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Sec. 4.206 Computing average annual net

income; businesses and farm operations. 4.210 Application for payment.

known financial interests unless spe. cifically exempted from the require ment to file. Special Government employees shall be subject to the requirements and procedures of $ 3.308. (38 FR 9556, Apr. 17, 1973, as amended at 42 FR 62137, Dec. 9, 1977; 43 FR 1339, Jan. 9, 1978)

PART 4-IMPLEMENTATION OF THE

UNIFORM RELOCATION ASSIST
ANCE AND REAL PROPERTY AC-
QUISITION POLICIES ACT OF 1970

Subpart A-General

Sec. 4.100 Purpose and policy. 4.101 Applicability, 4.102 Definitions. 4.102-1 The Act. 4.102-2 Administrator. 4.102-3 Business. 4.102-4 Displacing agency. 4.102-5 Dwelling. 4.102-6 Economic rent. 4.102-7 Family. 4.102-8 Farm operation. 4.102-9 Federally assisted. 4.102-10 Initiation of negotiations. 4.102-11 Mortgage. 4.102-12 Owner. 4.102-13 Person. 4.102-14 State agency. 4.102-15 Tenant. 4.103 Displaced person; qualifications. 4.104 Appeals. 4.105 Records. 4.106 Application for benefits. 4.107 Payment not to be considered

income.

Subpart C-Replacement Housing 4.301 Determinations or assurances re

quired before displacement. 4.302 Replacement housing unavailable. 4.303 Decent, safe, and sanitary housing

requirements. 4.310 Replacement housing payment for

homeowners. 4.311 Computation of payment-180-day

owners. 4.320 Replacement housing payments for

tenants and certain others. 4.321 Computation of rental replacement

housing payments. 4.322 Computation of replacement housing

down payment-tenants and 90-day

owners. 4.330 Determination of cost of replacement

dwelling. 4.331 Rules for considering land values. 4.332 Partial use of home for business or

farm operation. 4.333 Multiple occupants of a single dwell

ing. 4.334 Multifamily dwelling. 4.335 Application and payment. 4.336 Certificate of eligibility pending pur

chase of replacement dwelling. 4.337 Inspection of replacement dwelling

required.

Subpart D- Relocation Assistance Advisory

Services

4.400 Requirements for relocation assist

ance advisory programs. 4.401 Extension of service. 4.402 Displaced person declining to accept / relocation services. 4.403 Information for displaced persons. 4.404 Public information. 4.405 Coordination of relocation activities. 4.406 Contracting for relocation services. 4.406-1 Written agreement required.

Subpart B-Moving and Related Expenses 4.200 General. 4.201 Payment of actual moving and relat

ed expenses. 4.201-1 Allowable moving expenses. 4.201-2 Limitations. 4.201-3 Nonallowable moving expenses and

losses. 4.201-4 Expenses in searching for replace

ment business or farm. 4.201-5 Actual direct losses by business or

farm operation. 4.205 Payment of a fixed moving expense

allowance. 4.205-1 Occupants of dwellings. 4.205-2 Business. 4.205-3 Farm operations. 4.205-4 Nonprofit organizations.

Subpart E-Federally Assisted Projects 4.500 State agency assurances. 4.500-1 Inability to provide assurances. 4.501 Monitoring. 4.502 EPA share of costs. 4.503 Use of EPA financial assistance.

Subpart F-Acquisition of Real Property 4.600 Applicability. 4.601 Acquisition. 4.601-1 Procedures. 4.601-2 Limitations. 4.601-3 Appraisal. 4.602 Statement of just compensation.

Sec.

§ 4.102-2 Administrator. 4.603 Equal interest in improvements to be

The Administrator of the Environ. acquired.

mental Protection Agency or his desig. 4.604 Notice to occupants. 4.605 Acquisition of improvements.

nee. 4.606 Transfer of title expenses.

8 4.102-3 Business. 4.607 Litigation expenses. 4.608 Real property provided by State A lawful activity, other than a farm agency for an EPA project.

operation, conducted primarily,

(a) For the purchase, sale, lease, or APPENDIX A-RECORDS

rental of personal and real property, APPENDIX B-DIRECTORY: REGIONAL AND AREA OFFICES, DEPARTMENT OF HOUSING

or the manufacture, processing, or AND URBAN DEVELOPMENT

marketing of products, commodities,

or other personal property; AUTHORITY: Sec. 213 of the Uniform Relo

(b) For the sale of services to the cation Assistance and Real Property Acquisition Policies Act of 1970, Pub. L. 91-646

public; (84 Stat. 1894).

(c) By a nonprofit organization; or

(d) Solely for the purposes of section SOURCE: 39 FR 10362, Mar. 19, 1974, unless

202(a) of the act, for assisting in the otherwise noted.

purchase, sale, resale, manufacture,

processing, or marketing of products, Subpart A-General

commodities, personal property, or

services by the erection and mainte8 4.100 Purpose and policy.

nance of an outdoor advertising dis(a) This part implements the Uni

play or displays, whether or not such form Relocation Assistance and Real

display or displays are located on the Property Acquisition Policies Act of

premises on which any of the above 1970 which provides for the uniform

activities are conducted. Section 202(a) and equitable treatment of persons

provides entitlement to payment for displaced from their homes, business

actual reasonable moving and related es, or farms by Federal and federally

expenses. assisted projects and establishes uni

§ 4.102-4 Displacing agency. form and equitable land acquisition policies for Federal and federally-as

The Environmental Protection sisted programs.

Agency in the case of an EPA project (b) In implementing the act, it is the

or a State agency (8 4.102-14) in the

case of a project receiving financial aspolicy of the Environmental Protection Agency to deal consistently and

sistance from EPA. fairly with all persons whose property

8 4.102-5 Dwelling. is taken for public projects and all persons who are displaced from their

The place of permanent or customhomes, businesses or farms.

ary and usual abode of a person. It in

cludes a single family building, a one8 4.101 Applicability.

family unit in a multifamily building,

a unit of a condominium or co-operaThis part applies to EPA projects

tive housing project, and any other and to EPA assisted projects which

residential unit, including a mobile after January 1, 1971, cause the displacement of persons or the acquisi.

home, which is either considered to be tion of real property.

real property under State law or

which cannot be moved without sub8 4.102 Definitions.

stantial damage or unreasonable cost. As used in this part

8 4.102-6 Economic rent.

The amount of rent a displaced § 4.102-1 The Act.

homeowner or tenant would have to The Uniform Relocation Assistance pay for a comparable dwelling in an and Real Property Acquisition Policies area similar to the neighborhood in Act of 1970, Pub. L. 91-646 (84 Stat. which the displacement dwelling is lo1894) approved January 2, 1971.

cated.

8 4.102-7 Family.

ministrator, warrants consideration as Two or more individuals who are re

ownership. In the case of one who has lated by blood, adoption, marriage, or

on marriage or succeeded to any of the foregoing inlegal guardianship who live together

terests by devise, bequest, inheritance as a family unit. Others who live to

or operation of law, the tenure of owngether as a family unit may be treated ership, not occupancy, of the succeedas if they were a family, upon determi. ing owner shall include the tenure of nation by the Administrator.

the preceding owner. 8 4.102-8 Farm operation.

8 4.102–13 Person. A lawful activity conducted solely or Any individual, partnership, corpoprimarily for the production of one or ration or association. more agricultural products or commodities, including timber, for sale or 8 4.102-14 State agency. home use and customarily producing A department, public body, agency those products or commodities in suf

or instrumentality of a State or of a ficient quantity to be capable of pro

political subdivision of a State, or any viding at least one-third of the opera

department, agency or instrumentality tor's income. Where such operation is

of two or more States or of two or obviously a farm operation, however,

more political subdivisions of a State it need not contribute one-third to the

or States, the National Capital Housoperator's income for him to be eligi

181 · ing Authority and the District of Coble for relocation payments.

lumbia Redevelopment Land Agency. 8 4.102-9 Federally assisted.

8 4.102–15 Tenant. With respect to States or State agencies, assisted by a contract, grant, loan,

An individual or family who rents, or or contribution by the United States,

is temporarily in lawful possession of a except any Federal guarantee or insur

dwelling, including a sleeping room. ance and any annual payment or capi. tal loan to the District of Columbia.

8 4.103 Displaced person; qualifications.

(a) Subject to the exceptions of 8 4.102-10 Initiation of negotiations. paragraphs (d) and (e) of this section,

The date on which the displacing a person qualifies as a displaced agency makes the first personal con person if, after January 1, 1971, he tact with the property owner or his moves from real property, or moves representative and furnishes him with his personal property from real propa written offer to purchase real prop erty, as a result of the acquisition of erty.

that real property, in whole or in part,

or as the result of the written order of 8 4.102-11 Mortgage.

the acquiring agency to vacate real A lien commonly given to secure an property, for a program or project unadvance on, or the unpaid purchase dertaken by EPA or with EPA finanprice of, real property under the laws cial assistance. of the State in which real property is (b) A person who moves from real located, together with any credit in property, or moves his personal propstruments secured thereby.

erty from real property, as a result of

the acquisition of, or the written order 8 4.102-12 Owner.

of the acquiring agency to vacate, A person who holds fee title, a life other real property on which such estate, a 99-year lease, or an interest in person conducts a business or farm opa cooperative housing project which eration (and the acquisition of that includes the right of occupancy of a other real property is for an EPA or dwelling unit, or is the contract pur EPA-assisted project) is a displaced chaser of any such estate or interest, person solely for the purposes of secor who is possessed of such other pro- tions 202(a), 202(b) and 205 of the act. prietary interest in the property ac- Those sections provide for entitlement quired as, in the judgment of the Ad- to payment for moving and related expenses and to relocation assistance ad- claimant. The decision will be in writ. visory services.

ing, and state the facts and law upon (c) A person may qualify as a dis- which it is based. A copy of the deciplaced person regardless of:

sion will be furnished to the person (1) Whether the property is acquired aggrieved. The decision will constitute by EPA or by a State agency receiving the final EPA decision on the applicaassistance from EPA;

tion for payment. (2) The name or status of the person (b) EPA-assisted projects. An appliwho acquires or holds fee title to the cant for a payment under an EPA asproperty; or

sisted project who is aggrieved by a (3) Whether EPA funds contribute displacing agency's determination as to the payment for the property, if to the applicant's eligibility for pay. the property must be acquired for an ment or the amount of the payment EPA or EPA-assisted program or proj may appeal that determination in acect.

cordance with the procedures estab(d) A person, other than the former lished by the displacing agency. Each owner or tenant, who enters into displacing agency shall establish prorental occupancy of real property cedures for reviewing appeals by agafter its ownership passes to the dis- grieved applicants for payments. The placing agency, does not qualify as a procedures shall insure that: displaced person for purposes of this (1) Each applicant has the opportupart.

nity for oral and written presentation (e) A person who enters into occu

and the right to have counsel participancy of real property after the initi

pate in such presentation; ation of negotiations for that property

(2) Each appeal will be decided or after the issuance of a notice of

promptly; intent to acquire that property by a

(3) Each appeal decision will include given date, does not qualify as a dis

a written statement of the reasons placed person for purposes of this

upon which it is based and a copy of part.

such decision will be furnished the ap8 4.104 Appeals.

pellant;

(4) Prompt payment is made of any (a) EPA administered projects. Any

amounts which are determined to be person aggrieved by a determination

due the claimant. made by EPA, in connection with an

(5) The agency retains all documents EPA project or program, concerning

associated with each appeal; and the eligibility for, or amount of, any

(6) Each appellant applicant has a payment to such person under the reg

final appeal to the head of the displaculations in this part, may appeal to have his application reviewed by the

ing agency. Administrator. Appeals shall be sub

8 4.105 Records. mitted in writing and addressed to the Administrator, Environmental Protec

Each displacing agency shall maintion Agency, Washington, D.C. 20460. tain relocation records in accordance No appeal will be considered unless it with the requirements of Appendix A is received by the Administrator

to this part and make them available within 90 days of the date of receipt

during regular business hours for inby the person aggrieved of written

spection by the Administrator. The recdenial, in whole or in part, of his ap

ords shall be retained by the agency plication for payment. The appeal for at least 3 years after completion of should include written substantiation. à project. An appeal may be presented by the at

8 4.106 Application for benefits. torney of the person aggrieved or by the person himself. The Administrator Application for benefits under the shall promptly issue a decision on the Uniform Relocation Assistance and appeal, which decision may either Real Property Acquisition Policies Act uphold the original determination or of 1970 are to be made within eighteen allow prompt payment of any amounts months from the date on which the which are determined to be due the displaced person moves from the real

property acquired or to be acquired; or the date the displacing agency makes final payment of all costs of that real property, whichever is the later date. The Administrator may extend this period upon a proper showing of good cause.

84.107 Payment not to be considered

income. Displacing agencies must advise all displaced persons that no payment received under Title II of the Act shall be considered as income for the purposes of the Internal Revenue Code of 1954, or for the purposes of determining eligibility of any person for assistance under the Social Security Act or any other Federal law.

as deemed necessary by the displacing agency of personal property, and reconnection of utilities for machinery, equipment, appliances, and other items, not acquired as real property. Prior to payment of any expenses for removal and reinstallation of such property, the displaced person shall be required to agree in writing that the property is personal and that the displacing agency is released from any payment for the property.

(g) Property lost, stolen, or damaged (not caused by the fault or negligence of the displaced person, his agency or employees) in the process of moving, where insurance to cover such loss or damage is not available.

(h) Such other actual reasonable expenses determined by the Administrator to be allowable and directly attributable to moving because of displacement.

Subpart B-Moving and Related

Expenses

$ 4.200 General.

Any displaced person, including one who conducts a business or farm operation, is eligible to receive a payment for moving expense. A displaced person may elect to receive actual reasonable moving and related expenses or a fixed moving expense allowance.

8 4.201 Payment of actual moving and re

lated expenses. 8 4.201-1 Allowable moving expenses.

(a) Transportation of individuals, families, and personal property from the acquired site to the replacement site, not to exceed a distance of 50 miles, except where the displacing agency determines that relocation beyond this 50 mile area is justified.

(b) Packing, unpacking, crating, and uncrating of personal property.

(c) Advertising for packing, crating, and transportation when the displacing agency determines that it is neces. sary.

(d) Storage of personal property for a period generally not to exceed 12 months when the displacing agency determines that storage is necessary in connection with relocation.

(e) Insurance premiums covering loss and damage of personal property while in storage or transit.

(f) Removal, reinstallation, reestablishment, including such modification

& 4.201-2 Limitations.

(a) When the displaced person accomplishes the move himself, the amount of payment shall not exceed the estimated cost of moving commercially, unless the Administrator determines a greater amount is justified.

(b) When an item of personal property which is used in connection with any business or farm operation is not moved but sold and promptly replaced with a comparable item, reimbursement shall not exceed the replacement cost minus the proceeds received from the sale, or the estimated costs of moving, whichever is less.

(c) When personal property which is used in connection with any business or farm operation to be moved is of low value and high bulk, and the cost of moving would be disproportionate in relation to the value, in the judgment of the head of the displacing agency, the allowable reimbursement for the expense of moving the personal property shall not exceed the difference between the amount which would have been received for such item on liquidation and the cost of replacing the same with a comparable item available on the market. This provi. sion will be applicable in the case of moving of junk yards, stockpiled sand,

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