Tenn. Comp. R. & Regs. 1680-06-02-.07 - RELOCATION ASSISTANCE ADVISORY SERVICES

(1) General.

The displacing agency shall provide relocation assistance advisory services in accordance with the Act and these Rules, and in accordance with applicable federal statutes and regulations where the program or project is conducted with federal financial assistance. The purpose of these services is to minimize the impact of displacement by providing information and other assistance to help displaced persons, businesses and farm operations to relocate.

(2) Coordination of Relocation Activities.

Relocation activities shall be coordinated with project work and other displacement causing activities to ensure that, to the extent feasible, displaced persons receive consistent treatment and duplication of functions is minimized.

(3) Eligibility for Relocation Assistance Advisory Services.

(a) The displacing agency shall provide relocation assistance advisory services, as described below, to all displaced persons.

(b) If the displacing agency determines that any person occupying real property immediately adjacent to real property where the displacing activity occurs will be caused substantial economic injury as a result of the displacing activity, the displacing agency may make relocation assistance advisory services available to such person.

(c) Any person who occupies property acquired by the displacing agency, when such occupancy began subsequent to the acquisition of the property, and the occupancy is permitted by a short term rental agreement or an agreement subject to termination when the property is needed for the project, shall be eligible for relocation assistance advisory services to the extent determined by the displacing agency.

(d) Aliens not lawfully present in the United States shall not be eligible for relocation assistance advisory services or relocation payments, except as may be provided in accordance with Rule 1680-06-02-.08 below.

(4) Relocation Assistance Advisory Services To Be Provided.

(a) The displacing agency shall personally interview each displaced person to determine, and make timely recommendations on, the person's relocation assistance needs and preferences, if any. The displacing agency shall also explain the relocation payments and other assistance for which the person may be eligible, the related eligibility requirements and the procedures for obtaining such assistance.

(b) The displacing agency shall assure the displaced person that he or she cannot be required to move permanently from his or her displacement dwelling unless at least one comparable replacement dwelling is made available, as set forth in Rule 1680-06-02-.07, Paragraph (5) below.

(c) Where applicable, the displacing agency shall provide current and continuing information on the availability, purchase prices and rental costs of comparable replacement dwellings.

1. As soon as feasible, the displacing agency shall provide the displaced person with a written notice of the specific comparable replacement dwelling and the price or rent used to determine the maximum replacement housing payment or rental assistance payment for which the displaced person may qualify, with the basis for that determination.

2. Where feasible, housing should be inspected before being made available to assure that it meets applicable standards for a decent, safe and sanitary dwelling. If such an inspection is not made, the displacing agency shall notify the displaced person that a replacement housing payment or rental assistance payment may not be made unless the replacement dwelling is subsequently inspected and determined to be decent, safe and sanitary.

3. Whenever possible, minority persons shall be given reasonable opportunities to relocate to decent, safe and sanitary replacement dwellings, not located in an area of minority concentration, that are within their financial means. This policy, however, does not require the displacing agency to provide a person a larger payment than is necessary to enable the person to relocate to a comparable replacement dwelling.

(d) Where applicable, the displacing agency shall assist any person displaced from a business or farm operation to obtain and become established, if possible, in a suitable replacement location. Accordingly, the displacing agency shall provide current and continuing information on the availability, purchase prices and rental costs of suitable commercial and farm properties and locations.

(e) The displacing agency shall offer to assist in providing transportation to inspect comparable replacement dwellings to which displaced persons are referred.

(f) The displacing agency shall minimize hardships to persons in adjusting to relocation by providing counseling, advice as to other sources of assistance that may be available and such other help as may be appropriate.

(g) The displacing agency shall supply persons to be displaced with appropriate information concerning federal and state housing programs, loan and other management programs administered by the Small Business Administration, and other federal and state programs offering assistance to persons to be displaced.

(5) Availability of Comparable Replacement Dwelling Before Displacement.

(a) No displaced person shall be required to move from his or her dwelling unless at least one comparable replacement dwelling has been made available to the person. Where possible, three or more comparable replacement dwellings shall be made available.

(b) A comparable replacement dwelling shall be considered to have been made available to a person, if:

1. The person is informed of its location; and

2. The person has sufficient time to negotiate and enter into a purchase agreement or lease for the property; and

3. Subject to reasonable safeguards, the person is assured of receiving the relocation assistance and acquisition payment to which the person may be entitled in sufficient time to complete the purchase or lease of the property.

(c) The Department or, where applicable, the federal agency funding the project, may waive the requirement to make at least one comparable replacement dwelling available prior to displacement, as provided in Subparagraph (a) above, where it is demonstrated that a person must move because of:

1. A major disaster as defined in the Disaster Relief Act of 1974, 42 U.S.C. § 5121 et seq.; or

2. A national emergency as declared by the President of the United States; or

3. Any other emergency that requires the person to move immediately from the displacement dwelling because continued occupancy of that dwelling would create a substantial danger to the health of the occupants or the public.

(d) In any case where a person is required to move for a temporary period because of an emergency, as described in Subparagraph (c) above, the displacing agency shall:

1. Take whatever steps are necessary to assure that the person is temporarily relocated to a decent, safe and sanitary dwelling; and

2. Pay the actual reasonable out-of-pocket moving expenses and any reasonable increase in rent and utility costs incurred in connection with the temporary relocation; and

3. As soon as feasible, make available to the displaced person at least one comparable replacement dwelling; and

4. For the purposes of filing a claim and meeting the eligibility requirements for a relocation payment, consider the date of displacement as the date the person moves from the temporarily occupied dwelling.

Notes

Tenn. Comp. R. & Regs. 1680-06-02-.07

Original rule filed August 12, 1974; effective September 11, 1974. Repeal and new rule filed October 31, 2002; effective January 14, 2003. Rule has been assigned a new control number from 1680-02-04-.07 filed and effective February 1, 2003. Amendments filed January 12, 2017; effective 4/12/2017.

Authority: T.C.A. §§ 13-11-108 and 13-11-113.