Section 2: Notice Letters: Examples / ProceduresAnchor: #i1000782
Example letters for presenting relocation information to displacees are available on the TxDOT website.Anchor: #i1012401
Manner of Notices
Each notice required in this Chapter must be personally served or sent by certified mail, with return receipt requested, and documented in department files. Write each notice in plain, understandable language. Provide assistance to persons unable to read and understand a notice. Each notice must contain the name and telephone number of a person who may be contacted for assistance.Anchor: #i1012360
Recipients of Notices
Recipients of displacement notices fall into the following two categories:
- Anchor: #DDBLQSEL
- At initiation of property negotiations, provide the owner with
the applicable information:
- A written explanation of eligibility requirements to receive relocation payments resulting from acquisition of his business or residence. Anchor: #FBXSCOIN
- A notice to residential displacees, who were owner-occupants for more than 90 days, of entitlement to payments for replacement housing, incidental expenses, and increased interest costs for financing a replacement dwelling. Emphasize to displaced 90-day owner-occupants that the replacement housing payment described in the notice depends upon acceptance of the negotiated offer. Anchor: #CBPQMEKU
- Advice to residential displacees about the option to rent. Anchor: #CNLRPRCJ
- TxDOT’s Relocation Assistance booklet. Anchor: #MBRLXBBE
- An explanation of available relocation services available and information on where to obtain these services.
- Tenants - Promptly after initiation
of property negotiations, provide the tenant with:
- Anchor: #YCRMONXR
- A written statement including date of initiation of property negotiations and an explanation of eligibility requirements to receive relocation benefits. Anchor: #HMSHFYFR
- TxDOT’s Relocation Assistance booklet. Anchor: #VCODBCOO
- An explanation of available relocation services and information on where to obtain these services.
Notice of Replacement Amounts
The displacee must be informed, in writing, of:
- Anchor: #GNVIUTJT
- the specific amount of the computed replacement housing or rent supplement; Anchor: #KBSIELHV
- the purchase price or rent used as the basis for establishing the supplemental housing payment upper limit; and Anchor: #YWHTLXHU
- the location of the comparable replacement dwelling used to determine the replacement housing supplement. Where possible, make available three comparable dwellings. If the dwelling used in computing a supplement is no longer available, inform the displacee of the location of preferably three (a minimum of one) other comparable dwellings. These dwellings must be available at a cost equal to or less than the cost of the dwelling used for computing the displacee supplement.
When a displacee is notified to vacate a displacement dwelling, and if comparable replacement housing is not available at a cost equal to or less than the computed replacement housing cost, then determine a new replacement housing supplement. However, do not offer the displacee a revised supplement that is less than the supplement originally offered. An exception to this policy would occur if the value of the displacee's displacement dwelling is revised upward, requiring a re-computation of the replacement housing supplement.
Furnish this notice to the displacee:
- Anchor: #FPNRYHOK
- near the time the displacee will be actively looking for replacement housing; or Anchor: #VKHPOXPE
- within a reasonable period of time of any displacee's request; but Anchor: #GBTEEMYJ
- at least 90 days before the date the displacee is required to vacate the ROW.
If a displacee indicates he is dissatisfied with the determination of his eligibility for payment or the amount of payment offered, he must be offered a thorough explanation of TxDOT's method of arriving at the allowed payment. If he is still not satisfied, give him a Form ROW-R-109, Request for Review of Relocation Assistance Payment, and advise him of the procedure for requesting an application review.
Housing payments are based on a displacee's ownership or tenancy status when the first written offer is made for the ROW. If a displacee desires an alternate ownership or tenancy status, make a reasonable effort to meet this desire. If housing is available on which alternate replacement housing supplement can be computed, then base the replacement housing payment on the requested alternate and present the amount in writing to the displacee.