RELOCATION SERVICES
Basic Relocation Facts
In 1970, the Federal Government enacted the Uniform Relocation Assistance and Real Property Acquisition Policies Act (amended by the Uniform Relocation Act of 1987). This body of law (hereafter referred to as the "Act"), insures the consistent, fair treatment of homeowners, tenants, and businesses displaced because of public projects.
FHWA, FHMA, and Other Federal Government Funded Projects
All relocation activities funded by federal monies must meet the regulatory requirements of the Act found in 49 CFR Part 24. Federal agencies must follow, at a minimum, the implementing regulations prepared by the Federal Highway Administration (FHWA) as the lead agency in the law. Particular care must be taken to adhere to regulations requiring that specific notices be sent to displaced persons during various phases of the process.
HUD Funded Projects
Acquisitions of property partially or wholly with U.S. Department of Housing and Urban Development (HUD) funds require an added understanding of HUD's relocation requirements which contain significant procedural differences from FHWA funded programs. Relocation specialists must also be familiar with requirements that differ between various HUD programs (such as CDBG, HOME, HODAG) including special handling requirements for tenant incomes. Non-compliance with HUD regulations by the agency or relocation specialists due to ignorance or negligence can result in a HUD denial of funds to the applying agency. In addition to the challenge of the increased complexity of HUD programs, participants must be
prepared to comply with HUD's more stringent record keeping and documentation requirements. HUD regularly audits relocation files and activities, and routinely interviews those displaced to verify the basis of their benefits and to determine fair treatment
State of Oregon Requirements
ORS 281.045-105 provide that whenever a public entity undertakes any program or project which will result in the acquisition of real property, the entity will provide fair and reasonable payments and assistance to or for displaced persons and others as provided under the sections 202, 203, 204, 205 and 206 of the Act. The net result is that any public acquisition project in Oregon, regardless of its funding must be done on the same basis as federally funded acquisition. Relocation activities are intricate in nature. The number and variety of forms, and the complexity of record keeping, at both the project and individual file level mean that completion of a file is very labor intensive. A single file requires a minimum of 5 personal agent
contacts or inspections and the use of 10 to 15 forms. Many circumstances far exceed the minimums stated here. The process requires compilation and preservation of documentation upon which calculations and claims are based. This documentation must be retained and open for inspection by the funding agency so it can verify that proper procedures have been followed.
Portland Development Commission Projects
RWA is experienced in providing relocation services to the City of Portland and PDC in compliance with the Commission’s Relocation Regulations. These contain several important departures from Oregon and Federal law. Two of these are as follows: (1) In business relocation, reimbursement for professional services to prepare for the move is considered a Reestablishment Cost and subject to the $10,000 cap. This difference results in significant savings to PDC. (2) In non federally-funded projects, eligibility for benefits is triggered by acquisition rather than initiation of negotiations.
RWA Professional Management
RWA has developed procedures to reduce document and file production and management costs, and to ensure the integrity of the files so they will qualify a project for funding in the case of a Federal audit. We have in our data banks the full range of both Federal and HUD forms, claims, and letters approved for use in their programs, and have the expertise to use them in an appropriate and timely manner. RWA is employed
by experienced project managers, agents and support staff who understand the relocation process, the ramifications of the requirements and who keep abreast of modifications in the law.
We have extensive experience serving local public agencies and performing all or a portion of these processes, and can provide proposals for specific projects or tasks including details of the education, work experience, and personal references of our associates.
Professional management of the relocation process for both FHWA and HUD funded programs includes:
- Knowledge of FHWA and HUD programs and rule changes
- Ability to understand and prepare a relocation plan
- Knowledge of the agency's required procedures
- Awareness of deadlines for noticing those displaced
- Use of approved pamphlets and language in correspondence
- Knowledge and use of appropriate forms, correct claims and record keeping procedures as required by the displacing agency
- Skills in coordinating with those displaced and the agency
- Ability to coordinate with the developer, owner (Grantee), FHWA and HUD representatives
- Knowledge of application process, initiation of negotiations, points of eligibility for relocation benefits
- Knowledge of HUD programs, including 104d and other low income programs
- Competency in record keeping on both project and file level
- An understanding of the entire acquisition process, and how to schedule relocation notices and activities so an agency can gain possession of a property on time.
