« PreviousContinue »
lawful possession of a dwelling, includ- fore the agency is to acquire title or the ing a sleeping room.
right to possession.
(d) A person, other than the former § 4.5 Applicability.
owner or tenant, who enters into rental This part applies to projects which are occupancy of real property after its ownpart of a Federal or federally-assisted ership passes to the displacing agency, program administered by the Environ- does not qualify as a displaced person mental Protection Agency and which, for the purposes of this part. after January 1, 1971, cause the displace- (e) A person who enters into ocment of persons or the acquisition of cupancy of real property after the initia. real property.
tion of negotiations for that property or $ 4.7 Displaced person; qualifications.
the issuance of a notice of intent to ac
quire that property by a given date, as (a) Subject to the requirements of
the case may be, does not qualify as a disparagraphs (c), (d), and (e) of this sec
placed person for the purposes of this tion, a person qualifies as a displaced per
part. son for the purposes of this part if after January 1, 1971, he moves from real
§ 4.11 Comparable replacement dwell. property, or moves his personal property
ing; requirements. from real property, on which he resides A dwelling is a comparable replaceor conducts a business or farm opera- ment dwelling for the purposes of this tion, and the move is a direct result of part if it is
(1) The initiation of negotiations for (a) Decent, safe, and sanitary; the real property;
(b) Functionally equivalent and sub(2) A written notice from the displac- stantially the same as the dwelling being ing agency of its intent to acquire the acquired with respect to real property by a definite date; or
(1) Number of rooms; (3) A written order from the displac- (2) Area of living space; ing agency to vacate the real property; (3) Age; and for a project undertaken by the Environ- (4) State of repair. mental Protection Agency or a State (c) In an area not generally less deagency receiving Federal financial assist- sirable than the dwelling being acquired ance from EPA.
with respect to (b) A person may qualify as a dis- (1) Public utilities; and placed person, regardless of
(2) Public and commercial facilities. (1) Whether the property is acquired (d) Reasonably accessible to the place by a Federal or State agency;
of employment of the head of the dis(2) The method of acquisition;
placed family or the displaced individ(3) The name or status of the person ual, as the case may be; who acquires or holds fee title to the (e) Adequate to accommodate the disproperty; or
placed family or individual; (4) Whether Federal funds contribute (f) In an equal or better neighbordirectly to the payment for the property, hood; if the property must be acquired for a (g) Available on the market; and Federal or federally-assisted program or (h) Within the financial means of the project, and the end result is to serve displaced family or individual. or be considered to serve in the public interest.
& 4.13 Decent, safe, and sanitary dwell.
ing; requirements. (c) A person does not qualify as a displaced person under paragraph (a) (1) (a) A dwelling is decent, safe, and or (2) of this section until
sanitary for the purposes of this part if (1) The displacing agency becomes
it entitled to possession of the real prop- (1) Meets the applicable State or local erty under an agreement or a court order building, plumbing, electrical, housing, in a condemnation proceeding for ac- and occupancy codes or similar ordiquiring the property;
nances or regulations for existing struc(2) The owner conveys title to the real tures; property to the displacing agency; or
(2) Has a continuing and adequate (3) The owner and the displacing supply of potable safe water; agency enter into a contract for the pur- (3) Has a kitchen or an area set aside chase of the real property, but only if the for kitchen use which contains a sink in real property is not to be reoccupied be- good working condition and connected
to hot and cold water, and properly con- gin and consistent with the requirements nected to a sewage disposal system;
of title VIII of the Civil Rights Act of (4) Has a stove and refrigerator in 1968. good operating condition, if required by (b) If the applicable local housing local code, ordinance, or custom, or, if code does not conform to all the requirenot so required, utility service connec- ments of paragraph (a) of this section tions and adequate space for these in- but is reasonably comparable, the stallations in the kitchen or area set agency providing relocation assistance aside for kitchen use;
may submit a copy of the local code to the (5) Except in a geographical area Administrator for approval as acceptable where it is not normally included in new standards for decent, safe, and sanitary housing, has an adequate heating system housing. in good working order capable of main- (c) In case of extreme hardship or taining a minimum temperature of 70° other similar extenuating circumstances F. in the living area (not including the involving a displaced individual or fambedrooms) under local outdoor design ily, the displacing agency may, with the temperature conditions;
concurrence of the Administrator, waive (6) Has a bathroom, well lighted and any requirement of paragraph (a) (1) ventilated and affording privacy to a through (11) of this section. person within it, containing a lavatory
§ 4.17 Decent, safe, and sanitary rental and a bathtub or shower stall, properly
sleeping rooms; requirements. connected to an adequate supply of hot
(a) A rental sleeping room is decent, and cold running water, and a flush toilet, all in good working order and safe, and sanitary for the purposes of properly connected to a sewage disposal
this part if it system;
(1) Meets the applicable State or local (7) Has an electrical wiring system in
building, plumbing, electrical, housing, each room;
and occupancy codes or similar ordi(8) Is structurally sound, clean, nances or regulations for existing strucweathertight, and in good repair and
tures; adequately maintained;
(2) Except in a geographical area (9) Has a safe, unobstructed means of
where it is not normally included in new egress leading to a safe open space at
housing, has an adequate heating sysground level and, in the case of a multi
tem in good working order which will dwelling building, access from each
maintain a minimum temperature of dwelling unit directly or through a com
70° F. under local outdoor design temmon corridor to a means of egress to a
perature conditions; safe open space at ground level and, in
(3) Has an electrical wiring system; the case of a multidwelling building of (4) Is structurally sound, clean, more than two stories, at least two means weathertight, and in good repair and of egress from the common corridor on adequately maintained; each story;
(5) Has & safe, unobstructed means of (10) Has sleeping, living, cooking, and egress leading to a safe open space at dining floor space (exclusive of such en- ground level and, in the case of a roomclosed spaces as closets, pantries, bath ing house, access from each sleeping room or toilet rooms, service rooms, connecting directly or through a common corridor corridors, laundries, unfurnished attics, to a means of egress to a safe open space foyers, storage spaces, cellars, utility at ground level and, in the case of a rooms (or similar spaces) which
rooming house of more than two stories, (i) Measures at least 150 square feet
at least two means of egress from the for the first occupant and 100 square
common corridor on each story; feet (70 square feet in the case of a (6) Is reasonably convenient to commobile home) for each additional occu- munity services such as schools, stores pant;
and public transportation; (ii) Is subdivided into adequately ven- (7) Has at least 100 square feet of habtilated rooms sufficient to accommodate itable floor space for the first occupant the occupants;
and 50 square feet of habitable floor (11) Is reasonably convenient to com- space for each additional occupant; and munity services including schools, stores, (8) Has use of a bathroom, well lighted and public transportation; and
and ventilated and afforded privacy to (12) Open to all persons regardless of a person within it, including a door that race, color, religion, sex, or national ori- can be locked if the facilities are separate from the sleeping room, containing a (2) Relocation assistance programs lavatory and a bathtub or shower stall, offering the services described in Subpart properly connected to an adequate sup- D of this part will be provided for disply of hot and cold running water, and placed persons; a flush toilet, all in good working order (3) The public was or will be adeand properly connected to a sewage dis- quately informed of the relocation payposal system.
ments and services which will be avail(9) Open to all persons regardless of able under Subparts D, E, F, and G of race, color, religion, sex, or national ori- this part; and gin and consistent with the requirements (4) Comparable replacement dwellof title VIII of the Civil Rights Act of ings will be available, or provided if 1968.
necessary, a reasonable period in advance (b) If the applicable local housing of the time any person is to be displaced. code does not meet all the requirements (b) EPA may not proceed with any of paragraph (a) of this section but is phase of a Federal project if that phase reasonably comparable, the agency pro- will cause the displacement of any person viding relocation assistance may submit until it is determined that a copy of the local code to the Admin
(1) Based on a current survey and istrator for approval as acceptable stand
analysis of available replacement housards for decent, safe, and sanitary ing and in consideration of competing housing.
demands for that housing, comparable (c) In case of extreme hardship or replacement dwellings will be available other similar extenuating circumstances within a reasonable period of time prior involving a displaced individual or fam- to displacement; and ily, the displacing agency may, with the
(2) Adequate provisions have been concurrence of the Administrator, waive made to provide orderly, timely, and any requirement of paragraph (a) (1) efficient relocation of displaced individthrough (8) of this section.
uals and families to comparable replace§ 4.19 Records.
ment dwellings with minimum ha nip
to those affected. Each displacing agency shall maintain relocation records in accordance with
& 4.35 Determinations; acquisition of the requirements of appendix A to this
real property. part and make them available during No Federal project to which this part regular business hours for inspection by applies and which will result in the acthe Adininistrator. The records shall be quisition of real property shall be apretained by the agency for at least 3 proved until the Administrator deteryears after completion of a project. mines that adequate provisions have been
made to Subpart B-Requirements for Federal
(a) Fully comply with the requireProjects
ments of Subpart I, of this part; and & 4.31 Scope.
(b) Inform the public of the acquisiThis subpart prescribes requirements
tion policies, requirements, and paygoverning the administration of real ments which will apply to the project. property acquisition and relocation as- 8 4.37 Appeals. sistance for displaced persons for projects which are part of a Federal program
Any person aggrieved by a determinaadministered by the Environmental Pro
tion made by EPA, in connection with a tection Agency.
Federal project or program, concerning
the eligibility for, or amount of, any pay$ 4.33 Determinations; displacement of
ment to such person under the regulapersons.
tions in this part, may appeal from such (a) No Federal project to which this determination to the Administrator. Appart applies which will result in the dis- peals shall be submitted in writing and placement of any person shall be ap- addressed to the Administrator, Enviproved by EPA until the Administrator ronmental Protection Agency, Washingdetermines that
ton, D.C. 20460. No appeal will be con(1) Fair and reasonable relocation sidered unless it is received by the Adpayments will be provided to displaced ministrator within 90 days of the date persons as required by Subparts E, F, and of receipt by the person aggrieved of G of this part;
written denial, in whole or in part, of his
application for payment. The appeal of any person, a State agency shall subshould include written substantiation of mit a relocation plan to EPA. The relothe appeal. An appeal may be presented cation plan shall include: by the attorney of the person aggrieved (1) An inventory of the characteror by the person himself. The Adminis
istics and needs of persons to be distrator his designated representative
placed. This inventory may be based shall promptly issue a decision on the
upon a representative sampling process
rather than a complete occupancy appeal, which decision may either up
survey. hold the original determination or allow
(2) An estimated inventory of curthe claimed relief in whole or ir. part.
rently available comparable replaceThe decision shall be reduced to writing,
ment dwellings. and shall state the facts and law upon
(3) Identification of any phase of the which it is based. A copy of the decision
project which will require the displaceshall be furnished to the person ag- ment of any person. grieved. The decision shall constitute the
(4) An analysis of the information refinal EPA decision on the application for quired by subparagraphs (1), (2), and payment.
(3) of this paragraph which
(i) Discusses relocation problems and $ 4.39 State agency providing real property for a Federal project.
(ii) Provides an analysis of Federal, (a) Whenever a State agency is obli- State, and community programs curgated to provide the necessary real rently in operation in the project area property incident to a Federal project, which will affect the availability of the Environmental Protection Agency housing; may not accept that real property until (iii) Provides information on concurit is determined that the State agency rent displacement and relocation by has carried out all the requirements of other governmental agencies or private this subpart. However, until July 1, 1972, concerns; this section is applicable to a State (iv) Describes the methods to be used agency only to the extent that agency is
to relocate displaced persons; and able to meet the requirements of this (V) Explains the amount of lead time subpart under State law.
necessary to carry out a timely, orderly, (b) The cost to a State agency of pro- and humane relocation program. viding the payments and services re
(b) Before beginning any phase of a quired by this subpart shall be paid in
project receiving Federal financial asthe same manner and to the same extent
sistance, which phase will require the as the cost of the real property acquired displacement of any person, a State for the project. However, until July 1,
agency shall submit to EPA a complete 1972, the Environmental Protection
statement of the procedure it will follow Agency will pay a State agency the full
in furnishing relocation services and amount of the first $25,000 of the cost of
making payments. The statement shall providing payments and services for any include: displaced person.
(1) A declaration of understanding
that the Uniform Relocation Assistance Subpart C-Requirements for
and Real Property Acquisition Policies Federally Assisted Projects
Act of 1970, and this regulation, are ap& 4.51 Scope.
plicable to federally assisted projects This subpart prescribes requirements
including those projects on which real
property acquisition is financed by State governing the administration of real
money, but where Federal financial asproperty acquisition and relocation assistance for displaced persons for proj
sistance will be used in construction.
(2) A description of procedures to be ects which are part of a federally assisted program administered by the
used to provide public information Environmental Protection Agency.
through brochures, public hearings,
newspapers, radio, television, and other & 4.53 State agency required to submit means of available assistance and pay
relocation plan and statement of re- ments to displaced persons. A copy of location procedure.
brochures shall be appended. (a) As part of its application for (3) A description of the moving exFederal financial assistance for any proj- pense payments to which displaced perect which will entail the displacement sons are entitled and the methods em
ployed in determining the amount of reasonable period of time prior to disentitlement. Schedules shall be appended placement, sufficient in number for the where applicable.
displaced persons who require them; and (4) A description of the incidental (2) The State agency relocation protransfer expenses that are payable. A cedures are realistic and are adequate to copy of a typical closing statement provide orderly, timely, and efficient reindicating those payments shall be location of displaced individuals and appended.
families to comparable replacement (5) A description of the appeal pro- dwellings with minimum hardship to cedures that are available to displaced those affected. persons.
(c) Until July 1, 1972, the require(6) A copy of all forms developed to ments of paragraphs (a) and (b) of this carry out the relocation program.
section and the requirements of $ 4.53 (7) A current survey and analysis of are applicable to a State agency only to available replacement housing and of the extent that agency is able under competing demands for such housing. State law to comply with paragraphs (a) $ 4.55 Prerequisites to EPA approval of
and (b) of this section. Federal financial assistance to project
(d) If a State agency maintains that or project phase; displacement.
it is legally unable to provide the assur
ances required by paragraphs (a) and (a) Except as provided in paragraph
(b) of this section, it shall furnish the (c) of this section, EPA will not approve
Administrator a statement specifying à grant, contract, or agreement for a
any provisions of the relocation assistFederally assisted project to which this
ance assurances required by this secpart applies which will result in the dis
tion which it is unable to provide in placement of any person until the State
whole or in part under the laws of that agency has complied with $ 4.53(a) and
State, and an opinion of its chief legal until the head of the State agency pro
official discussing the issues involved and vides the Administrator with satisfactory
citing legal authorities in support of the written assurances that:
conclusions for each representation of (1) It will provide fair and reasonable
legal inability to provide any part of the relocation payments to displaced per
required assurances. sons as required by Subparts E, F, and G of this part;
& 4.57 Assurances required; acquisition (2) It will provide relocation assist
of real property. ance programs for displaced persons of- (a) EPA will not approve a grant, fering the services described in Subpart contract, or agreement for a federally D of this part;
assisted project to which this part ap(3) It will adequately inform the pub- plies and which will result in the acquisilic of the relocation payments and serv- tion of real property until the head of ices which will be available under Sub- the State agency concerned provides the parts D, E, F, and G of this part; and Administrator with satisfactory assur
(4) Comparable replacement dwell- ances that it will ings will be available, or provided if (1) Fully comply with the requirenecessary, a reasonable period in ad- ments of subpart I of this part; and vance of the time any person is (2) Adequately inform the public of displaced.
the acquisition policies, requirements, (b) Except as provided in paragraph and payments which will apply to the (c) of this section, EPA will not author- project. ize a State agency to proceed with any However, until July 1, 1972, the rephase of a Federally assisted project if quirements of this paragraph are applithat phase will cause the displacement cable to a State agency on to the exof any person until the State agency has tent that agency is able to comply with complied with $ 4.53(b) and until the this paragraph under State law. head of the State agency provides the (b) If a State agency maintains that it Administrator with satisfactory written is legally unable to provide the assurassurances that:
ances required by paragraph (a) of this (1) Based on a current survey and section, it shall furnish the Administraanalysis of available replacement hous- tor a statement specifying any proviing and in consideration of competing sions the relocation assistance demands for that housing, comparable assurances required by this section which replacement dwellings will be available a it is unable to provide in whole or in