Initiation of negotiations. Unless a different action is specified in applicable Federal program
regulations. the tern initiation of negotiations means the followina:
(i) «17enever the displacement results from the acquisition of the real property by a Federal Agency or
State Agency. the initiation of negotiations means the delivery of the initial written offer of just
compensation by the Agency to the owner or the owner's representative to purchase the real propem' for
the project. However. if the Federal AQencv or State Agency issues a notice of its intent to acquire the
real property, and a person moves after that notice. but before delivery of the initial written purchase
offer, the initiation of negotiations means the actual move of the person from the property.
(ii) IN henever the displacement is caused by rehabilitation, demolition or privately undertaken
acquisition of the real property (and there is no related acquisition by a Federal Agencv or a State
Agency), the initiation of negotiations means the notice to the person that he or she «will be displaced by
the project or, if there is no notice, the actual move of the person from the property.
(iii) In the case of a permanent relocation to protect the public health and welfare, under the
Comprehensive Environmental Response Compensation and Liability Act of 1980 (Public Law 96-510,
or Superfund) the initiation of negotiations means the formal announcement of such relocation or the
Federal or federally -coordinated health advisory where the Federal Government later decides to conduct a
permanent relocation.
(iv) In the case of permanent relocation of a tenant as a result of an acquisition of real property
described in Sec. 24.101(b)(1) through (5), the initiation of negotiations means acceptance of the
Agency's offer top urchase the real property.
(17) Lead Agency. The term Lead Agency means the Department of Transportation acting through the
Federal Highwav Administration.
(18) Mobile home. The term mobile home includes manufactured homes and recreational vehicles.
(See appendix A, section 24.2(a)(18).)
(19) Mortgage. The term mortgt7lage means such classes of liens as are commonly given to secure
advances on, or the unpaid purchase price of, real property, under the laws of the State in which the real
property is located, together with the credit instruments, if any, secured thereby.
(20) Nonprofit organization. The term nonprofit organization means an organization that is
incorporated under the applicable laws of a State as a non-profit organization, and exempt from paying
Federal income taxes under section 501 of the Internal Revenue Code (26 U.S.C. 501).
(21) Owner of a dwelling. The term owner of a dwelling means a person who is considered to have
met the requirement to own a dwelling if the person purchases or holds any of the following interests in
real property;
(i) Fee title, a life estate, a land contract, a 99 year lease, or a lease including any options for extension
with at least 50 years to run from the date of acquisition; or
(ii) An interest in a cooperative housing project which includes the right to occupy a dwelling; or
(iii) A contract to purchase any of the interests or estates described in Sec. 24.2(a)(1)(i) or (ii) of this
section, or
(iv) Any other interest, including a partial interest, which in the judgment of the Agency warrants
consideration as ownership.
(22) Person. The term person means any individual, family, partnership, corporation, or association.
(23) Program or project. The phrase program or project means any activity or series of activities
undertaken by a Federal Agency or with Federal financial assistance received or anticipated in any phase
of an undertaking in accordance with the Federal funding Agency guidelines.
(24) Salvage value. The term salvage value means the probable sale price of an item offered for sale to
knowledgeable buyers with the requirement that it be removed from the property at a buyer's expense
(i.e., not eligible for relocation assistance). This includes items for re -use as well as items with
components that can be re -used or recycled when there is no reasonable prospect for sale except on this
basis.
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(25) Small business. A small business is a business having not more than 500 employees \vorking at
the site being acquired or displaced by a program or project. which site is the location of economic
activity .
Sites occupied solely by outdoor advertising signs. displays. or devices do not qualify as a business for
purposes of Sec. 24.304.
(26) State. Any of the several States of the United States or the District of Columbia, the
Commonwealth of Puerto Rico, any territory or possession of the United States. or a political subdivision
of any of these jurisdictions.
(27) Tenant. The term tenant means a person who has the temporary use and occupancy of real
property owned by another.
(28) Uneconomic remnant. The term uneconomic remnant means a parcel of real property in which
the owner is left with an interest after the partial acquisition of the owner's property, and which the
Agency has determined has little or no value or utility to the owner.
(29) Uniform Act. The term Uniform Act means the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (Public Law 91-646, 84 Stat. 1894; 42 U.S.C. 4601 et seq.), and
amendments thereto. (30) Unlawful occupant. A person who occupies without property right, title or
payment of rent or a person legally evicted, with no legal rights to occupy a property under State law. An
Agency, at its discretion, may consider such person to be in lawful occupancy.
(31) Utility costs. The term utility costs means expenses for heat, lights, water and sewer.
(32) Utility facility. The term utility facility means any electric, gas, water, steam power, or materials
transmission or distribution system; any transportation system; any communications system, including
cable television; and any fixtures, equipment, or other property associated with the operation,
maintenance, or repair of any such system. A utility facility may be publicly, privately, or cooperatively
owned.
(33) Utility relocation. The term utility relocation means the adjustment of a utility facility required by
the program or project undertaken by the displacing Agency. It includes removing and reinstalling the
facility, including necessary temporary facilities; acquiring necessary right-of-way on a new location;
moving, rearranging or changing the type of existing facilities; and taking any necessary safety and
protective measures. It shall also mean constructing a replacement facility that has the functional
equivalency of the existing facility and is necessary for the continued operation of the utility service, the
project economy, or sequence of project construction.
(34) Waiver valuation. The term waiver valuation means the valuation process used and the product
produced when the Agency determines that an appraisal is not required, pursuant to Sec. 24.102(c)(2)
appraisal waiver provisions.
(b) Acronyms. The following acronyms are commonly used in the implementation of programs subject
to this part:
(1) BCIS. Bureau of Citizenship and Immigration Service.
(2) FEMA. Federal Emergency Management Agency.
(3) FHA. Federal Housing Administration.
(4) FHWA. Federal Highway Administration.
(5) FIRREA. Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
(6) HLR. Housing of last resort.
(7) HUD. U. S. Department of Housing and Urban Development.
(8) NMP. Mortgage interest differential payment.
(9) RHP. Replacement housing payment.
(10) STUR.AA. Surface Transportation and Uniform Relocation Act Amendments of 1987.
(11) URA. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.
(12) USDOT. U.S. Department of Transportation.
(13) USPAP. Uniform Standards of Professional Appraisal Practice.
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Subpart B — Sec. 24.101 Applicability of acquisition requirements:
(a) Federal program or project. The requirements of this subpart apply to any acquisition of real
property for a direct Federal program or project. except acquisition for a program or project which is
undertaken by the Tennessee Valley Authority or the Rural Electrification Administration. (See appendix
A, section 24.101(a).)
(b) Programs and projects receiving Federal financial assistance. The requirements of this subpart apply
to any acquisition of real property for programs and projects where there is Federal financial assistance in
any part of project costs except for the acquisitions described in paragraphs (b)(1) through (5) of this
section. The relocation assistance provisions in this part are applicable to any tenants that must move as a
result of an acquisition described in paragraphs (b)(1) through (5) of this section. Such tenants are
considered displaced persons. (See Sec. 24.2(a)(9))
(1) Acquisitions that meet all of the conditions in paragraphs (b)(1)(i) through (iv) of this section.
(i) No specific site or property needs to be acquired, although the Agency may limit its search for
alternative sites to a general geographic area. Where an Agency wishes to purchase more than one site
within a general geographic area on this basis, all owners are to be treated similarly. (See appendix A,
section 24.101(b)(1)(i).)
(ii) The property to be acquired is not part of an intended, planned, or designated project area where all
or substantially all of the property within the area is to be acquired within specific time limits.
(iii) The Agency will not acquire the property in the event negotiations fail to result in an agreement,
and the owner is so informed in writing.
(iv) The Agency will inform the owner in writing of what it believes to be the market value of the
property. (See appendix A, section 24. 101 (b)(1)(iv) & (2)(ii).)
(2) Acquisitions for programs or projects undertaken by an Agency or person that receives Federal
financial assistance but does not have authority to acquire property by eminent domain, provided that
such Agency or person shall:
(i) Prior to making an offer for the property, advise the owner in writing that it is unable to acquire the
property in the event negotiations fail to result in an amicable agreement; and
(ii) Inform the owner in writing of what it believes to be market value of the property. (See appendix A,
section 24. 10 1 (b)(1 )(iv) & (2)(ii).)
(3) The acquisition of real property from a Federal Agency, State, or State Agency, if the Agency
desiring to make the purchase does not have authority to acquire the property through condemnation.
(4) The acquisition of real property by a cooperative from a person who, as a condition of membership
in the cooperative, has agreed to provide without charge any real property that is needed by the
cooperative.
(5) Acquisition for a program or project which receives Federal financial assistance from the Tennessee
Valley Authority or the Rural Electrification Administration.
(c) Less -than -full -fee interest in real property. The provisions of this subpart apply when acquiring fee
title subject to retention of a life estate or a life use; to acquisition by leasing where the lease term,
including option(s) for extension, is 50 years or more; and to the acquisition of permanent easements.
(See appendix A, section 24.101(c).)
(d) Federally -assisted projects. For projects receiving Federal financial assistance, the provisions of
Sec. 24.102, 24.103, 24.104, and 24.105 apply to the greatest extent practicable under State law. (See
section 24.4(a).)
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U.S. Department of Housing and Urban Development
Acquisition and Relocation Brochures
A general summary, of the assistance. services and protections afforded under the Uniform Relocation
Assistance and Real Property Acquisition Policies Act, and the relocation assistance available under
section 104(d) of the Housing and Community Development Act of 1974, are outlined in brochures
published by HUD. Copies of these brochures can be obtained by visiting HUD's website at
v,�� .hud.go�-relocatian, or by calling HUD's print office at 1-800-767-7468.
The acquisition and relocation brochures published by HUD are included in this document, and at the
pages indicated below-:
■ Public Acquisition of Real Property. (HUD -1041) Page 16
■ Relocation Assistance for Businesses, Nonprofits and Farms.(HUD-1043) Page 22
■ Relocation Assistance for Displaced Tenants under Section 104(d). (HUD -136) Page 29
■ Relocation Assistance for Displaced Homeowners under the URA. (HUD -1044) Page 38
■ Relocation Assistance for Displaced Tenants under the URA. (HUD -1042) Pace 47
15
NN HEN A PUBLIC AGENCY
ACQUIRES YOUR PROPERTY
Introduction
U.S. Department of Housing
and Urban Development
Office of Community Planning
and Development
This booklet describes important features of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended (URA) and provides general
information about public acquisition of real property (real estate) that should be useful to you.
Most acquisitions of real property by a public agency for a Federal project or a project in which
Federal funds are used are covered by the URA. If you are notified that your property will be
acquired for such a project, it is important that you learn your rights under this important law.
This booklet may not answer all of your questions. If you have more questions about the
acquisition of your property, contact the Agency responsible for the project. (Check the back of
this booklet for the name of the person to contact at the Agency.) Ask your questions before
you sell your property. Afterwards, it may be too late.
General Questions
What Right Has Any Public Agency To Acquire My Property?
The Federal Government and every State government have certain powers which are
necessary for them to operate effectively. For example, they have the power to levy taxes and
the power to maintain order. Another government power is the power to acquire private
property for public purposes. This is known as the power of eminent domain.
The rights of each of us are protected, however, by the Fifth and Fourteenth Amendments of the
U.S. Constitution and by State constitutions and eminent domain laws which guarantee that if a
public agency takes private property it must pay 'just compensation" to the owner. The URA
provides additional protections, as explained in this booklet.
Who Made The Decision To Buy My Property?
The decision to acquire a property for a public project usually involves many persons and many
determinations. The final determination to proceed with the project is made
only after a thorough review which may include public hearings to obtain the views of interested
citizens.
If you have any questions about the project or the selection of your property for acquisition, you
should ask a representative of the Agency which is responsible for the project.
How Will The Agency Determine How Much To Offer Me For My Property?
Before making you an offer, the Agency will obtain at least one appraisal of your property by a
competent real property appraiser who is familiar with local property values. The appraiser will
inspect your property and prepare a report that includes his or her professional opinion of its
current fair market value. After the appraiser has completed his work, a review appraiser will
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examine the appraisal report to assure that the estimate is fair and the work conforms with
professional appraisal standards.
The Agency must offer you "just compensation" for your property. This amount cannot be less
than the appraised fair market value of the property. "Just compensation" for your property
does not take into account your relocation needs. If you are eligible for relocation assistance, it
will be additional.
What Is Fair Market Value?
Fair market value is sometimes defined as that amount of money which would probably be paid
for a property in a sale between a willing seller, who does not have to sell, and a willing buyer,
who does not have to buy. In some areas a different term or definition may be used.
The fair market value of a property is generally considered to be "just compensation." Fair
market value does not take into account intangible elements such as sentimental value, good
will, business profits, or any special value that your property may have for you or for the Agency.
How Does An Appraiser Determine The Fair Market Value Of My Property?
Each parcel of real property is different and therefore no single formula can be devised to
appraise all properties. Among the factors an appraiser typically considers in estimating the
value of real property are:
■ How it compares with similar properties in the area that have been sold recently.
■ How much rental income it could produce.
■ How much it would cost to reproduce the buildings and other structures, less any
depreciation.
Will I Have A Chance To Talk To The Appraiser?
Yes. You will be contacted and given the opportunity to accompany the appraiser on his or her
inspection of your property. You may then inform the appraiser of any special features which
you believe may add to the value of your property. It is in your best interest to provide the
appraiser with all the useful information you can in order to insure that nothing of allowable
value will be overlooked. If you are unable to meet with the appraiser, you may wish to have a
person who is familiar with your property represent you.
How Soon Will I Receive A Written Purchase Offer?
Generally, this will depend on the amount of work required to appraise your property. In the
case of a typical single-family house, it is usually possible to make a written purchase offer
within 45 to 60 days of the date an appraiser is selected to appraise the property.
Promptly after the appraisal has been reviewed (and any necessary corrections obtained), the
Agency will determine just compensation and give you a written purchase offer in that amount
along with a "summary statement," explaining the basis for the offer. No negotiations are to
take place before you receive the written purchase offer and summary statement.
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What Is In The Summary Statement Of The Basis For The Offer Of Just Compensation?
The summary statement of the basis for the offer of just compensation will include:
■ An accurate description of the property and the interest in the property to be acquired.
■ A statement of the amount offered as just compensation. (If only part of the property is
to be acquired, the compensation for the part to be acquired and the compensation for
damages, if any, to the remaining part will be separately stated.)
■ A list of the buildings and other improvements covered by the offer. (If there is a
separately held interest in the property not owned by you and not covered by the offer
(e.g., a tenant -owned improvement), it will be so identified.)
Must I Accept The Agency's Offer?
No. You are entitled to present your evidence as to the amount you believe is the fair market
value of your property and to make suggestions for changing the terms and conditions of the
offer. The Agency will consider your evidence and suggestions. When fully justified by the
available evidence of value, the offer price will be increased.
May Someone Represent Me During Negotiations?
Yes. If you would like an attorney or anyone else to represent you during negotiations, please
inform the Agency. However, the URA does not require the Agency to pay the costs of such
representation.
If I Reach Agreement With The Agency, How Soon Will I Be Paid?
If you reach a satisfactory agreement to sell your property and your ownership (title to the
property) is clear, payment will be made at a mutually acceptable time. Generally, this should
be possible within 30 to 60 days after you sign a purchase contract. If the title evidence obtained
by the Agency indicates that further action is necessary to show that your ownership is clear,
you may be able to hasten the payment by helping the Agency obtain the necessary proof.
(Title evidence is basically a legal record of the ownership of the property. It identifies the
owners of record and lists the restrictive deed covenants and recorded mortgages, liens, and
other instruments affecting your ownership of the property.)
What Happens If I Don't Agree To The Agency's Purchase Offer?
If you are unable to reach an agreement through negotiations, the Agency may file a suit in
court to acquire your property through an eminent domain proceeding. Eminent domain
proceedings are often called condemnations. If your property is to be acquired by
condemnation, the Agency will file the condemnation suit without unreasonable delay.
An Agency may also decide not to buy your property, if it cannot reach agreement on a price,
and find another property to buy instead.
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What Happens After The Agency Condemns My Property?
You will be notified of the action. Condemnation procedures vary, and the Agency will explain
the procedures which apply in your case.
Generally, when an Agency files a condemnation suit, it must deposit with the court (or in an
escrow account) an amount not less than its appraisal of the fair market value of the property.
You should be able to withdraw this amount, less any amounts necessary to pay off any
mortgage or other liens on the property and to resolve any special ownership problems.
Withdrawal of your share of the money will not affect your right to seek additional compensation
for your property.
During the condemnation proceeding, you will be provided an opportunity to introduce your
evidence as to the value of your property. Of course, the Agency will have the same right. After
hearing the evidence of all parties, the court will determine the amount of just compensation. If
that amount exceeds the amount deposited by the Agency, you will be paid the difference, plus
any interest that may be provided by law.
To help you in presenting your case in a condemnation proceeding, you may wish to employ an
attorney and an appraiser. However, in most cases the costs of these professional services and
other costs which an owner incurs in presenting his or her case to the court must be paid by the
owner.
What Can I Do If I Am Not Satisfied With The Court's Determination?
If you are not satisfied with the court judgment, you may file an appeal with the appropriate
appellate court for the area in which your property is located. If you are considering an appeal,
you should check on the applicable time limit for filing the appeal and consult with your attorney
on whether you have a basis for the appeal. The Agency may also file an appeal if it believes
the amount of the judgment is too high.
Will I Have To Pay Any Closing Costs?
You will be responsible for the payment of the balance on any mortgage and other liens on your
property. Also, if your ownership is not clear, you may have to pay the cost of clearing it. But
the Agency is responsible for all reasonable and necessary costs for:
■ Typical legal and other services required to complete the sale, recording fees, revenue
stamps, transfer taxes and any similar expenses which are incidental to transferring
ownership to the Agency.
• Penalty costs and other charges related to prepayment of any recorded mortgage on the
property that was entered into in good faith.
■ Real property taxes covering the period beginning on the date the Agency acquires your
property.
Whenever possible, the Agency will make arrangements to pay these costs directly. If you must
incur any of these expenses yourself, you will be repaid --usually at the time of closing. If you
later discover other costs for which you should be repaid, you should request repayment from
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the Agency immediately. The Agency will assist you in filing a claim. Finally, if you believe that
you were not properly repaid, you may appeal the decision to the Agency.
May I Keep Any Of The Buildings Or Other Improvements On My Property?
Very often, many or all of the improvements on the property are not required by the Agency.
This might include such items as a fireplace mantel, your favorite shrubbery,
or even an entire house. If you wish to keep any improvements, please let the Agency know as
soon as possible.
If you do arrange to keep any improvement, the Agency will deduct only its salvage value from
the purchase price you would otherwise receive. (The salvage value of an item is its probable
selling price if offered for sale on the condition that the buyer will remove it at his or her own
expense.) Of course, if you arrange to keep any real property improvement, you will not be
eligible to receive a relocation payment for the cost of moving it to a new location.
Can The Agency Take Only A Part Of My Property?
Yes. But if the purchase of only a part of your property reduces the value of the remaining
part(s), you will be paid for the loss in value. Also, if any remaining part would have little or no
utility or value to you, the Agency will offer to buy that remaining part from you.
Occasionally, a public project will increase the value of the part which is not acquired by the
Agency. Under some eminent domain laws, the amount of such increase in value is deducted
from the purchase payment the owner would otherwise receive.
Will I Have To Pay Rent To The Agency After My Property Is Acquired?
If you remain on the property after the acquisition, you may be required to pay a fair rent to the
Agency. Such rent will not exceed that charged for the use of comparable properties in the
area.
How Soon Must 1 Move?
If possible, a mutually agreeable date for the move will be worked out. Unless there is an
urgent need for your property (e.g., your occupancy would present a health or safety
emergency), you will not be required to move without at least 90 days advance written notice.
If you reach a voluntary agreement to sell your property, you will not be required to move before
you receive the agreed purchase price. If the property is acquired by condemnation, you cannot
be required to move before the estimated fair market value of the property has been deposited
with the court so that you can withdraw your share.
If you are being displaced from your home, you will not be required to move before a
comparable replacement home is available to you.
Will I Receive Relocation Assistance?
Title II of the URA requires that certain relocation payments and other assistance must be
provided to families, individuals, businesses, farms, and nonprofit organizations when they are
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displaced or their personal property must be moved as a result of a project that is covered by
the URA.
The Agency will furnish you a full explanation of any relocation assistance to which you may be
entitled. If you have any questions about such assistance, please contact the Agency. In order
for the Agency to fulfill its relocation obligations to you, you must keep the Agency informed of
your plans.
My Property is Worth More Now. Must I Pay Capital Gains Tax On The Increase?
Internal Revenue Service (IRS) Publication 544 explains how the Federal income tax would
apply to a gain or loss resulting from the sale or condemnation of real property, or its sale under
the threat of condemnation, for public purposes. If you have any questions about the IRS rules,
you should discuss your particular circumstances with your personal tax advisor or your local
IRS office.
I'm A Veteran. How About My VA Loan?
After your VA home mortgage loan has been repaid, you will be permitted to obtain another VA
loan to purchase another property. Check on such arrangements with your nearest Veterans
Administration Office.
Is It Possible To Donate Property?
Yes. You may donate your property or sell it to the Agency for less than its fair market value.
The Agency must obtain an appraisal of the property and offer just compensation for it, unless
you release the Agency from these obligations.
Additional Information
If you have any questions after reading this booklet, contact the Agency and discuss your
concerns with the Agency representative.
Agency: The City of Miami
Address: 444 SW 2nd Avenue, 2nd Floor, Miami, FL 33130
Office Hours: Monday — Friday from 8 AM to 5 PM
Telephone Number: 305-416-2080
Person to Contact: Assistant Director of Housing/ designee
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RELOCATION ASSIST AVNCE TO
DISPLACED BUSINESSES
NON PROFIT ORGANIZATIONS
AND FARMS
Introduction
U.S. Department of Housing
and Urban Dexelopment
Office of Community Planning
and Development
This booklet describes the relocation assistance and payments provided to displaced
businesses, nonprofit organizations and farms under the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended (URA). This includes any such
occupant that moves from real property, or moves personal property from real property, as a
direct result of acquisition, rehabilitation or demolition for a Federal project or a project in which
Federal funds are used.
If you are notified that you will be displaced, it is important that you do not move before you
learn what you must do to receive the relocation payments and other assistance to which you
are entitled.
Pursuant to Public Law 105-117, aliens not lawfully present in the United States are not
eligible for relocation assistance, unless such ineligibility would result in exceptional
hardship to a qualifying spouse, parent, or child. All persons seeking relocation
assistance will be required to certify that they are a United States citizen or national, or
an alien lawfully present in the United States.
This booklet may not answer all of your questions. If you have more questions about your
relocation, contact the Agency responsible for the project. (Check the back of this booklet for
the name of the person to contact at the Agency.) Ask your questions before you move.
Afterwards, it may be too late.
Summary of Relocation Assistance
As an eligible displaced person, you will be offered the following advisory and financial
assistance:
■ Advisory Services includes referrals to suitable replacement locations, help in
preparing claim forms for relocation payments and other assistance to minimize the
impact of the move.
■ Payment for Moving and Reestablishment Expenses falls into two general
categories:
■ Payment for Actual, Reasonable Moving and Related Expenses. If you choose this
payment, you may also be eligible for a Payment for Reestablishment Expenses, up
to $10,000.
■ Fixed Payment ("In Lieu Of' Payment). As an alternative to receiving payment for your
actual, reasonable and related moving and reestablishment expenses, certain persons
are eligible to choose a Fixed Payment in the amount of $1,000 - $20,000.
General Questions
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How Will I Know I Am Eligible For Relocation Assistance?
You should receive a written notice explaining your eligibility for relocation assistance. You
should not move before receiving that notice. If you do, you may not be eligible for relocation
assistance.
How Will The Agency Know How Much Help I Need?
You will be contacted at an early date and personally interviewed by a representative of the
Agency to determine your relocation needs and preferences.
How Soon Will I Have To Move?
Every reasonable effort will be made to provide you with sufficient time to find and reestablish
your business in a suitable replacement location. If possible, a mutually agreeable date for the
move will be worked out. You will be given enough time to make plans for moving. Unless
there is a health or safety emergency, you will not be required to move without at least 90 days
advance written notice.
How Will I Find A Replacement Location?
The Agency will provide you with current information on available replacement locations that
meet your needs. The Agency may also provide you with the names of real estate agents and
brokers who can assist you in finding the type of replacement location you need.
While the Agency will assist you in obtaining a suitable replacement location, you should take
an active role in finding and relocating to a location of your choice; no one knows your needs
better than you. When searching for a replacement location for your business, you should
ensure that there are no zoning or other requirements which will unduly restrict your planned
operations.
What Other Assistance Will Be Available To Help Me?
In addition to help in finding a suitable replacement location, other assistance, as necessary, will
be provided by the Agency. This includes providing information on Federal, State, and local
programs that may be of help in reestablishing a business. For example, the Small Business
Administration (SBA) provides managerial and technical assistance to some businesses.
You should ask the Agency representative to tell you about the specific services that may be
available to help you.
I Have A Replacement Location And Want To Move. What Should I Do?
Before you make any arrangements to move, notify the Agency as soon as possible. The
Agency will discuss the move with you and advise you of the relocation payment(s) for which
you may be eligible, the requirements to be met, and how to obtain a payment.
I Plan To Discontinue My Business Rather Than Move. What Should I Do?
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If you have decided to discontinue your business rather than reestablish, you may still be
eligible to receive a payment. Contact the Agency and discuss your decision to discontinue
your business. You will be informed of the payment, if any, for which you may be eligible and
the requirements that must be met to obtain the payment.
I Own This Property. Will I Be Paid For It Before I Have To Move?
If you reach a negotiated agreement to sell your property to a public agency, you will not be
required to move before you receive the agreed purchase price. If the property is acquired
through an eminent domain proceeding, you cannot be required to move before the estimated
fair market value of the property has been deposited with the court. (You should be able to
withdraw this amount immediately, less any amounts necessary to pay off any mortgage or
other liens on the property and to resolve any special ownership problems. Withdrawal of your
share of the money will not affect your right to seek additional compensation for your property.)
Ask the Agency to provide you a copy of the HUD information brochure, When a Public
Agency Acquires Your Property (HUD -1041 -CPD). If you have any questions about the
acquisition of your property, please contact the Agency.
What Moving Expenses Are Eligible For Payment?
If you choose a Payment For Actual, Reasonable Moving and Related Expenses, you may
include in your claim the reasonable and necessary cost of:
■ Transportation of the displaced person and personal property. Transportation costs
beyond 50 miles are ineligible, unless the Agency determines that relocation beyond 50
miles is justified.
■ Packing, crating, unpacking, and uncrating personal property.
■ Disconnecting, dismantling, removing, reassembling, and reinstalling relocated personal
property including machinery, equipment, substitute personal property, and connections
to utilities available within the building; it also includes modifications to the personal
property, including those mandated by Federal, State or local law, code or ordinance,
necessary to adapt it to the replacement structure, the replacement site, or the utilities at
the replacement site, and modifications necessary to adapt the utilities at the
replacement site to the personal property.
■ Storage of the personal property for a period not to exceed 12 months, unless the
Agency determines that a longer period is necessary.
■ Insurance for the replacement value of the property in connection with the move and
necessary storage.
■ The replacement value of property lost, stolen, or damaged in the process of moving
where insurance covering such loss, theft, or damage is not reasonably available.
■ Any license, permit, fees or certification required at the replacement location. However,
the payment may be based on the remaining useful life of the existing license, permit,
fees or certification.
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■ Professional services as the Agency determines to be actual, reasonable and necessary
for: Planning the move of the personal property; Moving the personal property; and
installing the relocated personal property at the replacement location.
■ Relettering signs and replacing stationery on hand at the time of displacement that are
made obsolete as a result of the move.
■ Actual direct loss of tangible personal property incurred as a result of moving or
discontinuing the business or farm operation. The payment shall consist of the lesser of:
(1) The fair market value in place of the item, as is for continued use, less the proceeds
from its sale; or
(2) The estimated cost of moving the item as is, but not including any allowance for
storage or for reconnecting a piece of equipment, if the equipment is in storage or
not being used at the acquired site. If the business or farm operation is discontinued,
the estimated cost of moving the item shall be based on a moving distance of 50
miles.
The reasonable cost incurred in attempting to sell an item that is not to be relocated.
Purchase of substitute personal property. If an item of personal property, (which is used
as part of a business or farm operation) is not moved but is promptly replaced with a
substitute item that performs a comparable function at the replacement site, the
displaced person is entitled to payment of the lesser of: (1) The cost of the substitute
item, including installation costs at the replacement site, minus any proceeds from the
sale or trade-in of the replaced item; or (2) The estimated cost of moving and reinstalling
the replaced item but with no allowance for storage.
Searching for a replacement location. A business or farm operation is entitled to
reimbursement for actual, reasonable expenses, not to exceed $2,500, which are
incurred in searching for a replacement location, including: Transportation; meals and
lodging away from home; time spent searching, obtaining permits, attending zoning
hearings and negotiating the purchase or lease of a replacement site (based on
reasonable salary or earnings); fees paid to a real estate agent or broker to locate a
replacement site (exclusive of any fees or commissions related to the purchase of such
sites).
Low value/high bulk. When the personal property to be moved is of low value and high
bulk, and the cost of moving the property would be disproportionate to its value in the
judgment of the displacing Agency, the allowable moving cost payment shall not exceed
the lesser of: (1) the amount which would be received if the property were sold at the site
or (2) the replacement cost of a comparable quantity delivered to the new business
location. Examples include, but are not limited to, stockpiled sand, gravel, minerals,
metals and other similar items of personal property as determined by the Agency.
In addition to the eligible expenses for moving personal property listed above, the following
items are also eligible moving expenses if the Agency determines they are actual, reasonable
and necessary:
■ Connection to available nearby utilities from the right-of-way to improvements at the
replacement site.
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Professional services (based on a reasonable Agency pre -approved hourly rate)
performed prior to the purchase or lease of a replacement site to determine its suitability
for the displaced person's business operation including but not limited to, soil testing,
feasibility and marketing studies (excluding any fees or commissions directly related to
the purchase or lease of such site).
Impact fees or one time assessments for anticipated heavy utility usage.
The Agency will explain all eligible moving and related costs, as well as those which are not
eligible. You must be able to account for all costs that you incur; so keep all your receipts. The
Agency will inform you of the documentation needed to support your claim.
You may elect to pay your moving costs yourself and be repaid by the Agency or, if you prefer,
you may have the Agency pay the mover. In either case, select your mover with care. The
Agency can help you select a reliable and reputable mover.
Also, keep the Agency informed about your moving plans. You must provide the Agency
reasonable advance written notice of the approximate date of the start of your move or
disposition of your personal property and an inventory of the items to be moved. The Agency
may agree to waive this requirement. You must permit the Agency to make reasonable and
timely inspections of the personal property at the old and new locations and to monitor the
move.
What Is A Payment For Reestablishment Expenses?
If you choose to receive a payment for your actual moving and related expenses, you may also
be eligible to receive a payment for reestablishment expenses, not to exceed $10,000. Such
expenses must be reasonable and necessary, as determined by the Agency. They include, but
are not limited to the following:
■ Repairs or improvements to the replacement real property as required by Federal, State
or local law, code or ordinance.
■ Modifications to the replacement property to accommodate the business operation or
make replacement structures suitable for conducting the business.
■ Construction and installation costs for exterior signing to advertise the business.
■ Redecoration or replacement of soiled or worn surfaces at the replacement site, such as
paint, paneling, or carpeting.
■ Advertisement of replacement location.
■ Estimated increased costs of operation during the first 2 years at the replacement site for
such items as: Lease or rental charges; Personal or real property taxes; Insurance
premiums; and Utility charges, excluding impact fees.
■ Other items that the Agency considers essential to the reestablishment of the business.
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What Is A Fixed Moving Payment ("In Lieu Of" Payment)?
Certain businesses, nonprofit organizations and farms are eligible to obtain a Fixed Moving
Payment, "in lieu of' receiving a payment for Actual, Reasonable Moving and Related Expenses
and a Payment for Reestablishment Expenses. The Fixed Payment for a business or farm
operation is based on the average annual net earnings of the business or farm operation; the
Fixed Payment for a nonprofit organization is based on average annual gross revenues less
administrative expenses. A Fixed Payment will not be less than $1,000, nor more than $20,000.
Check with the Agency to see if you are eligible for this payment option.
The Agency will inform you as to your eligibility for this payment and the documentation you
must submit to support your claim.
Remember, when you elect to take this payment you are not entitled to reimbursement for any
other moving or reestablishment expenses.
Must I File A Claim For A Relocation Payment?
Yes. You must file a claim for a relocation payment. The Agency will, however, provide you
with the required claim form, help you to complete it, and explain the type of documentation that
you must submit in order to receive the payment.
All claims for relocation payments must be filed no later than 18 months after: For
tenants, the date of your move. For owners, the later of (1) the date of your move; or (2)
the date of final payment for the acquisition of your property. However, it is to your
advantage to file as soon as possible after you move. The sooner you submit your claim, the
sooner it can be processed and paid. If you are unable to file your claim within 18 months, ask
the Agency to consider extending this period.
You will be paid promptly after you file an acceptable claim. If there is any question regarding
your right to a relocation payment or the amount of the payment, you will be notified of the
problem in writing and the action you must take to resolve the matter.
If you must pay any relocation expenses before you move, discuss your needs with the Agency.
You should be able to obtain an advance payment. An advance payment may be placed in
"escrow" to ensure that the move will be comoleted on a timelv basis.
Will I Have To Pay Rent To The Agency Before I Move?
If the Agency acquires your property, you may be required to pay a fair rent to the Agency for
the period between the acquisition of the property and the date that you move. Such rent will
not exceed the market rent for comparable properties in the area.
Do I Have To Pay Federal Income Taxes On My Relocation Payments?
No. Section 216 of the URA states that you need not report relocation payments as part of your
gross income for Federal tax purposes. For information on State or local income taxes, you
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should check with the State or local income tax office in your area or with your personal tax
advisor.
If I Don't Receive The Required Assistance, Can I Appeal?
Yes. If you disagree with the Agency's decision as to your right to relocation assistance or the
amount of a payment, you may appeal the decision to the Agency. The Agency will inform you
of its appeal procedures. At a minimum, you will have 60 days to file your appeal with the
Agency after you receive written notification of the Agency's determination on your claim. Your
appeal must be in writing. However, if you need help, the Agency will assist you in preparing
your appeal.
If you are not satisfied with the Agency's final decision on your appeal, you may seek review of
the matter by the courts.
I Have More Questions. Who Will Answer Them?
If you have further questions after reading this booklet, contact the Agency and discuss your
concerns with the Agency representative.
Agency: The City of Miami
Address: 444 SW 2nd Avenue, 2 d Floor, Miami, FL 33130
Office Hours: Monday — Friday from 8 AM to 5 PM
Telephone Number: 305-416-2080
Person to Contact: Assistant Director of Housing/ designee
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RELOCATION ASSISTA�NTCE TO
PERSONS DISPLACED
FROM THEIR HOMES
(SECTION 104(4))
Introduction
U.S. Department of Housing
and Urban Development
Office of Community Planning
and Development
This booklet describes the relocation payments and other relocation assistance provided under
section 104(d) of the Housing and Community Development Act of 1974 (section 104(d)) to
eligible persons displaced from their homes. Persons eligible for assistance have the option of
declining the section 104(d) assistance and receiving assistance under the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (URA), if they decide that it
is in their best interest.
NOTE: Aliens not lawfully present in the United States are not eligible for URA relocation
assistance, unless such ineligibility would result in exceptional hardship to a qualifying spouse,
parent or child. A person seeking URA relocation assistance must certify that the person is a
United States citizen or national, or an alien lawfully present in the United States. (Section
104(d) assistance is not subject to this requirement.)
Eligibility
To be eligible for relocation assistance under section 104(d), you must be a lower-income
person (family or individual) and must move as a direct result of the "conversion" or
demolition of your dwelling unit for a project in which Federal Community Development Block
Grant (CDBG), Section 108 Loan Guarantee, or HOME Investment Partnerships funds are
used.
"Lower-income" means that your income does not exceed 80% of the median income for the
area as established by the U.S. Department of Housing and Urban Development (HUD).
Generally, "conversion" means that before the project, your unit had a "market rent" at or below
the HUD Fair Market Rent (FMR) standard, and, after the project, the market rent exceeds the
FMR, or the unit was converted to a nonresidential use. HUD determines the FMRs for use in
its programs. The levels vary by metropolitan area and by the size of the unit.
The Agency (identified at the back of this booklet) will determine whether you qualify as a lower-
income person and if your home will be demolished or "converted." If you do not qualify for
section 104(d) assistance, you may be eligible for relocation assistance under the URA.
Caution. If you are notified that you will be displaced, it is important that you do not move
before you learn what you must do to receive the relocation payments and other assistance to
which you are entitled.
This booklet may not answer all of your questions. If you have more questions about your
relocation, contact your Agency representative. (See name/ telephone number in the back of
this booklet.) Ask your questions before you move. Afterwards, it may be too late.
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Summary of Relocation Assistance
As an eligible tenant (or homeowner) displaced from your home, you will be offered the
following advisory and financial assistance:
Advisory Services (same under section 104(d) and URA). This includes referrals to
comparable and suitable replacement homes, the inspection of replacement housing to
ensure that it meets established standards, help in preparing claim forms for relocation
payments, counseling and other assistance to minimize the impact of the move.
Payment for Moving Expenses (same under section 104(d) and URA). You may
choose either a:
• Payment for Your Actual Reasonable Moving and Related Expenses,
• or
• Moving Expense and Dislocation Allowance, or
• a combination of both, based on circumstances.
■ Security Deposit (available under section 104(d) only, when required).
■ Interim Living Costs, when required.
Replacement Housing Assistance. To enable you to rent, or, if you prefer, to buy a
replacement home, you may choose either:
• Rental Assistance, or
• Purchase Assistance.
If you disagree with the Agency's decision as to the relocation assistance for which you are
eligible, you may appeal that decision.
Basic Questions and Answers
How Will I Know I Am Eligible For Relocation Assistance?
Any one of several actions can trigger eligibility for relocation assistance. Promptly after
eligibility is triggered, the Agency must provide you a written "Notice of Eligibility for Relocation
Assistance." To be certain of your eligibility, you should not move before receiving that notice.
If you do, you may not receive relocation assistance.
How Will The Agency Know How Much Help I Need?
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Will The Agency Help Me Find A Replacement Home?
Yes. You will be provided with referrals to housing that has been inspected to ensure that it
meets the established standards. if possible, you will be referred to at least three comparable
replacement homes. All comparable replacement homes must be available to you, and, with
the rental assistance for which you may qualify, they must be affordable to you. The maximum
financial assistance for which you may qualify will be based on the cost of the most
representative comparable replacement home. Promptly after you become eligible for
relocation assistance, the Agency will inform you of such unit and the maximum payment
available.
Once the Agency representative has a clear understanding of your needs and preferences, he
or she will work with you to assure that you are given the best possible choice of housing. You
will be offered appropriate transportation to inspect these units.
If you would like to move to government-owned housing or obtain a Housing Choice Voucher
(HCV), let the Agency representative know of your interest. Generally, an eligible displaced
person receives preference for such long term housing assistance. You will be given assistance
in completing any required application forms.
What If I Find My Own Replacement Housing?
You have every right to find your own replacement housing. However, before you rent or buy,
ask the Agency to inspect the unit to make sure that it is decent, safe, and sanitary. If the
housing unit is not decent, safe, and sanitary, you will not receive a replacement housing
payment.
What If I Encounter A Problem In Obtaining Housing Of My Choice?
If you encounter a problem in buying or renting housing of your choice, notify the Agency
immediately. The Agency will look into the matter and try to resolve it. You will receive this help
whether you were referred to the housing unit or found it yourself.
If you are unable to buy or rent a housing unit because of discriminatory practices on the part of
a real estate broker, rental agent, lender, or a property owner, the Agency will help you file a
formal housing discrimination complaint with the U.S. Department of Housing and Urban
Development or the appropriate State or local fair housing agency.
What Other Services Will I Receive?
In addition to help in obtaining a comparable replacement home, other assistance, as
necessary, will be provided in order to minimize the impact of your move. This assistance may
include referral to appropriate public and private agencies that provide services conceming
housing financing, employment, health, welfare, or legal assistance. The range of services
depends on the needs of the person being displaced. You should ask the Agency
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representative to tell you about the specific services that will be available to help you and your
family.
Pavment for'_NZoxima Expenses
To pay the cost of moving, you may choose either a payment for actual reasonable moving
and related expenses, or a moving expense and dislocation allowance, or a combination
of both, based on circumstances.
What Is A Payment For Actual Reasonable Moving And Related Expenses?
If you choose a Payment For Actual Reasonable Moving And Related Expenses, you may
include in your claim the reasonable and necessary costs for:
■ Transportation for you and your family.
■ Packing, moving and unpacking your household goods.
■ Disconnecting and reconnecting household appliances and other personal property
(examples: telephone and cable TV).
■ Storage of household goods, as may be necessary.
■ Insurance for the replacement value of your property during the move and necessary
storage.
■ The replacement value of property lost, stolen or damaged in the move (but not through
your neglect) if insurance is not reasonably available.
The Agency will explain all eligible moving costs, as well as those which are not eligible. You
must be able to account for any costs that you incur, so keep all your receipts. Select your
mover with care. The Agency can help you select a reliable and reputable mover.
You may elect to pay your moving costs yourself and be repaid by the Agency, or, if you prefer,
the Agency will pay the mover directly. In either case, let the Agency know before you move.
What Is A Moving Expense And Dislocation Allowance?
If you choose a Moving Expense and Dislocation Allowance, you will receive an allowance
which is normally based on the number of rooms of furniture you will be moving, as shown on a
schedule. The Agency has a copy of the schedule and will help you decide whether choosing
this allowance is in your best interest.
If you do not have a large amount of personal property to move, this payment should be more
advantageous. No special documentation is required to support your claim. You need only
move your personal property and complete the appropriate claim form in order to receive your
payment.
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Pavment for Rental Assistance
You may be eligible to receive rental assistance. If so, you may choose assistance under
section 104(d) or under the URA. For most lover -income tenants, the amount of assistance
provided under section 104(d) is greater.
Section 104(d) Rental Assistance.
If you are eligible, you will receive assistance based on estimated needs for a period of 60
months. The Agency may offer you that assistance in cash or under the HCV Program. The
Agency will tell you which option it is providing to you.
■ Cash Rental Assistance. A household's "need" for rental assistance is computed by
subtracting the highest of the following calculations from the rent and estimated average
monthly utility costs for your new home (or a comparable replacement home, if that cost
is lower):
1. 30 percent of the household's monthly adjusted income,
2. 10 percent of the household's monthly gross income, or
3. The welfare rent allowance (where designated).
That monthly need, if any, is multiplied by 60, to determine the total amount that you will
receive. This amount will be paid directly to you in monthly installments or other periodic
payments.
Example: Let's say that your family's adjusted monthly income is $600, and the monthly
rent and estimated average utility costs for the comparable replacement home to which
you move are $350. In this case, your monthly need would be $170 [$350 - $180 (30
percent of $600)]. Multiplying this amount by 60 results in $10,200 of rental assistance.
■ Housing Choice Voucher (HCV) (section 104(d)). You may be offered a HCV. If so,
you will also be referred to comparable replacement homes where the owner will accept
the voucher. If the rent and estimated average monthly utility costs for both the
comparable replacement home and the unit to which you relocate exceed the voucher
"payment standard," you will qualify for cash assistance to cover the gap for 60 months.
Advantages of HCV Assistance. The HCV assistance may continue for as long as you
have a need. Unlike cash assistance, HCV assistance is recomputed each year to
reflect changes in your income, rent or the cost of utilities. While cash assistance will
terminate at the end of 60 months, HCV assistance may continue to be available after
the 60 -month period ends if you still qualify as a lower-income person.
URA Rental Assistance.
URA rental assistance is computed by subtracting the "base monthly rent" for your present
home from the rent and average monthly cost of utilities for your new home (or a comparable
replacement home, if that cost is lower). That monthly need, if any, is multiplied by 42, to
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determine the total amount that you will receive. This amount will be paid directly to you in
monthly installments or other periodic payments. Generally, the base monthly rent for your
present home is the lesser of: (1) the monthly rent and average monthly cost for utilities, or
(2) thirty (30) percent of your income (if you are low-income based on HUD income limits).
Examples: Let's say that the monthly rent and average cost for utilities for your present home
are $250; the monthly rent and estimated average utility costs for a comparable replacement
home are $350; and your monthly gross income is $700. In this case, your "base monthly rent"
would be $210 because you are low-income and that amount (30 percent of your income) is
less than the monthly cost of rent and utilities at your present home ($250).
■ If you rent a replacement home for $360 per month, including estimated average
monthly utility charges, you will receive $5,880. That amount is 42 times $140 (the
difference between the "base monthly rent" for your present home ($210) and the cost
for a comparable replacement home ($350)).
If you rent a replacement home for $310, including estimated average monthly utility
charges, you will receive $4,200. That amount is 42 times $100 (the difference between
the "base monthly rent" for your present home ($210) and the actual cost of your new
home ($310)).
Purchase Assistance
If you buy, rather than rent, a replacement home, you may be eligible for assistance to make a
down payment. The amount depends on the type of housing that you buy. Section 104(d)
purchase assistance is limited to mutual housing and cooperative housing. If you wish to
purchase a house that is not mutual or cooperative housing, your purchase assistance would be
provided under the URA.
Section 104(d) Purchase Assistance.
If you buy a replacement home which is mutual or cooperative housing, you may be eligible for
assistance based on the present value of the monthly payments you would receive if you rented
a comparable replacement home for 60 months. Remember, the monthly payment is generally
determined by subtracting 30 percent of your adjusted income from the monthly rent and
estimated average monthly utility costs for a comparable replacement home.
Example: Assuming the information in the prior section 104(d) example and a 4 percent return
on passbook savings, the purchase assistance would be $9,231. Remember, your net monthly
contribution is $180, and the monthly rent and estimated average monthly cost of utilities for a
comparable replacement home total $350. The monthly difference is $170. The present value
of 60 monthly payments of $170, discounted at 4 percent, is $9,231. The full amount of the
payment must be applied to the purchase of the mutual or cooperative housing that you buy.
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URA Purchase Assistance for Renters
URA assistance to make a down payment is equal to the amount you would receive if you had
rented a comparable replacement home (42 times the amount obtained by subtracting the "base
monthly rent" for your present home from the monthly rent and estimated average monthly cost
of utilities for a comparable replacement home). Remember, URA assistance is not limited to
mutual housing or cooperatives.
Example: Assuming the information in the prior URA examples, the assistance for a down
payment would be $5,880. That amount is 42 times $140 (the difference between the "base
monthly rent" for your present home ($210) and the monthly rent and estimated average
monthly utility costs for a comparable replacement home ($350)). The full amount of the
payment must be applied to the purchase of your new home.
MORE QUESTIONS AND ANSWERS
Must I File A Claim To Obtain A Relocation Payment?
Yes. You must file a claim for each relocation payment. The Agency will, however, provide you
with the required claim form, help you to complete it, and explain the type of documentation, if
any, that you must submit in order to receive the payment.
If you must pay any relocation expenses before you move (for example, a security deposit when
you sign a lease for your new home), discuss your financial needs with the Agency. You should
be able to obtain an advance payment to meet these costs. An advance payment may be
placed in "escrow" or paid directly to a contractor to ensure that the move will be completed on
a timely basis.
You must file your claim within 18 months after the date you move. However, it is to your
advantage to file as soon as possible after you move. The sooner you submit your claim, the
sooner it can be processed and paid. Be careful not to confuse this 18 -month filing period with
the requirement that you must rent (or buy) and actually occupy a decent, safe and sanitary
replacement home within 12 months of the move. (If you are unable to occupy the replacement
home within 12 months or file your claim within 18 months after the move, ask the Agency to
extend this period.)
You will be paid promptly after you file an acceptable claim. If there is any question regarding
your right to a relocation payment or the amount of the payment, you will be notified, in writing,
of the problem and the action you may take to resolve the matter.
Will I Have To Pay Rent To The Agency Before I Move?
If the Agency acquires the property in which you live, you may be required to pay a fair rent to
the Agency for the period between the acquisition of the property and the date that you move.
Such rent will not exceed the market rent for comparable properties in the area.
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Do I Have To Pay Federal Income Taxes On My Relocation Payments?
No. You need not report relocation payments as part of your gross income for Federal tax
purposes. For information on State or local income taxes, you should check with the State or
local income tax office in your area or with your personal tax advisor.
If I Don't Receive The Required Assistance, Can I Appeal?
If you disagree with the Agency's decision as to your right to relocation assistance or the
amount of a payment, or the adequacy of the housing to which you have been referred, you
may appeal the decision to the Agency.
The Agency will inform you of its appeal procedures. At a minimum, you will have 60 days to
file your appeal with the Agency after your receive written notification of the Agency's
determination on your claim. Your appeal must be in writing. However, if you need help, the
Agency will assist you in preparing your appeal. If you are dissatisfied with the Agency's
determination on your appeal, you may request administrative review of that decision (by HUD
or the State). You can expect a fair decision on any appeal. However, if you are not satisfied
with the final administrative decision on your appeal, you may seek review of the matter by the
courts.
I Have More Questions. Who Will Answer Them?
If you have more questions after reading this booklet, contact the Agency and discuss your
concerns.
Agency: The City of Miami
Address: 444 SW 2nd Avenue, 2nd Floor, Miami, FL 33130
Office Hours: Monday — Friday from 8 AM to 5 PM
Telephone Number: 305-416-2080
Person to Contact: Assistant Director of Housing/ designee
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RELOCATION ASSISTANCE FOR
HO--NZEONV,NERS DISPLACED
UNDER THE UNIFORM ACT
Introduction
U.S. Department of Housing
and Urban Development
Office of Community Planning
and Development
This booklet describes the relocation payments and other relocation assistance provided under
the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended (URA) to most homeowners whose home is acquired by a public agency for a Federal
project or a project in which Federal funds are used.
To be eligible for the assistance described in this booklet, you must have owned and occupied
your home for at least 180 days before the Agency offered to buy it. If you have owned and
occupied your home for less than 180 days but for 90 days or more before the Agency offered
to buy it, you should refer to the HUD booklet entitled, "Relocation Assistance to Tenants
Displaced From Their Homes" for a summary of relocation assistance and payments for
which you may be eligible (if you have owned and occupied your home for less than 90 days,
you may still be eligible for relocation assistance, contact the Agency for additional information).
If you are notified that your home will be acquired and you will be displaced, it is important that
you do not move before you learn what you must do to receive the relocation payments and
other assistance to which you are entitled.
Pursuant to Public Law 105-117, aliens not lawfully present in the United States are not
eligible for relocation assistance, unless such ineligibility would result in exceptional
hardship to a qualifying spouse, parent, or child. All persons seeking relocation
assistance will be required to certify that they are a United States citizen or national, or
an alien lawfully present in the United States.
This booklet may not answer all of your questions. If you have more questions, contact the
Agency responsible for the project. (Check the back of this booklet for the name of the person
to contact at the Agency.) Ask your questions before you move. Afterwards, it may be too late.
Summary of Relocation Assistance
As an eligible displaced homeowner occupant, you will be offered the following advisory and
financial assistance:
Advisory Services. This includes referrals to comparable replacement homes, the inspection
of replacement housing to ensure that it meets established standards, help in preparing claim
forms for relocation payments and other assistance to minimize the impact of the move.
■ Payment for Moving Expenses. You may choose either a:
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Payment for Your Actual Reasonable Moving and Related Expenses, or
A Fixed Moving Payment, or
A combination of both, based on circumstances.
■ Replacement Housing Payment. To enable you to buy or, if you prefer, rent a
comparable replacement home, you may choose either:
Purchase Assistance, or
Rental Assistance.
If you disagree with the Agency's decision as to the relocation assistance for which you are
eligible, you may appeal that decision.
General Ouestions
Will I Be Paid For My Property Before I Have To Move?
If you reach an agreement to sell your property to the Agency, you will not be required to move
before you receive the agreed purchase price. If the property is acquired through an eminent
domain proceeding, you cannot be required to move before the estimated fair market value of
the property has been deposited with the court. (You should be able to withdraw this amount
immediately, less any amounts necessary to pay off any mortgage or other liens on the property
and to resolve any special ownership problems. Withdrawal of your share of the money will not
affect your right to seek additional compensation for your property.)
Will I Have To Pay Rent To The Agency Before I Move?
You may be required to pay a fair rent to the Agency for the period between the acquisition of
your property and the date that you move. The rent will not exceed that charged for the use of
comparable properties.
How Will I Know I Am Eligible For Relocation Assistance?
You should receive a written notice explaining your eligibility for relocation assistance. You will
become eligible for relocation assistance on the date you receive the Agency's written offer of
"just compensation" to purchase your home. You should not move before receiving that
purchase offer. If you do, you may not receive relocation assistance. For information about the
acquisition of your home, ask the Agency for a copy of the booklet, "When a Public Agency
Acquires Your Property."
How Wili The Agency Know How Much Help I Need?
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You will be contacted at an early date and personally interviewed by a representative of the
Agency to determine your relocation needs and preferences for replacement housing and
advisory services. The interviewer will ask certain questions about you and other members of
your household. It is to your advantage to provide the information so that the Agency can assist
you in moving with a minimum of hardship. The information you give will be kept in confidence.
How Soon Will I Have To Bove?
If possible, a mutually agreeable date for the move will be worked out. You will be given
enough time to make plans for moving. Unless there is a health or safety emergency, you will
not be required to move without at least 90 days advance written notice of (1) at least one
"comparable replacement home" that is available to you and (2) the earliest date by which you
must move.
What Is A Comparable Replacement Home?
A comparable replacement home is:
■ Decent, safe, and sanitary.
■ Functionally equivalent to your present home.
■ Actually available for you to buy.
■ Affordable.
■ Reasonably accessible to your place of employment.
■ Generally as well located with respect to public and commercial facilities, such as
schools and shopping, as your present home.
■ Not subject to unreasonable adverse environmental conditions.
■ Available to all persons regardless of race, color, religion, sex, or national origin.
What is Decent, Safe, and Sanitary Housing?
Decent, safe, and sanitary housing is housing that:
■ Meets local housing and occupancy requirements.
Additionally, it is housing that:
■ Is structurally sound, weather tight, and in good repair.
■ Contains a safe, adequate electrical wiring system.
■ Has adequate living space for the occupants.
■ Has a kitchen with a sink, hot and cold running water, and connections for a stove and
refrigerator.
■ Has a separate, complete bathroom with hot and cold running water and sewage
system.
■ Has heating as required by climatic conditions.
■ Has an unobstructed exit to safe, open space at ground level.
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Is free of any barriers that would preclude your reasonable use of the unit, if you are a
person with a physical disability.
Will The Agency Help Me Find A Replacement Home?
Yes. You will be provided with referrals to comparable replacement housing. If possible, you
will be referred to at least three comparable replacement homes. The maximum financial
assistance for which you may qualify will be based on the cost of the most representative
comparable replacement home that is available to you. When the Agency gives you its initial
written purchase offer, it will typically inform you at that time, or shortly thereafter, of your
eligibility for relocation assistance, identifying the most comparable replacement home and
explain the maximum amount of relocation assistance available to you.
Once the Agency representative has a clear understanding of your needs and preferences, he
or she will work with you to assure that you are given the best possible choice of housing and
offer you transportation to inspect these units.
If there is a mortgage on your present home, the Agency will refer you to lenders that can
provide mortgage financing for your new home. If the money paid for your old home is applied
to the purchase of your new home, there should not be any increase in the number or amount of
your monthly payments for mortgage interest and principal.
What If I Find My Own Replacement Housing?
You have every right to find your own replacement housing. However, before you buy or rent,
ask the Agency to inspect the unit to make sure that it is decent, safe, and sanitary. If the
housing unit is not decent, safe, and sanitary, you will not receive a replacement housing
payment.
What If I Encounter A Problem In Obtaining Housing Of My Choice?
If you encounter a problem in buying or renting housing of your choice, notify the Agency
immediately. The Agency will look into the matter and try to resolve it. You will receive this help
whether you were referred to the housing unit or found it yourself.
If you are unable to buy or rent a housing unit because of discriminatory practices on the part of
a real estate broker, rental agent, lender, or a property owner, the Agency will help you file a
formal housing discrimination complaint with the U.S. Department of Housing and Urban
Development or the appropriate State or local fair housing agency.
What Other Services Will I Receive?
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In addition to help in obtaining a comparable replacement home, other assistance, as
necessary, will be provided in order to minimize the impact of your move. This assistance may
include referral to appropriate public and private agencies that provide services concerning
housing financing, employment, health, welfare, or legal assistance. The range of services
depends on the needs of the person being displaced. You should ask the Agency
representative to tell you about the specific services that will be available to help you and your
family.
What is a Payment For Actual Reasonable Moving And Related Expenses?
You are entitled to a relocation payment to cover the actual reasonable cost of your move. If
you choose a Payment For Actual Reasonable Moving And Related Expenses, you may include
in your claim the reasonable costs for:
■ Transportation for you and your family.
■ Packing, moving and unpacking your household goods.
■ Disconnecting and reconnecting household appliances and other personal property
(e.g., telephone and cable TV).
■ Storage of household goods, as may be necessary.
■ Insurance for the replacement value of your property during the move and necessary
storage.
■ The replacement value of property lost, stolen or damaged in the move (but not through
your neglect) if insurance is not reasonably available.
The Agency will explain all eligible moving costs, as well as those which are not eligible. You
must be able to account for any costs that you incur, so keep all your receipts. Select your
mover with care. The Agency can help you select a reliable and reputable mover.
You may elect to pay your moving costs yourself and be repaid by the Agency or, if you prefer,
you may have the Agency pay the mover. In either case, let the Agency know before you move.
What Is A Fixed Moving Payment?
If you choose a Fixed Moving Payment, you will receive a payment based on the number of
rooms of furniture you will be moving, as shown on the Fixed Residential Moving Cost
Schedule. The Agency has a copy of the schedule and will help you decide whether choosing
this payment is in your best interest.
If you do not have an unusually large amount of personal property to move and are capable of
moving yourself, this payment should be more advantageous to you. No special documentation
is required to support your claim. You need only move your personal property and complete the
appropriate claim form in order to receive your payment.
I Want To Buy Another Home. How Much Purchase Assistance Will I Receive?
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To help you buy a comparable replacement home, you will receive Purchase Assistance equal
to the sum of the following three costs:
■ Purchase Price Differential. If the cost of replacement housing exceeds the amount
the Agency pays for your present home, you may be eligible for a payment to cover the
difference. The Agency will inform you in writing of the location and cost of comparable
replacement housing (and explain the basis of its determination) so that you will know in
advance how much assistance you may receive. That information should help you
decide how much you wish to pay for replacement housing.
You are free to purchase any decent, safe and sanitary housing unit of your choice. If the
purchase price is less than the cost of a comparable replacement home, the payment will be
limited to the actual difference. If it exceeds the cost of a comparable replacement home, the
payment will be based on the cost of a comparable home.
Examples: Let's say that the Agency pays $120,000 to purchase your home and that a
comparable replacement home costs $130,000.
❖ If you pay $129,000 for a replacement home, you would receive a $9,000 differential
payment (the difference between the Agency's payment for the acquisition of your home
and the cost of your replacement home).
❖ If you pay $132,000 for the replacement home, you would receive a $10,000 differential
payment (the difference between the Agency's acquisition payment and the cost of the
comparable replacement home).
Mortgage Interest Differential Payment. This amount covers the "present value" of
the additional costs required to finance the purchase of a replacement home that result if
the interest rate you must pay for a new mortgage is higher than the interest rate on the
mortgage on your present home. It also covers other debt service costs. The payment is
based on the lesser of: the mortgage balance on your present home or your new
mortgage amount. To be eligible, the mortgage on your home must have been a valid
lien for at least 180 days before the Agency's initial written purchase offer for your home.
You should provide the Agency with a copy of your mortgage(s) as soon as possible. Based on
that information and the prevailing terms and conditions of new mortgage financing, the Agency
will compute the approximate mortgage interest differential payment for which you will be
eligible, inform you of that amount and explain the conditions on which it is based. The payment
will be made available with the purchase price differential in a timely manner to reduce the
amount you must borrow to buy your new home.
■ Incidental Expenses. This amount covers those extra costs typically charged when
one buys real property, such as the cost of preparing the deed and recording fees; the
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cost of title insurance, revenue stamps and transfer taxes (not to exceed the cost for
comparable replacement housing); loan application, loan origination and appraisal fees;
the cost of a credit report; and for other costs such as certification of structural
soundness, home inspection and termite inspection. It does not cover prepaid expenses,
such as property taxes and insurance.
Remember, your total replacement housing payment is the sum of the purchase price
differential, mortgage interest differential, and incidental expenses.
To qualify for the payment, you must purchase and occupy a decent, safe and sanitary
replacement home within one year after the later of: the date you move or the date you receive
the final payment for the acquisition of your present home. However, the Agency will extend
this period for good cause.
If I Decide To Rent, Rather Than Buy, Another Home, How Much Assistance Will I Receive?
If you decide to rent rather than buy a replacement home, you may be eligible to receive Rental
Assistance. The assistance covers a 42 -month period and is computed in the following
manner.
The assistance needed for one month is based on the difference between the market rent for
your present home (including utilities), as determined by the agency, compared to a comparable
rental dwelling available on the market (including utilities). That monthly need, if any, is
multiplied by 42 to determine the total amount that you will receive. This amount will be paid
directly to you in monthly installments or other periodic payments.
Examples: Let's say that the monthly "market rent" and average cost for utilities for your
present home are $250 and the monthly rent and estimated average utility costs for a
comparable replacement home are $350.
❖ If you rent a replacement home for $360 per month, including estimated utility charges,
you will receive $4,200. That amount is 42 times $100 (the difference between the
market rent for your present home ($250) and the cost for a comparable replacement
home ($350)).
❖ If you rent a replacement home for $310, including estimated average monthly utility
charges, you will receive $2,520. That amount is 42 times $60 (the difference between
the "base monthly rent" for your present home ($250) and the actual cost of your new
home ($310)).
To qualify for rental assistance, you must rent and occupy a decent, safe, and sanitary home
within one year after the later of: the date you move or the date you receive the final payment
for the acquisition of your present home. However, the Agency will extend this period for good
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cause. The amount of rental assistance cannot exceed the computed purchase price
differential.
Must I File A Claim To Obtain A Relocation Payment?
Yes. You must file a claim for each relocation payment. The Agency will provide you with the
required claim forms, help you to complete them, and explain the type of documentation, if any,
that you must submit in order to receive your relocation payments.
If you must pay any relocation expenses before you move (e.g., a deposit when you contract for
the purchase of a new home), discuss your financial needs with the Agency. You will be able to
obtain an advance payment to meet these costs. An advance payment to purchase a home
may be placed in "escrow." An advance payment for moving expenses may be paid directly to
the moving contractor to ensure that the move will be completed on a timely basis.
You must file your claim within 18 months after the date you move or receive the final payment
for the acquisition of your present home. However, it is to your advantage to file as soon as
possible after you move. The sooner you submit your claim, the sooner it can be processed
and paid. If you are unable to file your claim within 18 months, ask the Agency to extend this
period.
Be careful not to confuse this 18 -month period with the 12 -month period within which you must
buy or rent and occupy a replacement dwelling in order to be eligible for a replacement housing
payment.
You will be paid promptly after you file an acceptable claim. If there is any question regarding
your right to a relocation payment or the amount of the payment, you will be notified, in writing,
of the problem and the action you may take to resolve the matter.
Do I Have To Pay Federal Income Taxes On My Relocation Payments?
No. Section 216 of the URA states that you need not report relocation payments as part of your
gross income for Federal tax purposes. For information on State or local income taxes, you
should check with the State or local income tax office in your area or with your personal tax
advisor.
What If I Don't Receive The Required Assistance. Can I Appeal?
If you disagree with the Agency's decision as to your right to relocation assistance or the
amount of a payment, or the adequacy of the housing to which you have been referred, you
may appeal the decision to the Agency.
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RELOCATION ASSISTANCE FOR
TENA_NTTS DISPLACED FROM
THEIR HOMES UNDER
THE UNIFORM ACT
Introduction
U.S. Department of Housing
and Urban Development
Office of Community Planning
and Development
This booklet describes the relocation payments and other relocation assistance provided under
the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended (URA) to tenants displaced from their homes. This includes any family or individual
that must move as a direct result of rehabilitation, demolition or acquisition for a project in which
Federal funds are used.
If you are notified that you will be displaced, it is important that you do not move before you
learn what you must do to receive the relocation payments and other assistance to which you
are entitled.
Pursuant to Public Law 105-117, aliens not lawfully present in the United States are not
eligible for relocation assistance, unless such ineligibility would result in exceptional
hardship to a qualifying spouse, parent, or child. All persons seeking relocation
assistance will be required to certify that they are a United States citizen or national, or
an alien lawfully present in the United States.
This booklet may not answer all of your questions. if you have more questions about your
relocation, contact the Agency responsible for the project. (Check the back of this booklet for
the name of the person to contact at the Agency.) Ask your questions before you move.
Afterwards, it may be too late.
Summary of Relocation Assistance
As an eligible tenant displaced from your home, you will be offered the following advisory and
financial assistance:
■ Advisory Services. This includes referrals to comparable and suitable replacement
homes, the inspection of replacement housing to ensure that it meets established
standards, help in preparing claim forms for relocation payments and other assistance to
minimize the impact of the move.
■ Payment for Moving Expenses. You may choose either a:
• Payment for Your Actual Reasonable Moving and Related Expenses, or
* Fixed Moving Expense and Dislocation Allowance, or
• A combination of both, based on circumstances.
■ Replacement Housing Assistance. To enable you to rent, or if you prefer, buy a
comparable or suitable replacement home, you may choose either:
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• Rental Assistance. or
• Purchase Assistance.
If you disagree with the Agency's decision as to the relocation assistance for which you are
eligible, you may appeal that decision.
General Questions
How Will I Know I Am Eligible For Relocation Assistance?
You should receive a written notice explaining your eligibility for relocation assistance. You
should not move before receiving that notice. If you do, you may not receive relocation
assistance.
How Will The Agency Know How Much Help I Need?
You will be contacted at an early date and personally interviewed by a representative of the
Agency to determine your relocation needs and preferences for replacement housing and
advisory services. The interviewer will ask certain questions about you and other members of
your household, including questions about your income. It is to your advantage to provide the
information so that the Agency can assist you in moving with a minimum of hardship. The
information you give will be kept in confidence.
How Soon Will I Have To Move?
If possible, a mutually agreeable date for the move will be worked out. You will be given
enough time to make plans for moving. Unless there is a health or safety emergency, you will
not be required to move without at least 90 days advance written notice of (1) at least one
"comparable replacement home" that is available to you and (2) the earliest date by which you
must move.
What Is A Comparable Replacement Home?
A comparable replacement home is:
■ Decent, safe, and sanitary.
■ Functionally equivalent to (and equal or better than) your present home.
■ Actually available for you to rent.
■ Affordable.
■ Reasonably accessible to your place of employment.
■ Generally as well located with respect to public and commercial facilities, such as schools
and shopping, as your present home.
■ Not subject to unreasonable adverse environmental conditions.
■ Available to all persons regardless of race, color, religion, sex, or national origin.
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What is Decent, Safe, and Sanitary Housing?
Decent, safe, and sanitary housing is housing that:
• Meets applicable housing and occupancy requirements.
■ Is structurally sound, weather tight, and in good repair.
• Contains a safe, adequate electrical wiring system.
■ Has adequate living space for the occupants.
■ Has a kitchen with a sink, hot and cold running water, and connections for a stove and
refrigerator (if you were displaced from a housekeeping unit).
■ Has a separate, complete bathroom with hot and cold running water.
■ Has heating as required by climatic conditions.
■ Has an unobstructed exit to safe, open space at ground level.
■ Meets standards protecting occupants from lead-based paint hazards.
■ If you are person with a physical disability, is free of any barriers which would preclude
your reasonable use of the unit.
Will The Agency Help Me Find A Replacement Home?
Yes. You will be provided with referrals to housing that has been inspected to ensure that it
meets established standards. If possible, you will be referred to at least three comparable
replacement homes. The maximum financial assistance for which you may qualify will be based
on the cost of the most representative comparable replacement home that is available to you.
Promptly after you become eligible for relocation assistance, the Agency will inform you of such
unit and the maximum payment available.
Once the Agency representative has a clear understanding of your needs and preferences, he
or she will work with you to assure that you are given the best possible choice of housing. The
Agency will offer you appropriate transportation to inspect these units.
If you would like to move to government-owned housing or obtain a Housing Choice Voucher
(HCV) let the Agency representative know of your interest. Generally, an eligible displaced
person receives preference for such long term housing assistance. You will be given assistance
in completing any required application forms.
What If I Find My Own Replacement Housing?
You have every right to find your own replacement housing. However, before you rent or buy,
ask the Agency to inspect the unit to make sure that it is decent, safe, and sanitary. If the
housing unit is not decent, safe, and sanitary, you will not receive a replacement housing
payment.
What If I Encounter A Problem In Obtaining Housing Of My Choice?
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If you encounter a problem in buying or renting housing of your choice, notify the Agency
immediately. The Agency will look into the matter and try to resolve it. You will receive this help
whether you were referred to the housing unit or found it yourself.
If you are unable to buy or rent a housing unit because of discriminatory practices on the part of
a real estate broker, rental agent, lender, or a property owner, the Agency will help you file a
formal housing discrimination complaint with the U.S. Department of Housing and Urban
Development or the appropriate State or local fair housing agency.
What Other Services Will I Receive?
In addition to help in obtaining a comparable replacement home, other assistance, as
necessary, will be provided in order to minimize the impact of your move. This assistance may
include referral to appropriate public and private agencies that provide services concerning
housing financing, employment, health, welfare, or legal assistance. The range of services
depends on the needs of the person being displaced. You should ask the Agency
representative to tell you about the specific services that will be available to help you and your
family.
What Is a Payment For Actual Reasonable Moving and Related Expenses?
You may choose to receive a relocation payment to cover the reasonable cost of your move. If
you choose a Payment For Actual Reasonable Moving And Related Expenses, you may include
in your claim the reasonable and necessary costs for:
■ Transportation for you and your family.
■ Packing, moving and unpacking your household goods.
■ Disconnecting and reconnecting household appliances and other personal property
(e.g., telephone and cable TV).
■ Storage of household goods, as may be necessary.
■ Insurance for the replacement value of your property during the move and necessary
storage.
■ The replacement value of property lost, stolen or damaged in the move (but not through
your neglect) if insurance is not reasonably available.
The Agency will explain all eligible moving costs, as well as those which are not eligible. You
must be able to account for any costs that you incur, so keep all your receipts. Select your
mover with care. The Agency can help you select a reliable and reputable mover.
You may elect to pay your moving costs yourself and be repaid by the Agency or, if you prefer,
you may have the Agency pay the mover. In either case, let the Agency know before you move.
What Is A Fixed Moving Expense And Dislocation Allowance?
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If you choose a Fixed Moving Expense and Dislocation Allowance, you will receive an
allowance which is based on the number of rooms in your home or the number of rooms of
furniture you will be moving, as shown on a schedule. The Agency has a copy of the schedule
and will help you decide whether choosing this allowance is in your best interest.
If you do not have a large amount of personal property to move, this payment should be more
advantageous. No special documentation is required to support your claim. You need only
move your personal property and complete the appropriate claim form in order to receive your
payment.
How Much Rental Assistance Will I Receive?
You may be eligible to receive Rental Assistance for a 42 -month period. The assistance is
computed in the following manner:
The assistance needed for one month is determined by subtracting the "base monthly rent" for
your present home from the cost of rent and utilities for your new home (or a comparable
replacement home, if that cost is lower). That monthly need, if any, is multiplied by 42, to
determine the total amount that you will receive. This amount will be paid directly to you. The
Agency must provide the assistance in monthly installments or other periodic payments.
Generally, the base monthly rent for your present home is the lesser of: (1) the monthly rent and
average monthly cost for utilities, or (2) thirty (30) percent of your average monthly gross
household income, if you are low-income based on HUD income limits.
Examples: Let's say that the monthly rent and average cost for utilities for your present home
are $250; the monthly rent and estimated average utility costs for a comparable replacement
home are $350; and your monthly gross income is $700. In this case your "base monthly rent"
would be $210 because you are low-income and that amount (30 percent of your income) is less
than the monthly cost of rent and utilities at your present home ($250).
■ If you rent a replacement home for $360 per month, including estimated average monthly
utility charges, you will receive $5,880. That amount is 42 times $140 (the difference
between the "base monthly rent" for your present home ($210) and the cost for a
comparable replacement home ($350)).
■ If you rent a replacement home for $310, including estimated average monthly utility
charges, you will receive $4,200. That amount is 42 times $100 (the difference between
the "base monthly rent" for your present home ($210) and the actual cost of your new
home ($310)).
To qualify for rental assistance, you must rent and occupy a decent, safe, and sanitary home
within one year after the date you move. However, the Agency will extend this period for good
cause.
If I Decide to Buy, Rather Than Rent, How Much Assistance Will I Receive?
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If you buy a replacement home, you may be eligible for assistance to make a down payment
equal to the amount you would receive if you rented a comparable replacement home (i.e., 42
times the amount obtained by subtracting the "base monthly rent" for your present home from the
monthly rent and estimated average monthly utility costs for a comparable replacement home). A
down payment assistance payment will be paid in a lump sum.
Example: Assuming the information in the prior examples, the downpayment assistance
payment would be $5,880. That amount is 42 times $140 (the difference between the "base
monthly rent" for your present home ($210) and the monthly rent and estimated average monthly
utilities cost for a comparable replacement home ($350). The full amount of the payment must be
applied to the purchase of the replacement dwelling.
Must I File A Claim To Obtain A Relocation Payment?
Yes. You must file a claim for each relocation payment. The Agency will, however, provide you
with the required claim form, help you to complete it, and explain the type of documentation, if any,
that you must submit in order to receive the payment.
If you must pay any relocation expenses before you move (e.g., a security deposit when you sign a
lease for your new home), discuss your financial needs with the Agency. While refundable
deposits are not covered by URA payments, you may be able to obtain an advance payment to
meet these costs. An advance payment may be placed in "escrow" or paid directly to a contractor
to ensure that the move will be completed on a timely basis.
You must file your claim within 18 months after the date you move. However, it is to your
advantage to file as soon as possible after you move. The sooner you submit your claim, the
sooner it can be processed and paid. If you are unable to file your claim within 18 months, ask the
Agency to extend this period.
Be careful not to confuse this 18 -month period with the 12 -month period within which you must rent
(or buy) and occupy a replacement dwelling in order to be eligible for a replacement housing
payment.
You will be paid promptly after you file an acceptable claim. If there is any question regarding your
right to a relocation payment or the amount of the payment, you will be notified, in writing, of the
problem and the action you may take to resolve the matter.
Will I Have To Pay Rent To The Agency Before I Move?
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If the Agency acquires the property in which you live, you may be required to pay a fair rent to the
Agency for the period between the acquisition of the property and the date that you move. Such
rent will not exceed the market rent for comparable properties in the area.
Do I Have To Pay Federal Income Taxes On My Relocation Payments?
No. Section 216 of the URA states that you need not report relocation payments as part of your
gross income for Federal tax purposes. For information on State or local income taxes, you should
check with the State or local income tax office in your area or with your personal tax advisor.
What If I Don't Receive The Required Assistance. Can I Appeal?
If you disagree with the Agency's decision as to your right to relocation assistance or the amount of
a payment, or the adequacy of the housing to which you have been referred, you may appeal the
decision to the Agency.
The Agency will inform you of its appeal procedures. At a minimum, you will have 60 days to file
your appeal with the Agency after you receive written notification of the Agency's determination on
your claim. Your appeal must be in writing. However, if you need help, the Agency will assist you
in preparing your appeal.
If you are a low- or moderate -income person and are dissatisfied with the Agency's determination
on your appeal, you may have an additional right to request administrative review of that decision
(e.g., by HUD or the State).
You can expect a fair decision on any appeal. However, if you are not satisfied with the final
administrative decision on your appeal, you may seek review of the matter by the courts.
I Have More Questions. Who Will Answer Them?
If you have further questions after reading this booklet, contact the Agency and discuss your
concerns with an Agency representative.
Agency: The City of Miami
Address: 444 SW 2nd Avenue, 2nd Floor, Miami, FL 33130
Office Hours: Monday — Friday from 8 AM to 5 PM
Telephone Number: 305-416-2080
Person to Contact: Assistant Director of Housing/ designee
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Cit} of Miami — Department of Community Development
Optional Relocation Assistance Policy
Optional Relocation Assistance Policy
NVHEREAS, the City of Miami ("Cite'') has allocated Community Development Block Grant ("CDBG")
and/ or State Housing Initiative Partnership ("SHIP") program funds for the purpose of providing temporary
emergency housing assistance to homeowners and residential tenants within the Cin -'s jurisdiction in
compliance with eligible activity requirements, as adopted by the City. of the CDBG and SHIP programs.
WHEREAS, CDBG and/ or SHIP funds may be used for optional relocation payments and assistance to
persons who are displaced or temporarily relocated by an activity, and where such relocation assistance
payments qualify on the basis of the cause of the displacement, and where the income of the applicant/
recipient is determined to meet the income and qualification criteria of this policy and,
WHEREAS, the City deems it is in the best interest of homeowners and residential tenants to develop a
written Optional Relocation Assistance Policy ("Policy') to provide limited advisory services, and housing
and/ or move assistance to homeowners and/ or residential tenants, who must move for temporary periods of
time, or who are made to move permanently, now,
THEREFORE, be it resolved by the City that the advisory services and housing and move assistance be
made available under this Policy to the degree and extend described, and subject to the criteria and
requirements stated herein,
I. Persons who are Eligible to Apple:
Homeowners or residential tenants who are forced to move either permanently or temporarily due to
unsafe housing caused as a result of fire, man-made catastrophic event, natural disaster, or weather-
related circumstances.
Homeowners or residential tenants who are forced to move either permanently or temporarily as a
result of condemnation of the dwelling unit by either the City's or County's building department and/
or fire department due to unforeseen fire, man-made catastrophic event, natural disaster, or weather-
related circumstances.
Families in dwelling units cited for lack of compliance to the City's minimum standards code, building code
or fire prevention code, for which the property owner was notified and/ or has a legal responsibility to the
renting family are inelie ble to apply.
Additional Eligibility Requirements
An eligible person/ household must be a US citizen or an alien lawfully residing in the United States.
An eligible person/ household must have been a resident of the City of Miami for a period of no less
than six (6) months prior to the displacement event.
Annual household income must not be greater than 80% of the median area annual income.
54
The Cin- has designated the Department of Communing Development's Assistant Director of Housing as the
contact to answer questions regarding this Optional Relocation Assistance Policy.
II. Availability of Fundin6 and Ranking Criteria
Homeowners and/ or residential tenants who meet the eligibility conditions may be entitled to the monetary
assistance outlined in this Policy under the following conditions:
■ Monetary assistance described in this Policy may be available to approved applicants if the City has
funds obligated and currently available specifically for this Policy.
■ If funds are available, approved applicants will be assisted in the order that they are approved (date
of approval).
■ If funds are not available, approved applicants will be assisted in the order that they are approved
(date of approval) only if funding is made available within 90 days of the date the City approves the
application.
■ If the City is unable to issue an award of assistance within this 90 -day period, the applicant's
application will not be retained for funding.
■ Unfunded applicants, who are still eligible to receive such assistance and still wish to receive
assistance under this Policy, must re -submit their application for consideration.
III. General Description of Application and Administration Process
Homeowners and/ or residential tenants who apply for assistance under this Policy must follow and comply
with the City's application, administrative, and record keeping process:
a. Upon notification of probable displacement by Code Enforcement or upon request for assistance by a
person who has moved, or must move, due to fire, man-made catastrophic event, natural disaster, or
weather-related damage to their home, the City may refer the family or individual to the Department
of Community Development.
b. Residential applicants will then be interviewed, and if they appear to comply with the eligibility
criteria of this Policy, the City may ask that the homeowner or residential tenant complete an
application for assistance.
c. Residential applicants who apply for advisory services, housing, or move assistance under this Policy
may be required, as appropriate to:
L Complete a needs assessment including housing cost and utility- related information, and
housing occupancy and mobility needs.
ii. Resident must provide proof of residency which may include copies of a lease, utility bills,
driver license, or voter registration card.
iii. Show proof of age which may include a driver license, Social Security documents, birth
certificate, or other documents the City may request.
55
iv. Provide income information as deemed necessan� and appropriate, that might include tax
records. pay stubs. Social Security award documents. or other income -related information
the City may request-.
N". Obtain statements. notarized if requested. regarding information submitted and claims made
in the applicant's application.
vi. Submit to the City, if and/ or when requested. any invoices, vouchers, bills, or receipts to
document costs.
vii. All assistance received related to the displacement event, including but not limited to
insurance, other public assistance, the Federal Emergency Management Agency (FEMA),
civil action proceeds, and donations by public and public entities must be disclosed.
d. Once all required information is on file, the City will approve or reject the applicant's request for
assistance.
e. Notices of Award will be issued in accordance with the order of the applications' approval dates.
£ If an applicant is determined by the City to be eligible for financial assistance under this Policy, the
City will determine if funding is available in accordance with the Availability of Funding criteria
outlined in section II.
g. If the applicant's request for assistance is not approved, or was approved but funding did not become
available within the 90 -day period, the City will issue a Notice of Application Status to advise the
applicant that their application for assistance is not approved at this time.
IV. General Approved Applicant Administration Process
Homeowners and/ or residential tenants who are approved for assistance under this Policy must follow and
comply with the City's administrative process and recordkeeping requirements:
a. If the applicant's request for assistance is not approved, or was approved but funding did not become
available within the 90 -day period, the City will issue a Notice of Application Status to advise the
applicant that their application for assistance is no longer being considered.
b. If funding is available in accordance with section II, a Notice of Award will be issued to advise the
applicant that their application for assistance has been approved.
c. If the applicant accepts the City's offer for assistance by executing the Acceptance Certification
section on the Notice of Award, and then returns the Notice of Award to the City to document the
applicants' acceptance of the terms and conditions of the Policy, the City will commence providing
the assistance outlined in this Policy
d. When financial assistance is to be provided, the City will disburse financial assistance payments to
the appropriate party within the limits set, for the eligible items specified and approved, and within a
timely manner.
3 Due to the nature of events likely to cause displacement, in many occasions, immediate access to documentation
many not be available or may have been destroyed. The City will accept affidavits during the initial intake process,
and will provide, if appropriate, monetary assistance for a period of up to 30 days. After 30 days, it will be
necessary for the assisted household to acquire replacement documentation to ensure compliance and continue
receiving assistance.
56
V. General DescrilAon of AdAsory Services
Homeowners and/ or residential tenants who meet the above eligibility criteria and income requirements, and
who are issued a Notice of Award. «ill be eligible for the following assistance:
a. Housing Advisory services and assistance in locating temporary or permanent replacement housing,
and other advisory services the City deems appropriate.
b. Inspection of the replacement housing to ensure that it conforms to established standards.
c. Eligible applicants may be provided monetary assistance under this Policy within the limits set, and
for the eligible items specified and approved.
VI. AdAsory Services and Financial Assistance Available
Homeowners and/ or residential tenants who meet the above eligibility criteria and income requirements, and
who are issued a Notice of Award, will be eligible for the following financial assistance:
Moves Caused by Man -Made. Natural, or Weather -Related Disasters — Homeovmers or Tenants. and
Housing Advisory Services — The City will provide reasonable assistance in helping homeowners and
tenants locate a replacement dwelling unit. All temporary or permanent housing must be determined by the
City to be in decent, safe, and sanitary condition to qualify for housing or move assistance payment under
this part.
Housing Assistance Payment — Homeowners or tenants who are forced to move from unsafe housing as a
result of hazardous conditions caused by natural, man-made, and/ or weather-related disasters, or tenants who
are forced to move from unsafe housing due to condemnation or code enforcement/ fire prevention, will be
eligible for:
1. Either an "immediate" hotel housing payment assistance up to 30 days (re -authorization of such
expenses will be required on a weekly basis.), OR
2. The first six (6) month's rent for a permanent replacement housing unit. Financial housing assistance
is computed in the following manner
a. The assistance needed for one month is determined by subtracting the base monthly rent
residence from which the family was displaced, from the cost of rent and utilities of the
comparable replacement home. That monthly need, if any, is multiplied by 6, to determine
the total amount that the family will receive. This amount may be paid directly to the family,
or directly to the lessor, as the City determines it to be more appropriate. The City will
provide the assistance in monthly installments or other periodic payments. Generally, the
base monthly rent for the residence from which the family was displaced is the lesser of (1)
the monthly rent and average monthly cost for utilities, or (2) thirty (30) percent of your
average monthly gross household income., OR
3. Replacement housing assistance, to enable the household, if eligible, to buy a comparable or suitable
replacement home within the City of Miami. The amount of assistance shall be the equivalent of the
total payment under item 2 above.
4. All monetary assistance is in the form of the grant; unless otherwise specified.
57
Move Assistance Payment — A move assistance payment. based on either direct moving expenses or a fixed
payment based on the number of rooms of furniture a resident has that must be moved, excluding bathrooms.
closets, and hallways, will be available to eligible applicants to assist them in moving their personal property_
from the unsafe unit. The move schedule payment adopted by the City is included here:
.41:
of rooms One room Two rooms Three rooms Four rooms Five rooms Six rooms Seven rooms Eight rooms
Amount I 5300 I 5375 I 5450 5525 5600 I 5675 I $750 I 5825
** Families relocating outside the City of Miami are not eligible for the program.
Storage of Property Payment — If determined necessary by the City. storage of personal property is allowed
for a period of 6 months, but not to exceed $ 1500.
Return Move Assistance Payment — A move assistance payment, based on either direct moving expenses
or a fixed payment based on the number of rooms of furniture a resident has that must be moved, excluding
bathrooms, closets, and hallways, will be available to assist temporarily relocated residents to return to their
repaired and safe dwelling, or to move to a permanent replacement housing unit. The Return Move schedule
payment adopted by the City is included here:
# of rooms
One room
T«,o rooms
Three rooms
Four rooms
Five rooms
Six rooms
Seven rooms
Eight rooms
Amount
$300
$375
$450
$525
$600
$675
$750
$825
Meal Stipend — If determined necessary by the City, when temporary accommodation is provided at a
location without cooking facilities, families will be provided a daily stipend for household members of $30/
adult and $20/ child.
58
City of Miami — Department of Community Development
Optional Relocation Assistance Policy
Definitions:
Decent. Safe. and Sanitary housing:
■ Meets applicable housing and occupancy requirements.
■ Is structurally sound, weather tight. and in good repair.
■ Contains a safe. adequate. electrical «siring system.
■ Has adequate living space for the occupants.
• Has a kitchen with a sink, hot and cold running water, and connections for a stove and
refriaerator.
■ Has a separate, complete bathroom with hot and cold running water.
■ Has heating as required by climatic conditions.
■ Has an unobstructed exit to safe, open space at around level.
■ Meets standards protecting occupants from lead-based paint hazards.
■ If the family has any member with a physical disability, is free of any barriers which would
preclude reasonable use of the unit.
■ Located within the City of Miami.
A comparable replacement home must be:
■ Decent, safe, and sanitary
■ Functionally equivalent to (equal or better than) the residence from which the family was
displaced.
■ Immediately available for rent.
■ Affordable.
■ Reasonably accessible to the family's primary place of employment and/or school.
■ Generally is well located, with respect to public and commercial facilities such as schools and
shopping, as the residence from which the family was displaced.
■ Not subject to unreasonable adverse environmental conditions.
■ Available to all persons regardless of race, color, religion, sex, or national origin.
■ Located within the City of Miami.
59
City of Miami — Department of Community Development
Optional Relocation Assistance Policy
Optional Relocation Assistance Policy
Exhibits
1. Exhibit A
— Letter to Potential Applicant
2. Exhibit B
— Notice of Acceptance
3. Exhibit C
— Notice of Award
4. Exhibit D
— Acceptance Certification
5. Exhibit E — Request for Move Assistance Payment
6. Exhibit F —
Request for Return Move Payment
7. Exhibit G
— Request for Replacement Housing Payment - Homeowner
8. Exhibit H
— Request for Replacement Housing Payment - Tenant
9. Exhibit I —
Need Assessment and Application for Assistance
10. Exhibit J—
General Verification of Information and Data
11. Exhibit K
— Residential Relocation Information
12. Exhibit L — Financial Assistance Claim
13. Exhibit M
— Financial Assistance Payment Record
N
City of Miami — Department of Community Development
Optional Relocation Assistance Polic\-
Exhibit A
Letter to Potential Applicant
Optional Relocation Policy
Date:
Dear
The City of Miami has established an Optional Relocation Assistance Policy ("Policy') to assist residents
who are required to move either permanently or temporarily due to unsafe housing caused as a result of fire,
man-made catastrophic event, natural disaster, or weather-related circumstances.
A copy of this Policy is at the City of Miami, Department of Community Development for you your review.
This Policy explains and clarifies the assistance that might be available to approved applicants who were or
will be forced to move as a result of one of the above listed reasons. Residential applicants who do apply for
assistance under this Policy may be required, as appropriate too:
i. Complete a needs assessment including housing cost and utility- related information, and
housing occupancy and mobility needs.
ii. Resident must provide proof of residency which may include copies of a lease, utility bills,
driver license, or voter registration card.
iii. Show proof of age which may include a driver license, Social Security documents, birth
certificate, or other documents the City may request.
iv. Provide income information as deemed necessary and appropriate, that might include tax
records, pay stubs, Social Security award documents, or other income -related information
the City may request.
V. Obtain statements, notarized if requested, regarding information submitted and claims made
in the applicant's application.
vi. Submit to the City, if and/ or when requested, any invoices, vouchers, bills, or receipts to
document costs.
4 Due to the nature of events likely to cause displacement, in many occasions, immediate access to documentation
many not be available or may have been destroyed. The City will accept affidavits during the initial intake process,
and will provide, if appropriate, monetary assistance for a period of up to 30 days. After 30 days, it will be
necessary for the assisted household to acquire replacement documentation to ensure compliance and continue
receiving assistance.
61
Homeowners and/ or residential tenants who meet the above eligibilitti7 criteria and income requirements. and
«ho are issued a Notice of Award. will be eligible for the follow ina assistance:
a. 'W -hen possible. the City may assist an applicant in locating additional services available in the
community.
b. Eligible applicants may be referred to other agencies for monetary assistance and/ or other
humanitarian or social services.
c. Housing Advisory services and assistance in locating temporary or permanent replacement housing,
and other advisory services the City deems appropriate.
d. Eligible applicants may be provided monetary assistance under this Policy within the limits set, and
for the eligible items specified and approved. Financial assistance Might include one or more of the
following:
• Housing Assistance Payment(s)
• Move Assistance Payment
• Return Move Assistance Payment
• Storage of Personal Property Payment
The City has designated the contact person listed here to work with residents who are interested in applying
for assistance under this Policy. If you would like to learn more about the assistance available under this
Policy, and/ or wish to apply for that assistance, please call or write to the City of Miami to the following
address:
City of Miami — Department of Community Development
Attn.: Assistant Director of Housing
444 SW 2 Avenue, 2 Floor
Miami, FL 33130
Sincerely,
Director
Department of Community Development
62
Exhibit S
Notice of Acceptance
Homeowners and Residential Tenants
Optional Relocation Policy
Date:
Dear
Thank you for your application requesting assistance under the City's Optional Relocation
Assistance Policy ("Policy"). The City is pleased to advise you that your request for assistance, along with
the support documents that you provided, was reviewed and approved on for funding
consideration under this City -approved Policy.
As outlined in this Policy, an approved application that does not receive funding within 90 days will
become inactive. Since funding is not available at this time, your application has been placed in active status
pending available funding. If funding does not become available on or before , which is 90
days from the date your application was approved, your application will become inactive and no longer
eligible for funding. If funding does become available within that 90 -day period, the City will issue you a
Notice of Award.
If you have any questions or concerns, please contact the Assistant Director of Housing at 305-416-2080.
Sincerely,
Director,
Department of Community Development
63
City of Miami — Departrnent of Communin- Development
Optional Relocation assistance Police
Exhibit C
Notice of Award
Homeowners and Residential Tenants
Optional Relocation Policy
Date:
Dear
Thank you for your application requesting assistance under the City's Optional Relocation
Assistance Policy ("Policy'). The City is pleased to advise you that your request for assistance, along with
the support documents you provided, was reviewed and approved on and funding for your
request is available at this time.
To obtain the assistance offered to you under the City's Policy, you must sign and return the
attached Acceptance Certification m ithin 30 days of the date of this letter.
If you have any questions or concerns, please contact the Assistant Director of Housing at 305-416-2080.
Sincerely,
Director,
Department of Community Development
Attachment
64
Exhibit D
Acceptance Certification
Homeowners and Residential Tenants
Optional Relocation Police
REMINDER: To obtain the assistance offered to you (the applicant) under the City's Policy, you must
sign and return this Acceptance Certification within 30 days of the date of the City's Notice of Award
letter that transmitted this Acceptance Certification.
Applicant:
Address:
In accordance to the Notice of Award dated , and offered assistance under the
City's Optional Relocation Assistance Policy ("Policy"), I hereby agree with the terms and conditions of that
Policy, and requests that the assistance offered to me/ my household be provided for the purposes and
reasons related to my move as identified in the Notice of Award that transmitted this Notice of Acceptance.
I further affirm that I will respond, as soon as possible, to all requests made by the City of Miami. I
understand that by doing so the assistance I hope to obtain might be provided in a timely manner.
Acceptance Certification,
Signature of Applicant
Date
Mi"
Exhibit E
Request for'_Ytove Assistance Payment
Homeowners and Residential Tenants
MONS FOR CAUSE
Optional Relocation Policy
Name:
Telephone No.
Present or Future Residence Address (Street Address, City, State, Zip Code)
Did All Members of the Household Move to the Same Address? YES NO
(if NO, provide name and address for those members)
Address you Moved From Date Moved No. of Rooms of
Furniture
CERTIFICATION: This is to certify that I have read and understand the City's Optional Relocation
Assistance Policy and do hereby request assistance under this Policy to move my rooms of property
from the unit, which was affected by a cause covered under the City's Policy. On
I will move (or did move) from this property as a result of that cause, and I will move (or did move) to the
address shown above. I understand that the purpose of this payment is to assist me with moving from my
home due to the unsafe condition of my home.
It is my intention to: ❑ Return ❑ Not Return (check one) — to the property if it can be, and is, repaired.
Signature of Homeowner or Tenant Date
Signature of City of Miami Representative Date
VERIFICATION OF MOVE
This is to certify that on , I inspected the home located at the "move from' address
identified above to verify that it has been vacated. I further certify that the "move to" address has been found
to be decent, safe, and sanitary.
TYPE OF MOVE
Move Assistance Payment from Unsafe Housing: ❑ Homeowner move ❑ Residential Tenant Move
City of Miami Representative Date
Name:
Exhibit F
Request for Return '!love Assistance Payment
Homeowners and Residential Tenants
RETL:RN MON'E TO REPAIRED & SAFE HOUSLNG
Optional Relocation Police
Telephone No.
Address you are Moving From (Street Address, City, State, Zip Code)
Did All Members of the Household Move to the Same Address? YES NO
(if NO, provide name and address for those members)
Address you are Moving To Date Moved No. of Rooms of
Furniture
CERTIFICATION: This is to certify that I have read and understand the City's Optional Relocation
Assistance Policy and do hereby request assistance under this Policy to move my rooms of property
back into the unit located at . All required and
necessary repairs have been completed and the unit has been inspected by the City and determined to now be
in decent, safe, and sanitary condition. I understand that receipt of this payment is the final payment that may
be made to me under the Agency's Optional Relocation Assistance Policy.
Signature of Homeowner or Tenant Date
Signature of City Representative Date
VERIFICATION OF MOVE
This is to certify that on , I inspected the home located at the "move from" address
identified above to verify that it has been vacated. I further certify that the return move address is repaired
and now decent, safe, and sanitary.
TYPE OF MOVE
Move Assistance Payment from Unsafe Housing: ❑ Homeowner move ❑ Residential Tenant Move
City of Miami Representative Date
67
Exhibit G
Request for Replacement Housing Assistance PaN7ment
Homeowner
MOVE FROM LAN S AFE HOUSING CAUSED BY FIRE, M_ -N -MADE, OR -NATURAL RAL DISASTER
Optional Relocation Policy
Name:
Telephone No.
Present or Future Residence Address (Street Address, City, State, Zip Code)
Did All Members of the Household Move to the Same Address? YES NO
(if NO, provide name and address for those members)
Address you Moved From Date Moved No. of Rooms of
Furniture
CERTIFICATION: This is to certify that I have read and understand the City's Optional Relocation Assistance Policy
and do hereby request assistance under this Policy as allowed and listed below:
1. Either $ for an "immediate" hotel housing payment assistance (up to 30 days)
Or $ for a transition housing unit (up to six months)
2. $ The first month's rent for a permanent or temporary replacement housing unit
3. $ The storage of personal property not to exceed $2,500 for 6 months.
Request Total: $ Amount requested as of—/ / . (Total requested by all claims cannot exceed
$ which is the maximum amount allowed.)
I certify that I am a homeowner who is forced to move from unsafe housing as a result of hazardous conditions caused
by fire, man-made catastrophic event, natural or weather related disaster, and that my claim for the amount specified
above is accurate and supported by required documentation
Signature of Homeowner
Date
Signature of City Representative Approving Payment Date
VERIFICATION OF MOVE
This is to certify that documentation presented supports $ , which is within the maximum amount allowed,
and that the unit selected by the tenant was determined on to be decent, safe, and sanitary.
City of Miami Representative Date
W
Name:
Exhibit H
Request for Replacement Housing Assistance Payment
Residential Tenant
'NIONE FROM UNSAFE KOUSV G SUBJECT TO CAUSE
Optional Relocation Policy
Telephone No.
Present or Future Residence Address (Street Address, City, State, Zip Code)
Did All Members of the Household Move to the Same Address? YES NO
(if NO, provide name and address for those members)
Address you Moved From Date Moved No. of Rooms of
Furniture
CERTIFICATION: This is to certify that I have read and understand the City's Optional Relocation Assistance Policy
and do hereby request assistance under this Policy as allowed and listed below:
1. Either $ for an "immediate" hotel housing payment assistance (up to 30 days)
Or $ for a transition housing unit (up to six months)
2. $ The fust month's rent for a permanent or temporary replacement housing unit
3. $ The storage of personal property not to exceed $
Request Total: $ Amount requested as of _/ / . (Total requested by all claims cannot exceed
$ , which is the maximum amount allowed.)
I certify that I am a tenant who is forced to move from unsafe housing due to hazardous conditions caused by fire, man-
made catastrophic event, natural or weather related disaster, and that my claim for the amount specified above is
accurate and supported by required documentation
Signature of Tenant
Date
Signature of City Representative Approving Payment Date
VERIFICATION OF MOVE
This is to certify that documentation presented supports $ , which is within the maximum amount allowed,
and that the unit selected by the homeowner was determined on to be decent, safe, and sanitary.
City of Miami Representative Date
W
Exhibit I
Needs Assessment Surrey
Application for Assistance
Homeowners and Residential Tenants
Optional Relocation Policy
The information provided in this Needs Assessment Survey, if executed and submitted. is to support the
applicant's Application for Assistance under the City's Optional Relocation Policy, and is for the purpose of
obtaining the following assistance:
❑i Fire. Man -Made Catastrophic Event. Natural Disaster. and Weather -Related Moves — Homeowners or
residential tenants who are forced to move either permanently or temporarily due to unsafe housing
caused as a result of fire, man-made catastrophic event, natural disaster, or weather-related
circumstances.
INTORIVIATION AND DATA STBNIITED
Current Housing Status:
Yearly Income: $
Housing Need:
Applicant Occupants: Head -of -Household name:
Age: _ Sex: _
Dependent Elderly Age: % Disability:
Dependent Children (names and ages):
Signature of Applicant
Date
70
City of Miami — Department of Community Development
Optional Relocation Assistance Policy
Exhibit 3
General Verification of Information & Data
Homeowners and Residential Tenants
Optional Relocation Police
Applicant Occupants: Head -of -Household:
Dependent Elderly:
Number of Dependent Children:
Special Needs:
Current Housing Status:
Verified Yearly Income: S
Sources of Income and Amounts (Please list):
Need Verified: ❑ YES ❑ NO
Replacement Housing Need: D YES D NO
Age: _ Sex: _
Ase: °io Disability,:
Based on a review of the information submitted, the applicant (C Homeowner ❑ Tenant) appears:
Not to be eligible for assistance under the City's Optional Relocation Assistance Policy.
C To meet the basic Policy criteria and is hereby referred to staff for further processing.
City of Miami Representative Date
71
City of Miami — Department of Community Development
Optional Relocation Assistance Policy
Exhibit K
Residential Relocation Information
Homeowners and Residential Tenants
Optional Relocation Policy
Client Household Information
Household Name:
I Address:
List of Occupants
Household will be, or was:
Name
Relationship
Age
Sex
Relocated due to code enlorccment or occupancy
L
Head -of -Household
Relocated clue to lire or natural disaster
2.
Returned to unit once repairs Were completed
3.
Advisory Services that were provided:
4.
5.
6.
Pets to be moved:
7.
Mobility Issues:
1IA ,;
Client Contact Record
Name of Staff Representative
Persons Contacted Visit/ Call
Contact Date
Transportation Issues to School, Worlc, Medical Appls, etc:
Temporary or Permanent Replacement Housing :Information
Address
Unit # # of Bedrooms Couclitiou of Unit/ Cocumeuls
Unit Owner
I'hone If
1.
2.
3.
4.
72
City of ?`Miami — Department of Community Development
Optional Relocation Assistance Policv
Exhibit L
Financial Assistance Claim
Homeowners and Residential Tenants
Optional Relocation Police
1. Claimant: 3. Date of Request:
2. Resident Status: - Homeowner - Tenant 4. Request No.: _
5. Present Mailing Address:
6. Present Telephone No.:
7. Have all members of the household moved to the same address? - YES
8. If "NO", list the other names and addresses:
9. Address of Property you moved from:
10. Replacement unit is determined to be decent, safe, and sanitary: - YES
Comments:
�j NO
11. MOVING EXPENSES BEING CLAIMED (Itemize and attach receipts or bills
11 -a. Move from Unsafe Housing Payment $ Payable to:
11-b. Storage of Personal Property Payment $ Payable to
Sub -Total for Moving Related costs: $'
11-c. Return Move to Safe Housing Payment $ Payable to:
11-d. Total Amount Allowed under Policy $
Total Amount Claimed by Applicant:
12. HOUSING COSTS BEING CLAIlv1ED (Itemize and attach receipts or bills)
Housing Assistance Payment
12-a. Hotel payment up to one week, OR, $ Payable to:
12-b. Transitional Housing up to one month $ Payable to
12-c. First month rent for permanent unit $ Payable to:
12-d. Total Amount Allowed under Policy $
Total Amount Claimed by Applicant: $ r E
73
Cite of Miami — Department of Community Development
Optional Relocation assistance Police
Exkibit'_!Z
Financial Assistance Payment Record
Homeowmers and Residential Tenants
Optional Relocation Police
TO BE COMPLETED BY THE CITY OF 1`UA_>\II
Present Mailing Address: Present Telephone -:
Comments: Date All Payments Complete:
Item:
I Amount Claimed Amount Approved/ Amount Date Paid Payable to
II Allowed (if applicable)
11-a
$
11-b
$
11-c
$
11-d
$
14-a
$
14-b
$
14-c
Total Paid:
$
$
Item: Person Recommending Date of Date If Rejected, Why
Payment Approval Rejected
11-a
11-b
11-c
11-d
14-a
14-b
14-c
Comments:
74