in the displacement of any person on or after January 2, 1971, shall be amended to include the cost of providing payments and services under this subpart and subpart I of this part. If the Administrator determines it is necessary for the expeditious completion of a program or project he may advance to the State agency the Federal share of the cost of any payment or assistance by such State agency pursuant to sections 206, 210, 215, and 305 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.

Subpart D-Relocation Assistance Advisory Programs

The displacing agency shall carry out a relocation assistance advisory program. The program shall provide for

(a) Explaining to displaced persons the relocation assistance and payments that are available;

(b) Assisting displaced persons to complete applications required for payments;

(c) Determining the needs of displaced persons for relocation assistance;

(d) Informing displaced persons as to the availability and costs of comparable replacement dwellings and comparable locations for displaced business and farm operations;

(e) Assisting each displaced person to obtain and move to a comparable replacement dwelling;

(f) Informing displaced persons as to Federal and State housing programs; and

(g) Providing counsel and advice to displaced persons that will minimize the hardships associated with adjusting to a new location.

§ 4.77 Organizational requirements.

The organization and procedures of the displacing agency for carrying out a relocation assistance advisory program shall include provisions for:

(a) Assigning at least one person whose primary responsibility is to provide relocation assistance for one or more projects.

(b) Establishing a local relocation office for each project where the agency determines that the volume of work or the needs of the displaced persons so require.

(c) Maintaining and providing the following information for each project:

(1) Lists of replacement dwellings available to persons without regard to race, color, religion, or national origin drawn from various sources, suitable in price, size, and condition for displaced persons.

(2) Current information as to security deposits, closing costs, typical down payments, interest rates, and terms for residential real property in the area.

(3) Maps showing the location of schools, parks, playgrounds, shopping, and public transportation routes in the area.

(4) Schedules and costs of public transportation in the area.

(5) Copies of the agency's brochure explaining its relocation program, local ordinances pertaining to housing, building codes, open housing, consumer education literature on housing, shelter costs, and family budgeting.

(6) Subscriptions for apartment directory services, neighborhood and metropolitan newspapers, and where available, multiple listing services.

§ 4.79 Coordination with other agencies.

(a) The displacing agency shall coordinate its relocation assistance activities with the local officials of the Federal Housing Administration and Veterans Administration responsible for making properties acquired by those agencies available for direct sale to persons to be relocated as a result of governmental action.

(b) The person assigned by the agency to provide relocation assistance for a particular project shall maintain personal contact and exchange information with

welfare agencies, urban renewal agencies, redevelopment authorities, public housing authorities, the Federal Housing Administration, the Veterans Administration, the Small Business Administration and other agencies providing services to displaced persons. He shall also collect and maintain information on private replacement properties in the area of the project through personal contact with real estate brokers, real estate boards, property managers, apartment owners and operators. and home building

contractors.

§ 4.81 Public information; general.

(a) To insure public awareness of its relocation assistance advisory program, the displacing agency shall provide an opportunity for presentation of information and discussion of relocation services and payments at public hearings, prepare a relocation brochure, and give full and adequate public notice of the relocation program for each project to which this part applies.

(b) In areas where a language other than English is predominant, public information shall be published in the predominant language as well as in English. § 4.83 Public information; hearings.

(a) The information to be presented at a public hearing shall include

(1) Eligibility requirements, payment procedures, and limitations for moving expenses and replacement housing;

(2) A description of the expenses incidental to transfer of property that will be paid;

(3) Appeal procedures;

(4) A description of how relocation assistance and services will be provided;

(5) The address and telephone number of the local office of the State agency and the name of the relocation officer in charge;

(6) The identity, local address, and telephone number of any other cooperating agency;

(7) An estimate of the number of individuals or families, businesses, and farm operations to be relocated;

(8) The estimated number of dwelling units presently available to meet the replacement housing needs; and

(9) An estimate of the time necessary for relocation and the number of comparable replacement dwellings that will become available during that period.

(b) The extent of the presentation should depend on the comprehensiveness

of the brochure. If the brochure covers a particular item in detail, it is sufficient to merely highlight what the brochure contains. If a particular item is not applicable to the project, it is not necessary to discuss the item in detail.

§ 4.85 Public information; brochure.

The displacing agency shall prepare a brochure which fully describes its relocation assistance advisory program, including information on payments for replacement housing and moving expenses. The brochure shall be distributed free of charge at all public hearings and given to any displaced person upon request. The brochure shall state where copies of any regulations implementing the relocation assistance program may be obtained.

§ 4.87 Public information; announce

ments.

The displacing agency shall provide brief public announcements of the relocation services, payments, and where the brochure describing the relocation program can be obtained. Public announcements shall be made through types of mass media that are familiar to persons who will be displaced by the project, such as local newspapers, radio, television, or posted advertisements.

§ 4.89 Public information; notices.

Within 15 days after approval to begin any phase of a project which will cause the displacement of any person, the displacing agency shall post notices of acquisition in adequate numbers and in places accessible to occupants of dwellings to be taken for the project. In addition, an adequate number of advertisements shall be run in newspapers normally read by occupants of dwellings to be taken. The posted notices and newspaper advertisements shall

(a) State the date approval was given for that phase of the project;

(b) Define the area of the project; (c) Advise occupants of the area of the eligibility requirements for receiving moving and replacement housing payments;

(d) Advise occupants to notify the agency before moving to insure eligibility for moving and replacement housing payments;

(e) Advise homeowners that to be eligible for relocation benefits they must sell to the agency; and

(a) The displacing agency shall deliver to each displaced person either in person or by certified mail, return receipt requested

(1) A brochure explaining the relocation assistance advisory program; and

(2) If it is not included in the brochure, a notice stating the eligibility requirements for payments for replacement housing and moving expenses.

(b) In addition to the information furnished under paragraph (a) of this section, the displacing agency shall deliver to each displaced homeowner or tenant, either in person or by certified mail, return receipt requested, a written statement setting forth the optional types and the actual amount of replacement housing payments to which they are entitled.

(c) The information required by paragraphs (a) and (b) of this section shall be furnished

(1) To homeowners not later than the initiation of negotiations for the property or the issuance of a written notice of intent to acquire the property by a definite date, as the case may be; and

(2) To tenants within 7 days after the initiation of negotiations for the property or the issuance of a written notice of intent to acquire the property by a definite date; as the case may be.

(d) The displacing agency shall notify each displaced person of his right of appeal under § 4.37.

Subpart E-Moving and Related
Expenses

Federal or federally assisted program administered by the Environmental Protection Agency.

§ 4.113 Eligibility not dependent on length of occupancy.

A displaced person's eligibility for payment of moving and related expenses is not affected by the length of time that he occupied the real property from which he is displaced.

§ 4.115 Payment limited to one move; exception.

(a) Except as provided by paragraph (b) of this section, payment of a displaced person's moving and related expenses may not be made for more than one move in connection with a particular project.

(b) If the Administrator considers it to be in the public interest he may authorize payment of a displaced person's moving and related expenses for additional moves.

§ 4.117 Family treated as person.

For the purpose of this subpart, the term "person" includes two or more individuals living together in the same dwelling as a single family unit and who are related to each other by blood, marriage, adoption, or legal guardianship. § 4.119 Noneligibility notice to rental occupants required.

If an agency rents out real property acquired in connection with a project to which this part applies, it shall notify the tenant and State in the rental agreement that the tenant will not be eligible for payment of displacement, moving, and related expenses under this subpart. § 4.121 Moving expenses; application and payment.

(a) Upon application by a displaced person for payment of moving and related expenses, the displacing agency shall

(1) Pay those expenses in accordance with this subpart; or

(2) If the applicant elects to receive it, pay him a fixed allowance in accordance with Subpart F of this part.

(b) The application shall be in writing and filed with the displacing agency no later than 1 year after either the date of acquisition of the dwelling by the agency or the date the applicant vacated the dwelling, whichever is later. The application shall include an itemization of

the expenses involved and, except as provided in paragraphs (d) and (e) of this section, shall be supported by receipts and such other evidence as the displacing agency may require.

(c) A displaced person may not be paid for his moving expenses in advance of the actual move unless the displacing agency finds that a hardship would otherwise result.

(d) If a displaced person, his mover, and the displacing agency agree by prearrangement in writing, the displaced person may submit an unpaid bill for moving expenses for direct payment.

(e) If the displacing agency contracts with independent movers on a schedule basis and provides a displaced person with a list of movers he may choose from to move his personal property, payment shall be made directly to the mover.

(f) In the case of a self-move by a displaced person, the amount of payment for actual reasonable moving expenses may not exceed the cost of having the move accomplished by a commercial mover.

A displaced person is not entitled to be paid for

(a) Additional expenses incurred because of living in a new location;

(b) Cost of moving structures or other improvements to real property which are reserved by the displaced person;

(c) Improvements to the replacement site, except when required by law;

(d) Interest on loans to cover moving expenses;

(e) Loss of good will;

(f) Loss of profits;

(g) Loss of trained employees;
(h) Personal injury;

(1) Cost of preparing the application for moving and related expenses; or (j) Modification of personal property to adapt it to replacement site, except when required by law.

§ 4.125 Moving expenses; occupants of dwellings.

(a) Except as provided in § 4.123, persons displaced from dwellings are entitled to be paid actual reasonable expenses for

(1) Transporting themselves and their personal property from the displacement site to a replacement site, but not more than 50 miles unless the displacing agency finds that the dis

placed person cannot relocate within that distance;

(2) Packing, crating, and, if the displacing agency finds it necessary, storing their personal property for not more than 6 months;

(3) If the displacing agency finds it necessary, advertising for packing, crating, storing, or transporting their personal property;

(4) Insuring against loss or damage of their personal property while in storage or transit; and

(5) Removing and reinstalling a household appliance, including reconnecting utilities, if

(1) It is not acquired by the displaceing agency as real property;

(ii) The displaced person agrees in writing that the appliance is personal property and releases the displacing agency from paying for it; and

(iii) It is not a real property improvement to the location site, unless reinstallation is otherwise required by

(a) Except as provided in § 4.123, a displaced person who conducts a business or farm operation which is discontinued or relocated is entitled to actual reasonable expenses for

(1) Transporting his personal property from the displacement site to a replacement site, but not more than 50 miles, unless, in the case of relocation, the displacing agency finds that the business or farm operation cannot be relocated within that distance;

(2) Packing, crating, and, if the displacing agency finds it necessary, storing his personal property for not more than 6 months;

(3) If the displacing agency finds it necessary, advertising for packing, crating, storing, or transporting his personal property;

(4) Insuring against loss or damage of his personal property while in storage or transit;

(5) Removing and reinstalling machinery and equipment including reconnecting utilities, if—

(i) It is not acquired by the displacing agency as real property;

(ii) The displaced person agrees in writing that the machinery or equipment is personal property and releases the displacing agency from paying it; and

(iii) It is not a real property improvement to the location site, unless the reinstallation is otherwise required by law; and

(6) Searching for a replacement business or farm operation, to the extent those expenses meet the requirements of § 4.135.

(b) A displaced person who conducts a business or farm operation which is discontinued or relocated is entitled to the actual direct losses of personal property resulting from the discontinuation or move, to the extent those losses meet the requirements of § 4.133.

(c) A displaced person who conducts a business or farm operation which is relocated is entitled to be reimbursed for uninsurable loss or damage of his personal property while in the process of moving, if the loss or damage is not the result of his fault or negligence.

§ 4.129 Moving expenses; advertising businesses.

A displaced person who conducts a lawful activity primarily for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of outdoor advertising displays, whether or not the displays are located on the premises on which any of those activities are conducted, is entitled to the moving expenses described in § 4.127.

§ 4.131 Low value, high bulk property; businesses and farm operations.

In the case of low value, high bulk personal property, such as junk, stockpiled sand, gravel, minerals, metals, or similar items, used in connection with a relocated business or farm operation, payment for actual reasonable moving expenses may not be more than the cost of replacing that property at the relocation site less the amount for which it could be sold at the displacement site.

§ 4.133 Actual direct losses; businesses and farm operations.

(a) Subject to the requirements and limitations in paragraphs (b) through (f) of this section, a displaced person who conducts a business or farm opera

tion is entitled to payment for actual direct losses of personal property that is used in connection with the business or farm operation but is—

(1) No longer needed because the business or farm operation is being discontinued; or

(2) Not being moved to a relocation site because it is not suitable for use there.

(b) If a business or farm operation is relocated, payment for actual direct losses of personal property may not be more than the amount the displacing agency determines the reasonable moving expenses would be for moving that property to the relocation site.

(c) A displaced person who conducts a business or farm operation shall make a bona fide effort to sell personal property he does not move.

(d) If a displaced person relocates a business or farm operation and sells an item of personal property that he does not move and promptly replaces it with a comparable item, payment for actual direct loss of the original item may not be more than the replacement cost less its sale price, or the cost of moving the original item, whichever is less.

(e) If a displaced person discontinues a business or farm operation and sells an item of personal property, payment for actual direct loss of that item may not be more than the inplace value of the item less its sale price, or the cost of moving it, whichever is less.

(f) If a displaced person who conducts a business or farm operation abandons an item of personal property after making a bona fide effort to sell that property, payment for the actual direct loss of that item may not be more than the inplace value of the item less what its sale price would have been, or the cost of moving it, whichever is less.

§ 4.135 Expenses in searching for replacement business or farm opera

tion.

(a) Except as provided in paragraph (b) of this section, a displaced person who conducts a business or farm operation is entitled to not more than $500, or such higher amount as the displacing agency considers justified under the circumstances, for actual reasonable expenses in searching for a replacement business or farm operation including(1) Cost of travel;

(2) Cost for meals and lodging;

(3) An amount for time spent searching, based on the salary or earnings of