relocation assistance for hud funded projects w. jay smith u.s. department of housing & urban...

Relocation Assistance Relocation Assistance for HUD Funded for HUD Funded

ProjectsProjectsW. Jay SmithW. Jay SmithU.S. Department of Housing & Urban U.S. Department of Housing & Urban Development Relocation Specialist for Region Development Relocation Specialist for Region IXIX

Michele Folk , Michele Folk , SR/WA, R/W-RAC, R/W-URAC, R/W-SR/WA, R/W-RAC, R/W-URAC, R/W-NACNACOverland, Pacific & Cutler, Inc.Overland, Pacific & Cutler, Inc.Managing Director, Public Agencies & HousingManaging Director, Public Agencies & Housing

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HUD ResourcesHUD Resources

www.HUD.gov/Relocation– Laws & RegulationsLaws & Regulations– Policy & GuidancePolicy & Guidance– TrainingTraining– PublicationsPublications– FormsForms– ContactsContacts– Listserve sign upListserve sign up

Other HUD ListservesOther HUD Listserves

Go to Go to www.HUD.gov– Under ToolsUnder Tools– Mailing ListMailing List

SIGN UP!SIGN UP!

Applicable Statutes & RulesApplicable Statutes & Rules URA - Uniform Relocation Assistance URA - Uniform Relocation Assistance

and Real Property Acquisition Policies and Real Property Acquisition Policies Act of 1970, as amendedAct of 1970, as amended

49 CFR Part 2449 CFR Part 24– Applicable to most HUD ProgramsApplicable to most HUD Programs

NOT: FHA Mortgage Insurance ProgramsNOT: FHA Mortgage Insurance Programs NOT: Public Housing Demo/DispoNOT: Public Housing Demo/Dispo

HUD Handbook 1378HUD Handbook 1378

Applicable Statutes & RulesApplicable Statutes & Rules

Most, but not all, HUD-funded Most, but not all, HUD-funded projects follow the standard process projects follow the standard process and program requirements under the and program requirements under the URAURA

Same relocation planning, advisory Same relocation planning, advisory services and relocation benefits services and relocation benefits payments requiredpayments required

There are a few differencesThere are a few differences


Initiation of Negotiations:Initiation of Negotiations:CDBG: Execution of the grant or loanCDBG: Execution of the grant or loanHOME: Execution of the agreementHOME: Execution of the agreementCofC (Continuum of Care): Execution of CofC (Continuum of Care): Execution of agreement between HUD and recipientagreement between HUD and recipientPIH (Public and Indian Housing): Varies, PIH (Public and Indian Housing): Varies, but generally execution of the but generally execution of the agreementagreement


Noticing requirements:Noticing requirements:General Information NoticeGeneral Information NoticeNotice of Non-DisplacementNotice of Non-DisplacementNotice of EligibilityNotice of Eligibility90-Day Vacate Notice90-Day Vacate Notice30-Day Vacate Notice30-Day Vacate Notice

All with proof of serviceAll with proof of service


Voluntary versus Involuntary Voluntary versus Involuntary Acquisition:Acquisition:Willing seller and willing buyerWilling seller and willing buyerVoluntary acquisition offer letter – Voluntary acquisition offer letter – states no threat of eminent domainstates no threat of eminent domainOffer amount is Fair Market Value and Offer amount is Fair Market Value and offer states the basis of the valueoffer states the basis of the valueOwner-occupants ineligible for Owner-occupants ineligible for relocation assistancerelocation assistance


Other HUD relocation program Other HUD relocation program requirements may ALSO apply or requirements may ALSO apply or apply INSTEAD: Like….apply INSTEAD: Like….


Specific Program Regs:Specific Program Regs:

•CDBG 570.201(i)CDBG 570.201(i) Hearth PIHHearth PIH•HOME 92.206(f)HOME 92.206(f) MFHMFH


Section 18 Section 18 – Housing Act of 1937, as – Housing Act of 1937, as amendedamended24 CFR 97024 CFR 970Limited relocation assistance – moving Limited relocation assistance – moving and advisory assistance only; tenant and advisory assistance only; tenant may apply for Section 8 assistancemay apply for Section 8 assistanceApplicable to Public Housing Applicable to Public Housing Demolition/Disposition ProgramDemolition/Disposition Program


Rental Assistance Demonstration Rental Assistance Demonstration (RAD)(RAD)

Notice H 2014-09 PIH 2014-17 H 2014-09 PIH 2014-17 Allows public housing agencies and Allows public housing agencies and owners of other HUD-assisted properties to owners of other HUD-assisted properties to convert units from their original sources of convert units from their original sources of HUD financing to project-based Section 8 HUD financing to project-based Section 8 contractscontractsNo involuntary permanent displacementsNo involuntary permanent displacements


Section 104(d) Section 104(d) – Housing and – Housing and Community Development Act of 1974, Community Development Act of 1974, as amendedas amended24 CFR 4224 CFR 42

Applicable to:Applicable to: CDBG (Community Development Block Grant)CDBG (Community Development Block Grant) HOME (Home Investment Partnership HOME (Home Investment Partnership

Program)Program) UDAG (Urban Development Action Grant)UDAG (Urban Development Action Grant) Section 108 Loan Guarantee ProgramSection 108 Loan Guarantee Program

Section 104(d)Section 104(d) Two key components:Two key components:

Requires Requires one-for-oneone-for-one replacement replacement of demolished or converted lower-of demolished or converted lower-income housing income housing ANDAND

Relocation assistance to Relocation assistance to permanently displaced lower-permanently displaced lower-income tenants (income tenants (≤ 80% of median ≤ 80% of median income)income)

Section 104(d) Section 104(d) One-for-One ReplacementOne-for-One Replacement

Units demolished, orUnits demolished, or

Lower-income housing “converted” to:Lower-income housing “converted” to:

Non-housing (community center, Non-housing (community center, hotel) hotel)

OR OR Housing that rents above HUD Fair Housing that rents above HUD Fair

Market Rent (FMR) Market Rent (FMR)

Section 104(d)Section 104(d)One-for-One ReplacementOne-for-One Replacement

A like-sized affordable unit must be A like-sized affordable unit must be added to the community inventory added to the community inventory of lower-income housingof lower-income housing

Can be private construction/rehab, Can be private construction/rehab, government assisted, or othergovernment assisted, or other

Must rent at, or below, HUD-Fair Market Must rent at, or below, HUD-Fair Market RentRent

Section 104(d) PlanningSection 104(d) Planning

Residential Antidisplacement and Residential Antidisplacement and Relocation Assistance Plan required of Relocation Assistance Plan required of grantees as part of their consolidated plangrantees as part of their consolidated plan

- Efforts to minimize displacements- Efforts to minimize displacements

- Relocation assistance to displacees- Relocation assistance to displacees

- One-for-one replacement of lower-- One-for-one replacement of lower- income dwelling units income dwelling units

Relocation Plan still required per projectRelocation Plan still required per project

Section 104(d) EligibilitySection 104(d) Eligibility

Specific HUD program funding involvedSpecific HUD program funding involved

Loss or conversion of low/mod income Loss or conversion of low/mod income dwelling unit anywhere on the project sitedwelling unit anywhere on the project site

Low-income tenant permanently Low-income tenant permanently displaceddisplaced

((Important!Important! Review Review definitions of definitions of “project”“project” and “displaced person” in the and “displaced person” in the HUD guidelines for your funding)HUD guidelines for your funding)

Section 104(d) Relocation Section 104(d) Relocation BenefitsBenefits

Calculation for RAP/DAP under 104(d):Calculation for RAP/DAP under 104(d):

Comparable rent + utilitiesComparable rent + utilities

– – Total Tenant Payment Total Tenant Payment

= Monthly Need= Monthly Need

x x 6060 months months

RAP/DAP calculation under 104(d) RAP/DAP calculation under 104(d) does does notnot consider displacement rent + consider displacement rent + utilitiesutilities

Section 104(d) Income Section 104(d) Income CalculationCalculation

Total Tenant Payment (TTP) Total Tenant Payment (TTP)

The The greatergreater of: of:

30% of the gross monthly 30% of the gross monthly adjustedadjusted income;income;

10% of monthly gross income; or10% of monthly gross income; or

The designated allowance for The designated allowance for rent/utility costs, if receiving welfare rent/utility costs, if receiving welfare assistanceassistance

Section 104(d) Income Section 104(d) Income CalculationCalculation

Uses the Uses the HUD definition of income HUD definition of income at 24 CFR 5, with additional at 24 CFR 5, with additional deductions and exemptions:deductions and exemptions:– $480 $480 per dependent (under 18, per dependent (under 18,

full-time student, etc.)full-time student, etc.)– $400 $400 per elderly familyper elderly family– Reasonable child-care expensesReasonable child-care expenses– Handicapped assistance expensesHandicapped assistance expenses


Security deposits + credit check fees areSecurity deposits + credit check fees are eligible eligible paymentspayments

Downpayment assistance is Downpayment assistance is limitedlimited to to purchase of cooperative or mutual housingpurchase of cooperative or mutual housing

If If conventional replacement conventional replacement housing is housing is purchased, tenant is held to downpayment purchased, tenant is held to downpayment amount under the amount under the URAURA calculation calculation

Downpayment assistance amount under Downpayment assistance amount under 104(d) = RAP 104(d) = RAP capitalized and discountedcapitalized and discounted at the rate of interest paid on passbook at the rate of interest paid on passbook savings accounts savings accounts in the areain the area


Lower-income tenants can Lower-income tenants can choosechoose relocation total assistance under either URA relocation total assistance under either URA or Section 104(d);or Section 104(d);

Notice of Eligibility will contain description Notice of Eligibility will contain description and amount of benefits under URA and amount of benefits under URA andand under 104(d);under 104(d);

When Section 8 vouchers and Section 8 When Section 8 vouchers and Section 8 housing are available, benefits arehousing are available, benefits are limited limited to those under the URA, if Section 8 to those under the URA, if Section 8 assistance is refused by the tenant.assistance is refused by the tenant.

Section 104(d) RelocationSection 104(d) Relocation

Owner-occupants areOwner-occupants are not not covered covered

(subject to URA)(subject to URA)

Businesses are Businesses are notnot covered covered

(subject to URA)(subject to URA)

Undocumented aliens are Undocumented aliens are notnot excludedexcluded

Section 104(d) Notice of Section 104(d) Notice of Eligibility Eligibility

Warning – these can be complicatedWarning – these can be complicated!!Possible Possible differencesdifferences between between

URA and 104(d) :URA and 104(d) :

Number of bedrooms in the comp (legal Number of bedrooms in the comp (legal status)status)

Income used in RAP/DAP calculationIncome used in RAP/DAP calculation Fixed moving payment (legal status)Fixed moving payment (legal status) Downpayment assistance amount Downpayment assistance amount

Section 104(d) Case StudiesSection 104(d) Case Studies

Project:Project: Demolition of a tri-plex for Demolition of a tri-plex for new construction of 42 affordable new construction of 42 affordable housing units housing units

Funds: Funds: HOME and local tax set aside HOME and local tax set aside

Occupancy: Occupancy: Tenant-occupied; low Tenant-occupied; low incomeincome

Section 8 vouchers: Section 8 vouchers: None availableNone available

Construction: Construction: More than 1 yearMore than 1 year


Is 104(d) triggered? Is 104(d) triggered?


Is 104(d) triggered? Is 104(d) triggered?

Yes. At least one unit occupied by a Yes. At least one unit occupied by a Low Income tenant is being Low Income tenant is being

demolished, and HOME funds are demolished, and HOME funds are part of the project’s funding.part of the project’s funding.

Section 104(d) Case Study Section 104(d) Case Study #1#1

Occupants: Occupants: 2 adults, 4 children 2 adults, 4 children (husband, wife and 4 minor children)(husband, wife and 4 minor children)

Legally Present in the U.S.: 2 personsLegally Present in the U.S.: 2 personsGross Household Annual Income Gross Household Annual Income = =

$48,000 (qualifies as Low Income)$48,000 (qualifies as Low Income)Deductibles: Deductibles: None for medical or child None for medical or child

care expenses; no one elderly or care expenses; no one elderly or disableddisabled

What is the Total Tenant Payment?What is the Total Tenant Payment?

Income Income $$Minus Dependants (4 x $480) Minus Dependants (4 x $480) $$Equals Equals $$Divided by 12 months =Divided by 12 months = $ $ x 30% = x 30% = $ TTP $ TTP

OR: OR: 10% of gross monthly income 10% of gross monthly income ($_______/12 = $_____ x 10% = $______($_______/12 = $_____ x 10% = $______

Whichever is GREATERWhichever is GREATER


Income Income $48,000 $48,000Dependants (4 x $480) - $ 1,920Dependants (4 x $480) - $ 1,920 = $46,080= $46,080Divided by 12 months = $ 3,840 Divided by 12 months = $ 3,840 x 30% = x 30% = $ 1,152 TTP $ 1,152 TTP

OR: OR: 10% of gross monthly income 10% of gross monthly income ($48,000/12 = $4,000 x 10% = $400)($48,000/12 = $4,000 x 10% = $400)


Displacement Unit: Displacement Unit: 2BR apartment2BR apartment

Current Rent/Utilities:Current Rent/Utilities: $1,100/mo. $1,100/mo.

Occupancy Standard: Occupancy Standard: 2 + 02 + 0

Q1. How many bedrooms should the Q1. How many bedrooms should the comparable dwelling have?comparable dwelling have?

A1. A1. TWOTWO comparable units must be comparable units must be established - established -

1 Comp based on the 1 Comp based on the URAURA (legal (legal presence) presence)

1 Comp based on the 1 Comp based on the 104(d)104(d) (no legal (no legal presence requirement)presence requirement)

The tenants The tenants mustmust be offered be offered the the choice choice of a URA of a URA or or Section 104(d) Section 104(d) paymentpayment

WHY?WHY?

Because…Because…

Section 104(d): Section 104(d): No legal presence No legal presence requirementrequirement - 6 occupants require 3BR - 6 occupants require 3BR

URA: URA: Legal presence requirement Legal presence requirement – 2 – 2 legal occupants under a 2 + 0 legal occupants under a 2 + 0 occupancy standard only require a occupancy standard only require a 1BR 1BR unitunit

PenaltyPenalty – they – they don’t necessarily don’t necessarily get what get what they had. (Possible hardship they had. (Possible hardship

exemption)exemption)

Facts:Facts:

1BR1BR Comp Rent + Utilities = $ 900/mo. Comp Rent + Utilities = $ 900/mo.

3BR Comp Rent + Utilities = $1,400/mo.3BR Comp Rent + Utilities = $1,400/mo.

Current Rent + Utilities = $1,100/mo.Current Rent + Utilities = $1,100/mo.

Gross Household Annual Income = Gross Household Annual Income = $48,000 (qualifies as Low Income)$48,000 (qualifies as Low Income)

Q2. What is the Q2. What is the maximum rental maximum rental assistance assistance payment under the payment under the URAURA for for which the tenants are eligible?which the tenants are eligible?

A2. Computation under A2. Computation under URAURA

Comp Rent/Utilities Comp Rent/Utilities $$

Minus the Minus the lesser of lesser of

Current Rent/Utilities Current Rent/Utilities $ or$ or

30% of gross household 30% of gross household monthly income monthly income $ $ ==

Monthly need Monthly need $ $

x 42 month = x 42 month =

$________RAP$________RAP


Comp Rent/Utilities Comp Rent/Utilities $ 900 $ 900


Current Rent/Utilities Current Rent/Utilities $$1,1001,100 or or

30% of gross household 30% of gross household monthly income monthly income $1,200$1,200 ==

Monthly need Monthly need $ 0 $ 0 The comp rent is less than the current rent or 30% The comp rent is less than the current rent or 30%

of income, therefore there is no monthly need. of income, therefore there is no monthly need.

$0 RAP$0 RAP

Facts:Facts:

1BR Comp Rent /Utilities = $ 1BR Comp Rent /Utilities = $ 900/mo.900/mo.

3BR 3BR Comp Rent /Utilities = Comp Rent /Utilities = $1,400/mo.$1,400/mo.

Current Rent /Utilities = Current Rent /Utilities = $1,100/mo.$1,100/mo.


Q3. What is the Q3. What is the maximum rental maximum rental assistance assistance payment under payment under 104(d) 104(d) for for which the tenants are eligible?which the tenants are eligible?

A3. Computation under A3. Computation under 104(d)104(d)

Comp Rent/Utilities Comp Rent/Utilities $ $

Minus Minus

Total Tenant Payment Total Tenant Payment $ =$ =


x x 6060 months = months = $_______ RAP$_______ RAP

Plus what other costs?Plus what other costs?


Comp Rent/Utilities Comp Rent/Utilities $ 1,400 $ 1,400

Minus Minus

Total Tenant Payment Total Tenant Payment $ 1,152 =$ 1,152 =

Monthly need Monthly need $ 248 $ 248

x x 6060 months = months = $14,880$14,880 $14,880 RAP$14,880 RAP

Plus security deposit & Plus security deposit & credit check feescredit check fees

Moving PaymentMoving Payment

Room Count - Three rooms Room Count - Three rooms

FHWA Schedule for this State - $900FHWA Schedule for this State - $900

Q4.What is the Fixed Q4.What is the Fixed MovingMoving Payment Payment for the household under for the household under URAURA guidelines?guidelines?

Q5.What is the Fixed Q5.What is the Fixed Moving PaymentMoving Payment for the household under for the household under 104(d) 104(d) guidelines?guidelines?

A4. A4. URA:URA: $300 $300

(Based on 2 of the 6 occupants being (Based on 2 of the 6 occupants being legal)legal)

A5. A5. 104(d):104(d): $900 $900

(No legal presence requirement) (No legal presence requirement)

104(d) Case Study #2104(d) Case Study #2

Occupants: Occupants: 2 adults, 1 child (husband, 2 adults, 1 child (husband, wife and 1 minor child)wife and 1 minor child)

Legally Present in the U.S.: allLegally Present in the U.S.: allGross Household Annual Income Gross Household Annual Income = =

$50,000 (qualifies as Low Income)$50,000 (qualifies as Low Income)Deductibles: Deductibles: None for medical or child None for medical or child

care expenses; no one elderly or care expenses; no one elderly or disableddisabled


Income Income $$ Minus Dependants (1 x $480) Minus Dependants (1 x $480) $$ Equals Equals $$Divided by 12 months =Divided by 12 months = $ $ x 30% = x 30% = $ TTP $ TTP

OR: OR: 10% of gross monthly income 10% of gross monthly income ($_______/12 = $_____ x 10% = $______($_______/12 = $_____ x 10% = $______



Income $50,000Income $50,000 Dependants (1 x $480) - $ 480Dependants (1 x $480) - $ 480 = $49,520= $49,520Divided by 12 months = $ 4,127 Divided by 12 months = $ 4,127 x 30% = x 30% = $ 1,238 TTP $ 1,238 TTP

OR: OR: 10% of gross monthly income 10% of gross monthly income ($50,000/12 = $4,167 x 10% = $417)($50,000/12 = $4,167 x 10% = $417)


Displacement Unit: Displacement Unit: 1BR apartment1BR apartment

Current Rent/Utilities:Current Rent/Utilities: $800/mo. $800/mo.

Occupancy Standard: Occupancy Standard: 2 + 02 + 0

Q1. How many bedrooms should the Q1. How many bedrooms should the comparable dwelling have?comparable dwelling have?

A1. A1. All occupants are legally present. All occupants are legally present.

There is overcrowding.There is overcrowding.

Occupancy and DS&S Standards Occupancy and DS&S Standards require:require:

2BR Comp based on the 2BR Comp based on the URAURA

2BR Comp based on the 2BR Comp based on the 104(d)104(d)

Facts:Facts:

2BR Comp Rent + Utilities = $1,200/mo.2BR Comp Rent + Utilities = $1,200/mo.

Current Rent + Utilities = $ 800/mo.Current Rent + Utilities = $ 800/mo.


Q2. What is the Q2. What is the maximum rental maximum rental assistance assistance payment under the payment under the URAURA for for which the tenants are eligible?which the tenants are eligible?


Comp Rent/Utilities Comp Rent/Utilities $$


Current Rent/Utilities Current Rent/Utilities $ or$ or

30% of gross household 30% of gross household monthly income monthly income $ $ ==



$________RAP$________RAP


Comp Rent/Utilities Comp Rent/Utilities $1,200 $1,200


Current Rent/Utilities Current Rent/Utilities $ $ 800 800 oror

30% of gross household 30% of gross household monthly income monthly income $ 1,249$ 1,249 ==



$16,800 RAP$16,800 RAP

Facts:Facts:

2BR Comp Rent /Utilities = 2BR Comp Rent /Utilities = $1,200/mo.$1,200/mo.

Current Rent /Utilities = $ Current Rent /Utilities = $ 800/mo.800/mo.


Q3. What is the Q3. What is the maximum rental maximum rental assistance assistance payment under payment under 104(d) 104(d) for for which the tenants are eligible?which the tenants are eligible?


Comp Rent/Utilities Comp Rent/Utilities $ $

Minus Minus

Total Tenant Payment Total Tenant Payment $ =$ =


x x 6060 months = months = $_______ RAP$_______ RAP

Plus what other costs?Plus what other costs?


Comp Rent/Utilities Comp Rent/Utilities $1,200 $1,200

Minus Minus

Total Tenant Payment Total Tenant Payment $ 1,238 =$ 1,238 =


x x 6060 months = months = $0 RAP$0 RAP

Plus security deposit & Plus security deposit & credit check feescredit check fees

Section 104(d) ClaritySection 104(d) Clarity

The relocation agent must take special The relocation agent must take special care to care to explain each of the two options explain each of the two options for the tenants – may question for the tenants – may question differencesdifferences

There are certain There are certain restrictionsrestrictions to to remember:remember:

Can only Can only buybuy mutual or coop mutual or coop housing housing under 104(d)under 104(d)

If If Section 8 Section 8 is offered and is offered and refusedrefused, , only only payment under payment under URAURA available available

Common Monitoring Common Monitoring FindingsFindings

1.1. Voluntary letter not issued or it is Voluntary letter not issued or it is worded incorrectly; or value does not worded incorrectly; or value does not agree with appraisals/compsagree with appraisals/comps

2.2. Local codes not used for inspectionsLocal codes not used for inspections

3.3. Notices not issued timely or worded Notices not issued timely or worded correctlycorrectly

4.4. Exceptions to illegal alien rule not Exceptions to illegal alien rule not documenteddocumented

Common Monitoring Common Monitoring FindingsFindings

5. Claims not documented adequately5. Claims not documented adequatelyRent and utilitiesRent and utilitiesNon-payment of benefitsNon-payment of benefitsIncome (doesn’t add up or is not Income (doesn’t add up or is not

documented)documented)No explanation of special No explanation of special

circumstancescircumstances

6. Section 104(d) not paid6. Section 104(d) not paid

Preventative MeasuresPreventative Measures

1. Develop Acquisition and Relocation Procedures

2. Keep resources up-to-dateHUD regulations and handbookFHWA Q and AHeadquarters policy memosInformation bulletins

3. Use experienced consultants – bring on early4. Review relocation process during all project

stages

Work With ConsultantsWork With Consultants

1.1. SelectionSelectionExperience with URA, Section 104(d) Experience with URA, Section 104(d)

and/or applicable HUD programand/or applicable HUD programExperience with HUDExperience with HUDAttended HUD local office trainingAttended HUD local office trainingBid is comprehensive, including time Bid is comprehensive, including time

spent to adequately document filesspent to adequately document files

Work With ConsultantsWork With Consultants

2. Contract Stage2. Contract StageMake sure requirements are clearMake sure requirements are clearGive them local acquisition and Give them local acquisition and

relocation policies and proceduresrelocation policies and procedures

3. Implementation3. ImplementationPeriodic check-inPeriodic check-in

4. Review Files for Monitoring4. Review Files for Monitoring

QuestionsQuestions

??

Contact InfoContact Info

W. Jay SmithW. Jay Smith

HUD Relocation Specialist for Region IXHUD Relocation Specialist for Region IX

(213) 534-2615 (213) 534-2615 [email protected]

Michele Folk, Michele Folk, SR/WA, R/W-RAC, R/W-URAC, R/W-NACSR/WA, R/W-RAC, R/W-URAC, R/W-NAC

Overland, Pacific & Cutler, Inc.Overland, Pacific & Cutler, Inc.

Managing Director, Public Agencies & HousingManaging Director, Public Agencies & Housing

(949) 951-5263 [email protected](949) 951-5263 [email protected]

relocation assistance for hud funded projects w. jay smith u.s. department of housing & urban...

Documents

relocation assistance

assistance applicable

fmfh slide

public agencies housing

median income slide

loan guarantee program

limited relocation assistance

hud programs