Chapter 4: Relocation Assistance

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Section 1: Legislative Provisions/Laws and Regulations

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Federal Law and Regulations

Federal regulation governing relocation is contained in 49CFR Part 24 §§201-505.

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State Law

Texas relocation assistance rules may be found in 43TAC, Chapter 21, Subchapter G and in Property Code, §21.046.

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Relocation Payments Non-Income Status

Payments received under this section will not be considered income for purpose of Internal Revenue Code of 1986. Likewise, payments are not considered income for determining the eligibility, or extent of eligibility, of any person for assistance under the Social Security Act or any other Federal law, except Federal law providing low-income housing assistance. Refer to 42USC §4636.

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Fair Housing

The Federal Fair Housing Act (42USC 3601, et seq; 24CFR Part 100) contains the following provision for most residential transactions:

“After December 31, 1968, it shall be unlawful to deny any person access to or membership or participation in any multiple-listing service, real estate brokers’ organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against him or her in the terms or conditions of such access, membership, or participation, on account of race, color, religion, sex, familial status, or national origin.”

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Relocation Assistance and Local Public Agencies

State Participation. If the State participates in a project, the LPA must comply with TxDOT’s instructions on relocation assistance.

If ROW is acquired by an LPA before project authorization by the Commission and release by TxDOT, then relocation assistance and payments are the LPA’s sole responsibility.

If ROW is acquired by an LPA after project authorization and release by the Right of Way Division, then relocation assistance and payment is TxDOT’s responsibility unless otherwise stated in the agreement.

No State Participation. If there is no State participation, the LPA must conform to the minimum Federal requirements of the Uniform Act.

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