Page images
PDF
EPUB

mortgage lending institutions in the area.

(2) The present value of the increased interest cost shall be computed at the prevailing interest rate paid on savings deposits by commercial banks in the area. § 4.197

Incidental expenses. (a) The incidental expenses payable under $ 4.183(c) or $ 4.185(b) is the amount necessary to compensate the homeowner or tenant for actual costs incurred incident to the purchase of a decent, safe, and sanitary dwelling, including the following:

(1) Legal closing costs, including title search, preparing conveyance contracts, notary fees, surveys, preparing drawings of plots, and charges incident to recordation.

(2) Lender, FHA, or VA appraisal fees.

(3) FHA or VA application fee.

(4) Certification of structural soundness when required by the lender, FHA, or VA.

(5) Credit report.
(6) Title policies or abstract of title.
(7) Escrow agent's fee.

(8) State revenue stamps or sale or transfer taxes.

(b) An incidental expense which is part of a finance charge under the Truth in Lending Act, Title I, Public Law 90–321, and Regulation “Z” issued thereunder by the Board of Governors of the Federal Reserve System, may not be reimbursed. & 4.199 Computation of rental pay

ments; tenants. (a) The amount payable to a displaced tenant, other than a tenant of the displacing agency, for rent under $ 4.185(a) is 48 times the reasonable monthly rent for a comparable replacement dwelling, less 48 times the average month's rent paid by the displaced tenant for the last 3 months before initiation of negotiations for the acquired dwelling if that rent was reasonable, and if not reasonable 48 times the monthly economic rent for the dwelling unit as established by the displacing agency.

(b) The amount payable to a displaced tenant of the displacing agency for rent under 8 4.185(a) is 48 times the reasonable monthly rent for a comparable replacement dwelling less 48 times the monthly economic rent.

§ 4.201 Computation of rental pay

ments; homeowners. The amount payable to a displaced homeowner is 48 times the reasonable monthly rent for a comparable replacement dwelling less 48 times the monthly economic rent, but not more than the homeowner would receive if he were eligible for a payment under $ 4.183. § 4.203 Determining reasonable monthly

rent. In determining the reasonable monthly rent for a comparable replacement dwelling for the purposes of $$ 4.199 and 4.201, the displacing agency shall use one of the following methods:

(a) It may establish a schedule of monthly rents for each type of dwelling required. The schedule shall be based on an analysis of the available private market. If more than one agency is administering a project causing displacement in the area, it shall cooperate with those agencies in establishing a uniform schedule for the area.

(b) It may determine a reasonable rent by examining the rent of at least three comparable replacement dwellings available on the private market.

(c) If it finds that the methods described in paragraphs (a) and (b) of this section are not feasible, it may propose what it considers to be a feasible method to the Administrator for approval. $ 4.205 Rental payments; method of

payment. If a rental payment under $ 4.185(a) is more than $500, it shall be made in four equal annual installments. Before making an annual payment, the displacing agency shall verify that the tenant still occupies a decent, safe, and sanitary dwelling. $ 4.207 Computation of down payments.

The amount payable to a displaced homeowner or tenant for a down payment under $ 4.185(b) is the full amount of the first $2,000 of the required down payment plus one-half of any amount required over $2,000. However, the homeowner or tenant must provide the other half of any amount required over $2,000. $ 4.209

Down payments. A displaced homeowner or tenant shall apply the full amount of the pa".

ment to which he is entitled under property which is allocated to the busi$ 4.185(b) to the down payment and the ness or farm operation. incidental expenses described in the (b) The eligibility of a person to reclosing statement.

ceive a payment under $ 4.127 is not af8 4.211 Provisional payment pending

fected by this section. condemnation.

$ 4.217 Multiple occupants of a single If the exact amount of a replacement

dwelling. housing payment cannot be determined (a) If two or more families, or an inbecause of a pending condemnation suit, dividual and a family, occupy the same the displacing agency may make a pro- dwelling, each such individual or family visional replacement housing payment to that elects to relocate separately is enthe displaced homeowner based on the titled to a separately computed replaceagency's maximum offer for the prop- ment housing payment. erty, but only if the homeowner enters (b) If two or more individuals, not a into an agreement with the agency family, occupy the same dwelling, they that

shall be treated as a single family in (a) Upon final adjudication of the computing a replacement housing paycondemnation suit the replacement ment. housing payment will be recomputed on

§ 4.219 Multifamily dwelling. the basis of the acquisition price determined by the court;

In the case of a displaced homeowner (b) If the acquisition price as de- who is required to move from a onetermined by the court is greater than the family unit of a multifamily building agency's maximum offer upon which the which he owns, the replacement housing provisional replacement housing pay- payment shall be based on the cost of a ment is based, the difference shall be comparable one-family unit in a multirefunded to the agency; and

family building or a single family struc(c) If the acquisition price as deter

ture, without regard for the number of mined by the court is less than the agen

units in the building being acquired. cy's maximum offer upon which the

$ 4.221 Certificate of eligibility pending provisional replacement housing pay

purchase of replacement dwelling. ment is based, the difference shall be

Upon request by a displaced homepaid to the homeowner.

owner or tenant who has not yet pur8 4.213 Combined payments.

chased and occupied a comparable re(a) If a homeowner is eligible for

placement dwelling, but who is otherwise

eligible for a replacement housing paypayment under $ 4.183, but has pre

ment under this subpart, the displacing viously received a rental payment under $ 4.185(a), the amount of rental pay

agency shall certify to any interested

party, financial institution, or lending ment previously received shall be de

agency, that the displaced homeowner or ducted from any amount that he

tenant will be eligible for the payment receives under $ 4.183. (b) If a homeowner or tenant is eligi

of a specific sum if he purchases and oc

cupies a decent, safe, and sanitary dwellble for a down payment under $ 4.185

ing within the time limits prescribed by (b), but has previously received a rental

§ 4.181(a) (3), (b) (3), or (c)(3), as the payment under § 4.185(a), the amount

case may be. of rental payment previously received shall be deducted from the amount of

Subpart H-Relocation Assistance any down payment that he receives un

Functions Carried Out Through der $ 4.185(b).

Other Agencies § 4.215 Partial use of home for business or farm operation.

& 4.231 Authority to carry out relocation

assistance through other agencies. (a) In the case of a displaced home

To prevent unnecessary expenses and owner or tenant who has allocated part

duplication of activities, an agency that of his dwelling for use in connection with a displaced business or farm opera

is required to provide relocation services tion, a replacement housing payment or make relocation payments under this may not be paid for that part of the part may carry out any of those func

tions through the facilities, personnel, and services, of any Federal, State, or local governmental or private agency having an established organization for conducting relocation assistance programs. § 4.233 Interagency agreement required.

If the displacing agency elects to provide relocation services or make relocation payments through another agency, it shall enter into a written agreement with that agency. The agreement must be approved by the Administrator and must contain the following:

(a) An obligation on the part of the other agency to perform the services and make the relocation payments in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and this part.

(b) A requirement that the records required by $ 4.19 be retained by the other agency or turned over to the displacing agency and that they be retained for a period of at least 3 years after payment of the final voucher on each project, regardless of which agency retains them.

(c) A requirement that the records required by $ 4.19 be available for inspection by representatives of the Environmental Protection Agency at any reasonable business hour.

(d) If the contract is with a public agency administering another Federal or federally assisted program, a description of the financial responsibilities of each program to finance the relocation program required by this part.

(e) A provision acknowledging that only those costs directly chargeable to the Federal or federally assisted project are eligible for Federal funds.

(f) A provision for negotiation of major changes that become necessary in the scope, character, or estimated total cost of the work to be performed. & 4.235 Amendment of existing agree

ments required. Each agreement between a displacing agency and another agency for carrying out relocation assistance functions through the other agency that is in effect on September 1, 1971, shall be amended or supplemented as necessary to include the requirements of $ 4.233. The displacing agency shall furnish the Administrator with a copy of the

amended agreement or the existing agreement and the supplement, as the case may be. Subpart |Acquisition of Real

Property & 4.251 Scope.

This subpart prescribes requirements for the acquisition of real property in a Federal or federally-assisted program administered by the Environmental Protection Agency. 8 4.253 Real property acquisition prac

tices. (a) In acquiring real property, each displacing agency shall be the greatest extent practicable

(1) Make every reasonable effort to acquire real property expeditiously through negotiation;

(2) Before the initiation of negotiations have the real property appraised and give the owner or his representative an opportunity to accompany the appraiser during inspection of the property;

(3) Before the initiation of negotiations, establish an amount which it believes to be just compensation for the real property, and make a prompt offer to acquire the property for that amount;

(4) Before requiring any owner to surrender possession of real property

(1) Pay the agreed purchase price; or

(ii) Deposit with the court, for the benefit of the owner, an amount not less than the agency's approved appraisal of the fair market value of the property; or

(iii) Pay the amount of the award of compensation in a condemnation proceeding for the property;

(5) If interest in real property is to be acquired by exercise of the power of eminent domain, institute formal condemnation proceedings and not intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his real property; and

(6) If the acquisition of only part of a property would leave its owner with an uneconomic remnant, offer to acquire that remnant.

(b) In acquiring real property, to the greatest extent practicable an agency may not

(1) Schedule the construction or development of a public improvement that

97-025-73-5

will require any person lawfully occupying real property to move from a dwelling, or to move his business or farm operation, without giving that person at least 90 days' written notice of the date he is required to move;

(2) If it rents acquired real property to the former owner or tenant for short term or subject to termination by the agency on short notice, charge rent that is more than the fair rental value of the property to a short-term occupant;

(3) Advance the time of condemnation;

(4) Defer negotiations, condemnation, or the deposit of funds in court for use of the owner; or

(5) Take any coercive action to compel an owner to agree to a price for his property. § 4.255

Statement of just compensation to owner. At the time it makes an offer to purchase real property, the displacing agency shall provide the owner of that property with a written statement of the basis for the amount estimated to be just compensation. The statement shall include the following:

(a) An identification of the real property and the particular interest being acquired.

(b) A certification, where applicable that any separately held interest in the real property is not being acquired in whole or in part.

(c) An identification of buildings, structures, and other improvements, including fixtures, removable building equipment, and any trade fixtures which are considered to be part of the real property for which the offer of just compensation is made.

(d) An identification of any real property improvements, including fixtures, not owned by the owner of the land.

(e) An identification of the types and approximate quantity of personal propérty located on the premises that is not being acquired.

(f) A declaration that the agency's determination of just compensation

(1) Is based on the fair market value of the property;

(2) Is not less than the approved appraised value of the property;

(3) Disregards any decrease or increase in the fair market value caused

by the project for which the property is being acquired; and

(4) In the case of separately held interests in the real property, includes an apportionment of the total just compensation for each of those interests.

(g) The amount of damages to any remaining real property. § 4.257 Equal interest in improvements

to be acquired. In acquiring any interest in real property each displacing agency shall acquire at least an equal interest in all buildings, structures, or other improvements located on that real property which will be removed or which will be adversely affected by the completed project. $ 4.259 Payments to tenants for im

provements. (a) In the case of a building, structure, or other improvement owned by a tenant on real property acquired for a project to which this part applies, the displacing agency shall, subject to paragraph (b) of this section, pay the tenant the larger of

(1) The fair market value of the improvement, assuming its removal from the property; or

(2) The enhancement of the fair market value of the real property.

(b) A payment may not be made to a tenant under paragraph (a) of this section unless

(1) The tenant, in consideration for the payment, assigns, transfers, and releases to the displacing agency all his right, title, and interest in the improvement;

(2) The owner of the land involved disclaims all interest in the improvement; and

(3) The payment is not duplicated by any payment otherwise authorized by law. § 4.261 Expenses incidental to transfer

of title. As soon as possible after real property has been acquired, the displacing agency shall reimburse the owner for

(a) Recording fees, transfer taxes, and similar expenses incidental to conveying the real property to the agency;

(b) Penalty costs for prepayment of any preexisting recorded mortgage entered into in good faith encumbering the real property; and

(c) The pro rata portion of any prepaid real property taxes which are allo

cable to a period subsequent to the date
of vesting title in the agency or the effec-
tive date of possession of the real prop-
erty by the agency, whichever is the
earlier.
§ 4.263 Litigation expenses.

(a) In any condemnation proceeding brought by the displacing agency to acquire real property, it shall reimburse the owner of any right, title, or interest in the real property for his reasonable costs, disbursements, and expenses, including attorney, appraisal, and engineering fees, actually incurred because of the proceeding, if

(1) The final judgment is that the displacing agency cannot acquire the real property by condemnation; or

(2) The proceeding is abandoned by the displacing agency concerned.

(b) In any inverse condemnation proceeding where the owner of any right, title, or interest in real property receives an award of compensation by judgment or settlement, the displacing agency shall reimburse the plaintiff for his reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of the proceeding.

APPENDIX A-RECORDS The following list sets forth relocation information which & displacing agency shall maintain for each Federal or federallyassisted project that it administers.

I. General. The displacing agency sball keep a record of the following general information concerning the project:

(1) Project and parcel Identification.

(2) Name and address of each displaced person; his new address and telephone number if available.

(3) Dates of all personal contacts made with each displaced person.

(4) Date each displaced person is given notice of relocation payments and services.

(5) Name of agency employee who offers relocation assistance.

(6) Whether the offer of assistance is declined or accepted, and the name of the individual who accepts or declines the offer.

(7) Date each displaced person is re red to move.

(8) Date of actual relocation, and whether relocation was accomplished with the assist. ance of the displacing agency, other agencies, or without assistance.

(9) Type of tenure held by each displaced person before and after relocation.

II. Displacements from dwellings. The displacing agency shall keep a record of the

following information concerning each in. dividual or family displaced from a dwelling in connection with the project:

(1) Number in family, or number of individuals.

(2) Type of dwelling.
(3) Fair market value, or monthly rent.
(4) Number of rooms.

HIÍ. Displaced businesses. The displacing agency shall keep a record of the following Information concerning each business displaced in connection with the project:

(1) Type of business.
(2) Whether or not relocated.
(3) If relocated, distance moved.

(4) Data supporting a determination that a business cannot be relocated without & substantial loss of its existing patronage and that it is not part of a commercial enterprise having at least one other establishment not being acquired by a state agency or the United States.

IV. Moving expenses. The displacing agency shall keep a record of the following information concerning each payment of moving and related expenses in connection with the project:

(1) The date personal property is moved, and the original and new locations of the personal property.

(2) I personal property is stored temporarily

(a) The place of storage;
(b) The duration of storage; and

(c) A statement of why storage is necessary.

(3) An account of all moving expenses that are supported by receipted bills or simi. lar evidence of expense;

(4) Amount of reimbursement claimed, amount allowed, and an explanation of any difference.

(5) In the case of a business or farm operation that receives & fixed allowance in lieu of moving expenses, data underlying the computation of such payment.

V. Replacement housing payments. The displacing agency shall keep a record of the following information concerning each relocation housing payment made in connection with the project:

(1) The date application for payment is received.

(2) The date application for payment 18 approved or rejected.

(3) Data substantiating the amount of payment.

(4) If replacement housing is purchased, a copy of the closing statement indicating the purchase price, down payment, and incidental expenses.

(5) Whenever a rental payment is made by annual installment, a statement confirming that the tenant still occupies a decent, safe, and sanitary dwelling.

(6) A copy of the Truth in Lending Statement, or other data, including computations, that confirms the increased interest payment.

« PreviousContinue »