Chapter 9: Presentation of Relocation Assistance Information
Anchor: #BGBJECAHSection 1: Notices
Anchor: #i1000411General Information Notice (Notice of Displacement)
General Information Notice may be issued separately or with other notices. Issue this notice at least 90 days before the required date to vacate.
When this notice is sent by certified mail, with return receipt requested, follow it by personal contact to furnish additional explanations.
Recipients of displacement notices fall into the following two categories:
- Owner-Occupants - At initiation
of property negotiations, provide the owner-occupant with:
- a written explanation of eligibility requirements to receive relocation payments resulting from acquisition of his business or residence.
- notice to residential displacees, who were owner-occupants for more than 180 days, of entitlement to payments for replacement housing, incidental expenses, and increased interest costs for financing a replacement dwelling.
- advice about the option to rent
- TxDOT’s Relocation Assistance booklet.
- 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:
- a written statement including date of initiation of property negotiations and an explanation of eligibility requirements to receive relocation benefits.
- TxDOT’s Relocation Assistance booklet.
- an explanation of available relocation services available and information on where to obtain these services.
Notice of Displacee Obligations
The general written description of TxDOT’s relocation program must inform a displacee that he:
- might be displaced for the project;
- might be eligible for a relocation payment, and of the conditions and procedures for obtaining this payment;
- will be given relocation advisory services which include housing referrals, help in filing payment claims, and other relocation assistance;
- will not be required to move permanently unless at least one comparable replacement dwelling is made available;
- will not be required to move without at least 90 days advance written notice;
- has a right to appeal TxDOT’s determination on his eligibility for, or the amount of, any relocation payment;
- must provide TxDOT reasonable advance notice of the estimated start date of his move or disposition of displaced personalty, and must provide TxDOT a list of items to be moved; and
- must permit TxDOT to make reasonable and timely inspections of personalty at the displacement and replacement sites and monitor the move.
Notice of Relocation Assistance Eligibility
Eligibility for relocation assistance shall begin on the date of a notice of intent to acquire, the initiation of negotiations, or actual acquisition. The notice of intent to acquire is a specific notice not to be confused with the “notice to owner.” It is used to establish a person’s eligibility for relocation prior to the initiation of negotiations, and is a means by which displacing Agencies may establish a person’s eligibility in advance of the typical acquisition and relocation process in order to conduct orderly relocation, minimize adverse impacts on displaced persons and to expedite project advancement and completion. One example of this notice is the “Notice of Advance Relocation Assistance Eligibility,” found later in this chapter. For TxDOT purposes, relocation assistance eligibility will normally occur at the “initiation of negotiation” (initial written offer to purchase the right of way). This notice:
- can be given to displacees in person or sent by certified mail, with return receipt requested; or
- can be issued separately or with other notices; and
- must be issued at least 90 days before the required date to vacate.
Notice of Replacement Amounts
The displacee must be informed, in writing, of:
- the specific amount of the computed replacement housing or rent supplement;
- the purchase price or rent used as basis for establishing the supplemental housing payment upper limit; and
- the location of the comparable replacement dwelling used to determine the replacement housing supplement. Where possible, make available three or more 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 recomputation of the replacement housing supplement.
Furnish this notice to the displacee:
- near the time the displacee will be actively looking for replacement housing; or
- within a reasonable period of time of any displacee’s request; but
- 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 reasonable effort to meet this desire. If housing is available on which an 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.
Anchor: #i1000629Notices to Vacate
To the greatest extent practicable, a person lawfully occupying ROW and required to move from a dwelling or to move his business, farm, or nonprofit operation must receive timely written notice of the intended date to vacate. To meet this requirement, issue the following two separate written notices to each displacee:
- 90-Day Notice - Give this notice on or after initiation of ROW negotiations. Due to different project circumstances, the time of the notice must be at the District’s discretion. However, all such notices must include a statement that the displacee will not have to move from his dwelling or his business, farm, or nonprofit operation before (1) 90 days from the notice date or (2) the date that comparable replacement housing was made available, whichever is later. If the 90-day notice is issued before comparable replacement housing is made available, the notice must state that the occupant will not have to move earlier than 90 days after such comparable replacement housing is made available. The 90-day notice must state either (1) a specific date by which the occupant may be required to move or (2) that the occupant must be given a separate 30-day written notice specifying the specific date to vacate.
- 30-Day Notice - This notice must inform the displacee of the specific date to vacate. Do not give this notice until TxDOT has legal ROW possession. Advise the displacee at this time that the housing or rent supplement will not be increased later unless the date to vacate is extended in writing by TxDOT. Also, base any payment for incidental expenses and any increased interest payment on the lesser costs in effect as of (1) the specified date to vacate or (2) the date the displacee actually moves.
Intended dates to vacate may be extended when warranted, but extensions must be in writing and must give a new specific date to vacate.
A notice to vacate is not required if an occupant moves voluntarily before the notice is given. When a displacee moves voluntarily before receiving a notice to vacate, document a narrative of events about the move in District files.
Rarely, an occupant may be required to vacate with less than 90 days advanced written notice if it is determined that a 90-day notice is impractical. An example is when the person’s continued occupancy of the property constitutes a danger to the person’s health or safety. Prior to issuing a notice to vacate in less than 90 days, coordination must be established with the Right of Way Division to attain Federal Agency approval and special relocation entitlements.
Anchor: #i1000664Notice to Late Occupants
When a displacee occupies improvements within the proposed ROW following initiation of negotiations, furnish the displacee the following notification of his entitlement to applicable relocation benefits:
- a written statement including the date negotiations were initiated;
- a written description of the relocation assistance program, eligibility requirements including requirement for the late occupant to continue occupancy until State possession of the property in order to qualify for relocation assistance entitlements;
- TxDOT’s Relocation Assistance booklet;
- give this Notice to Late Residential Occupants to the displacee promptly following his occupancy of the proposed ROW, and at least 90 days before the date to vacate. If this notice is issued before TxDOT acquires legal possession, give the displacee a second notice when TxDOT acquires legal possession so that he can be informed of his eligibility to receive a relocation payment.
This notice to late residential occupants may be given to the displacee by personal contact or sent by certified mail, with return receipt requested. When this notice is sent by certified mail, follow it by personal contact for the purpose of furnishing any necessary additional explanation.
Anchor: #FNJIIKIMNotice of Advance Relocation Assistance Eligibility
Issue written notice of advance relocation assistance eligibility when it is necessary to establish eligibility before initiation of negotiations. Do not issue this notice without prior approval by the Right of Way Division.
If a notice of advance relocation assistance eligibility is issued, the date the displacee moves from the proposed ROW is considered the same as the date of initiation of negotiations. Do not issue this notice before receiving authorization for initiating project negotiations or for acquisition of individual parcels for protective buying or due to hardship.
A notice of advance relocation assistance eligibility should include:
- an eligibility statement, with any applicable restrictions;
- the anticipated date of initiation of negotiations;
- instructions on how to obtain additional information on relocation payments and services; and
- a copy of the TxDOT Relocation Assistance booklet.
If a notice of advance relocation assistance eligibility is given to an owner, also give the notice to his tenants within 30 days. If notice is given to a tenant, simultaneously notify the owner of such action.
Do not issue a notice of advance relocation assistance eligibility unless initiation of ROW negotiations is imminent to prevent possible later ROW occupancy and to minimize rental difficulties for owners.
Anchor: #i1000757Notice of Denial of Claim
If the District disapproves all or part of a payment claim or refuses to consider the claim on its merits because of untimely filing or other grounds, promptly notify the claimant in writing of its determination, the basis for its determination, and the procedures for appealing that determination.
Anchor: #i1000767Manner of Notices
Each notice required in this Chapter must be personally served or sent by certified mail; with return receipt requested, and documented in District files. Write each notice in plain, understandable language. Provide assistance to persons unable to read and understand a notice. On each notice, show the name and telephone number of a person who may be contacted for assistance.