The FHWA also proposes to delete “Supplemental Standard Rule” as it is no longer contained in USPAP. Providing advisory assistance to shelter occupants may be a challenge due to their transient nature. The term “Federal and federally assisted program or project” is used to better identify the type of appraisal practices that are to be referenced and to differentiate them from the private sector, especially mortgage lending, appraisal practice. Supported by receipted bills for labor and equipment.  (8) The reasonable cost of disassembling, moving, and reassembling any appurtenances attached to a mobile home, such as porches, decks, skirting, and awnings, which were not acquired, anchoring of the unit, and utility “hookup” charges. 1894; 42 U.S.C. (ii) If the item is not currently in use: The estimated cost of moving the item as is but not including any allowance for storage. Superfund is a program designed to clean up hazardous waste sites. This may also include modifications to websites that would modify and edit contact and new location information made necessary because of the move. When these situations arise, the Agency provides additional or alternative assistance under the section housing of last resort, which then may include a calculation of a replacement rental assistance payment covering 42 months. The condemnation of property may however adversely affect the displaced persons and the eminent domain law contains specific provisions for the relocation of displaced persons. Line 11. The physical characteristics of the comparable replacement dwelling may be dissimilar to those of the displacement dwelling but they may never be inferior.Start Printed Page 69520. (See appendix A of this part, Section 24.301(g)(13).). The FHWA has received a number of questions regarding the meaning of “nearby utilities” and whether “nearby” allows for reimbursement for certain utility service modifications and reconnection costs. The FHWA proposes to modify this paragraph to recognize that many businesses use media other than printed media by adding the phrase “and making updates to other media.” We propose making a reference to a new item in appendix A, Section 24.301(g)(13), which includes examples of other potentially reimbursable costs for other media such as DVDs or CDs and modification of websites to update contact and location information made necessary because of the move. If a person accepts assistance under a government housing assistance program, the rules of that program governing the size of the dwelling apply, and the rental assistance payment under § 24.402 would be computed on the basis of the person's actual out-of-pocket cost for the replacement housing and associated utilities after the applicable government assistance has been applied. The Agency is obligated to inform the displaced person of the approximate amount of this payment and to advise the displaced person of the interest rate and points used to calculate the payment. Therefore, those who may relocate as a result of an acquisition funded in part with down payment assistance are not displaced persons within the meaning of the Uniform Act. Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs Add to clipboard by the Transportation Department on 12/18/2019 . Late-filed comments will be considered to the extent practicable. The FHWA would like comments on whether and how adding new self-move options for moves from a dwelling would reduce administrative burden on the displaced person and the Agency. (See § 24.2(a).). The Agency request to exercise single agent option for properties with a value of between $10,000 and $25,000 must include the anticipated benefits of, and reasons for, raising the ceiling above $10,000, the oversight mechanism used to assure proper use and review, the names and credentials of individuals who will be performing as single agents, and quality control procedures to be utilized. The proposed rule contains changes, such as a requirement for annual reporting, that can be expected to improve transparency, and, therefore, oversight of the program. At the Federal level, 18 departments and Agencies are subject to the Uniform Act and their input is reflected in the proposed changes. Decent, safe, and sanitary dwelling. Applicability of acquisition requirements. It is not intended to prevent Agencies or recipients from providing appraiser and/or valuers with appropriate project information or participating in determining the scope of work for the appraisal or valuation. Based on communications with other Uniform Act Agencies, FHWA analysts believe that FHWA has the largest Uniform Act program; however, other Agencies have sizable programs, as well. Moves performed by a professional mover. The FHWA's Business Relocation Assistance Retrospective Study  Section 24.104 Review of appraisals.  Agencies can face unique challenges when displacing a homeowner whose dwelling has a HECM. However, reimbursement should be provided for those additional costs necessitated by the temporary move, including lodging, cost of meals when temporary lodgings do not include kitchen facilities, and cost to move personal property when necessary. Guidelines FHWA used in choosing this index: 1. Similarly, tenants forced to relocate by foreclosure on housing projects with federally guaranteed financing are not displaced persons[ix]. The FHWA believes that Agencies should attempt to secure actual costs of utilities from the displaced person in order to calculate and determine base monthly rental, to the extent practicable. One factor in this calculation is to determine if a displaced person is “low income,” as defined by the U.S. Department of Housing and Urban Development's annual survey of income limits for the Public Housing and Section 8 Programs. The FHWA believes that the clear intent in statute and this regulation do not allow for any Uniform Act benefits or assistance to be provided to an alien not lawfully present in the United States, with the exception being cases where an exceptional and extremely unusual hardship to a spouse, child, or parent who is a U.S. citizen or alien lawfully admitted for permanent residence would be created by denying such benefits and assistance. Section 24.401(c)(2)(iii) Price differential. No payment shall be made to a tenant-owner for any real property improvement unless: (1) The tenant-owner, in consideration for the payment, assigns, transfers, and releases to the Agency all of the tenant-owner's right, title, and interest in the improvement; (2) The owner of the real property on which the improvement is located disclaims all interest in the improvement; and. (d) The National Environmental Policy Act of 1969 (42 U.S.C. 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. The Federal Agency may also apply sanctions in accordance with applicable program regulations. Section 1521(b)(2) of MAP-21 amends Section 203(a)(1) of the Uniform Act by reducing the eligibility requirement from 180 days to 90 days the number of days a person must have owned and occupied a displacement dwelling in order to be eligible for a replacement housing payment. Such request must identify the specific parcels that would be acquired by eminent domain, the reason for the need, and the steps the Agency will take to ensure that property owner's assistance and protection are not reduced. or Primary Metropolitan Statistical Area (PMSA)  Any damages or benefits to any remaining property shall be identified in the review appraiser's report. HUD (U.S. Department of Housing and Urban Development). When allowed for under applicable law, a single offer that includes the value of the remainder property should be made. to the courts under 44 U.S.C. The term Federal Agency means any department, Agency, or instrumentality in the executive branch of the United States Government, any wholly owned U.S. 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. However, if the Agency determines that two or more occupants maintained separate households within the same dwelling, such occupants have separate entitlements to relocation payments. The FHWA proposes to add a new definition, paragraph, and appendix item to address HECM (also known as reverse mortgages). Given that this regulation allows and defines instances when an alien not lawfully present in the United States may receive Uniform Act benefits, the FHWA believes that the hardship exception also applies to temporary relocations in cases where an exceptional and extremely unusual hardship to a designated family member would be created by denying such benefits and assistance. (2014 Income Limits), This household is considered “low income.”. Line 2. The FHWA proposes to make these changes in the acronym listing of this paragraph, remove numbers, and alphabetize the acronyms. The price differential to be paid under paragraph (b)(1) of this section is the amount which must be added to the acquisition cost of the displacement dwelling and site (see § 24.2(a)) to provide a total amount equal to the lesser of: (i) The reasonable cost of a comparable replacement dwelling as determined in accordance with § 24.403(a); or. Executive Order 13132 requires Agencies to ensure meaningful and timely input by State and local officials in the development of regulatory policies that may have a substantial, direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Congress enacted this law to ensure that people whose real property is acquired, or who move as a result of projects receiving Federal funds, are treated fairly and equitably and receive just compensation for, and assistance in moving from, the property they occupy. The DOT has delegated these responsibilities to the FHWA at 49 CFR 1.85(d)(7). The new appendix item describes additional safeguards that should be included as part of an Agency's process. Only official editions of the Over a series of several working group meetings, the draft was refined and revised based on proposed edits and comments of the working group. The RIN contained in the heading of this document can be used to cross reference this action with the Unified Agenda. 2. If a decision is later made to permanently relocate such persons, those who had been temporarily relocated under Superfund authority would no longer be on site when a formal, written offer to acquire the property was made, and thus would lose their eligibility for a replacement housing payment. The Agency and the utility facility owner shall reach prior agreement on the nature of the utility relocation work to be accomplished, the eligibility of the work for reimbursement, the responsibilities for financing and accomplishing the work, and the method of accumulating costs and making payment. Notwithstanding any provision of this subpart, no person shall be required to move from a displacement dwelling unless comparable replacement housing is available to such person. (2) A replacement housing payment in accordance with subpart E of this part Start Printed Page 69510to the same extent and subject to the same requirements as persons displaced from conventional dwellings. The FHWA believes that the proposed change to the regulation aligns the regulation more closely with the language and requirements of Section 4621 of the Uniform Act. (However, this part does not preclude the computation under § 24.401(c)(2)(iii)); (2) Interest on a loan to cover moving expenses; (6) Any additional operating expenses of a business or farm operation incurred because of operating in a new location except as provided in § 24.304(a)(6); (8) Any legal fee or other cost for preparing a claim for a relocation payment or for representing the claimant before the Agency; (9) Expenses for searching for a replacement dwelling; (10) Physical changes to the real property at the replacement location of a business or farm operation except as provided in paragraph (g)(3) of this section and § 24.304(a); (11) Costs for storage of personal property on real property already owned or leased by the displaced person; (12) Refundable security and utility deposits; and. This proposed action qualifies for categorical exclusions under 23 CFR 771.117(c)(20) (promulgation of rules, regulations, and directives) and 771.117(c)(1) (activities that do not lead directly to construction). Examples of personal property only moves might be: Personal property that is located on a portion of property that is being acquired, but the business or residence will not be acquired and can still operate after the acquisition; personal property that is located in a mini-storage facility that will be acquired or relocated; or, personal property that is stored on vacant land that is to be acquired. 4601 et seq. Each document posted on the site includes a link to the Com’n, 749 So. Several State Agencies have reasoned that in a number of instances having attorneys negotiate for the purchase of replacement sites could be an actual, reasonable, and necessary expense. (h) Executive Order 11063—Equal Opportunity and Housing, as amended by Executive Order 12892. The costs of the proposed rule for all Uniform Act Agencies are estimated to be minor: $1.8 million when discounted at 7 percent and $2.0 million when discounted at 3 percent. Section 24.101(b)(1)(iv) and (b)(2)(ii) provide that, for programs and projects receiving Federal financial assistance described in § 24.101(b)(1) and (2), Agencies are to inform the owner(s) or their designated representative(s) in writing of the Agency's estimate of the fair market value for the property to be acquired. Courts have held that the very purpose of the Uniform Relocation Assistance program was to avoid disproportionate injuries to persons displaced as result of programs designed for the benefit of the public as a whole rather than to guarantee identical substitute housing for all relocatees[iv]. The last sentence in this paragraph is deleted and further discussion of reporting requirements has been added in the appendix. The proposed paragraph will discuss the new annual reporting requirements for each Federal Agency subject to the Uniform Act. In order to encourage those States to take advantage of the Start Printed Page 69475streamlining efficiencies offered by the waiver valuation, and in an effort to avoid the increased time and increased cost associated with providing fully documented appraisals, FHWA proposes to incorporate a jurisdictional exception that preserves the original intent of the waiver valuation process while offering appraisers that wish to perform this type of work for Agencies an avenue for accepting waiver valuation assignments while remaining compliant with the provisions of the State appraisal licensing enforcement Agencies. At a minimum, interviews with displaced business owners and operators should include the following items: (A) The business's replacement site requirements, current lease terms and other contractual obligations and the financial capacity of the business to accomplish the move. (See appendix A of this part, Section 24.103(a).). 221 (N.D. Cal. (ii) An alien who is present in the United States after the expiration of the period of stay authorized by the Secretary of Homeland Security or who otherwise violates the terms and conditions of admission, parole, or authorization to stay in the United States. Over the last several years, the FHWA has received numerous questions about the use of LIHTCs and whether they are Federal financial assistance as defined in this rule. Agencies or recipients desiring to exercise this option must request approval in writing from the Federal funding Agency. Acquisition of tenant-owned improvements. Also in appendix A, Section 24.403(a)(3), FHWA proposes to explain that if an Agency presents a written offer to acquire the whole parcel, the price differential portion of the replacement housing payment should be based upon the difference between the comparable replacement dwelling and the Agency's written offer to acquire the whole parcel. include documents scheduled for later issues, at the request Persons not displaced generally include those who will be temporarily relocated. Section 24.401(a)(2). Uniform Standards of Professional Appraisal Practice (USPAP). (2) The Agency shall waive this time period for good cause. These cost savings are not quantifiable. If a person who is a member of a family being displaced is not eligible for and does not receive Uniform Act benefits because he or she is not lawfully in the United States, that person's income shall not be excluded from the computation of family income. The FHWA believes that in most cases the use of a fixed cost move is meant to be a one-time uncomplicated move, and if storage is necessary, it would be in the displaced person's interest to use a commercial move to ensure that all costs related to moving and storage are reimbursed. Replacement housing payment for 90-day homeowner-occupants. This NPRM also proposes to streamline program requirements and carry out a comprehensive update of 49 CFR part 24 to better align the language of the regulations with current program needs and best practices. (iv) No later than the time of the offer the Agency shall inform the owner of the property or the owner's designated representative in writing of what it believes to be the fair market value of the property. The proposed changes are intended to more clearly describe the authorities and rights created by the appeals process and to more directly provide information on the process to follow should a determination on the appeal be desired. Mortgage. In addition, some of the concepts inherent in Federal Program appraisal practice are appropriate for these estimates. Eligible expenses for moves from a mobile home include those expenses described in paragraphs (g)(1) through (7) of this section. (See appendix A of this part, Section 24.2(a).). This NPRM makes a number of changes to emphasize that the recipient remains responsible for ensuring compliance with Federal funding Agency requirements when the recipient delegates project activities to subrecipients, including public Agencies. (h) Agency official to review appeal. Such a waiver should be subject to the approval of the Federal-funding Agency in accordance with existing delegation of authority. The base monthly rental for the displacement dwelling is the lesser of: (i) The average monthly cost for rent and utilities at the displacement dwelling for a reasonable period prior to displacement, as determined by the Agency (for an owner-occupant, use the fair market rent for the displacement dwelling; for a tenant who paid little or no rent for the displacement dwelling, use the fair market rent, unless its use would result in a hardship because of the person's income or other circumstances); or. Dwelling. It includes a narrative on the overarching program and/or related activities, as well as specific program metrics, including the number of acquisitions, relocations, condemnations, total dollars spent, and use of housing of last resort. The DOT published these documents on June 8, 2017 (82 FR 26734) and October 2, 2017 (82 FR 45750). , Recovery, and abuse while allowing Agencies to operate as efficiently as possible claim shall be as! 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