Section 0770-03-01-.05 - RELOCATION(1) General (a) Moderate Rehabilitation will involve only a limited amount of work on dwelling units which can usually be accomplished with tenants in residence. An agreement and contract will not be entered into on units occupied by families not eligible for housing assistance after completion of the rehabilitation. Temporary relocation or permanent displacement will not be required except in limited circumstances.(b) To assure minimal displacement(s) no application for the Program will be approved where permanent displacement of tenants will be necessary unless the applicant has submitted and the Public Housing Authority in consultation with HUD has approved a relocation strategy in accordance with program rules contained in 24 C.F.R. 882. An owner must certify in the proposal that no tenant has been forced to move without cause in the twelve month period preceding the submittal of the proposal to Tennessee Housing Development Agency or the Public Housing Authority.(2) Determination of Necessity for Displacement and Notice to Tenants - This section applies only where there is an approved relocation strategy.(a) The Tennessee Housing Development Agency will determine, in consultation with the owner, as promptly as possible after notification of selection of units for participation in the program, the need for any tenant in a building proposed for rehabilitation to be permanently displaced. A tenant will only be displaced if there will not be sufficient suitable-sized units available after rehabilitation. This does not prevent the owner from evicting the tenant for cause. Otherwise, the tenant will be allowed to remain in or return to the unit or suitable-sized unit in the building or complex after rehabilitation.(b) Not later than 30 days after the Owner is notified of selection of Units for participation in the Program, each tenant occupying a unit in a building in which units will be rehabilitated under the Program must be issued either a notice stating that he/she will be displaced or a notice stating the tenant's right to remain in or return to the current unit or another unit in the same complex. These notices must be in accordance with subsections (3) and (4) and issued in accordance with subsection (5) of this rule.(3) Tenants Permitted to Continue in Occupancy.(a) If the tenant is issued a notice pursuant to 0770-3-1-.05(2) (c) stating the tenant may continue in occupancy, the notice must state the following tenant rights: 1. After the completion of the rehabilitation, the tenant will have the right to lease and occupy a decent, safe and sanitary dwelling located within the same budding or complex.2. During the period between execution of the Agreement and execution of the Contract, the tenant will not be required to move from the dwelling unit, other than for cause, unless the work cannot be done with the tenant in residence. If any such move is required,(i) Not more than one temporary relocation will be required,(ii) the temporary relocation will be to a decent, safe and sanitary dwelling in a location that is not generally less desirable with respect to public and commercial facilities and the occupant's place of employment than the location of the dwelling to be rehabilitated,(iii) the Owner will pay the actual reasonable out-of-pocket expenses, including moving costs and any increase in monthly housing costs (rent and utilities), incurred by the tenant in connection with the moves and/or temporary relocation, and(iv) the temporary relocation will not be for more than six months. If for unforeseen reasons the rehabilitated unit is not ready for occupancy within the six months, the tenant will be notified of the earliest date by which it will be ready, and the tenant in that case will have the right either to agree to wait until the extended date or to request that it be treated as permanently displaced in accordance with HUD regulations in 24 C.F.R. 882.(b) If the tenant is a Family which is eligible to receive housing assistance payments the notice must state, in addition to the provisions specified in 0770-3-1-.05(3) (a) the following: 1. The Family will be allowed to occupy that unit for the term of the Contract unless the Family is evicted for cause or is required to move for other good reason such as changes in Family size. If the Family is required to vacate the dwelling during the term of the Contract for any reason other than for cause, such as a change in Family size, Tennessee Housing Development Agency will assure that the Family is provided assistance in accordance with applicable HUD regulations.2. The amount of rent payable by the Family will be determined in accordance with 24 C.F.R. Part 889; however, the Family will not be required to pay more than the Gross Rent for the unit established in accordance with Program requirements.(4) Manner of Notices. (a) Any notice which is required under this section must be personally served, receipt documented, or sent by certified or registered first-class mail, return receipt requested. Each notice must be written in plain understandable language. Recipients who are unable to read and understand the notice must be provided with appropriate explanation and counseling. Each notice must indicate the name and telephone number of a person who may be contacted for answers to questions or other needed help.(5) Moving Expenses. Reasonable moving expenses in connection with temporary relocation or permanent displacement of tenants include:(a) Transportation of the tenant and personal property from the unit to be rehabilitated to the replacement unit and return to the rehabilitated unit, if applicable. Transportation costs for a distance beyond 50 miles are not eligible.(b) Packing, crating, unpacking and uncrating of the personal property;(c) Disconnecting, dismantling, removing, reassembling and reinstalling relocated household appliances and other personal property;(d) Storage of the personal property as Tennessee Housing Development Agency determines to be necessary;(e) Insurance of the personal property in connection with the move and necessary storage; and(f) Other moving related expenses as Tennessee Housing Development Agency may determine to be reasonable and necessary.(6) Responsibility for Relocation Payments and Assistance. (a) The Agency or its agent will have the administrative responsibility for assuring that appropriate relocation payments are made to temporarily relocated tenants and will be directly responsible for providing all services specified in this section. Advisory services provided by the Agency to tenants temporarily relocated are eligible costs to be reimbursed from the preliminary administrative funds.(b) The provision and funding of payments on account of temporary relocation of tenants will be the responsibility of the Owner. The Contract Rent computation, as specified in regulations for existing housing 07701-5 may at the Owner's option include relocation costs for those units to be assisted under the Program; however, the Owner must make appropriate relocation payments to any tenant temporarily relocated, regardless of income or whether the tenant will occupy a unit which is under the Agreement. No Owner will be selected for participation in the Program unless the Owner agrees, in the proposal, to assume this responsibility.(c) Services to tenants permanently displaced will not be considered eligible costs for reimbursement under the Moderate Rehabilitation or any other HUD assisted housing programs. Unless an entity, such as the local government, agrees in writing to assume responsibility for providing funds for relocation payments and services associated with permanent displacement from other sources or an application which proposes to allow permanent displacement of tenants will not be approved.(7) Appeal Procedures. (a) A tenant who believes he/she has not received the proper relocation payments or opportunities to relocate to decent, safe and sanitary housing to which the tenant is entitled under this section may appeal to the Agency. The tenant is entitled to an informal hearing as if the tenant were determined ineligible for the Program (0770-3-2-.13(7)). Should the tenant not be satisfied with the Agency disposition of the matter, the tenant may appeal to the HUD field office.(b) Applicability of Uniform Act. The relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) and HUD implementing regulations at 24 C.F.R. Part 42 apply only to the displacement of any person (owner or tenant) that results from the acquisition of real property for a project assisted under this Program if the acquisition is by a State agency (defined at 24 C.F.R. 42.85). When the Uniform Act is applicable, the provisions of this section do not apply, except for paragraphs (1) and (7).Tenn. Comp. R. & Regs. 0770-03-01-.05
Original rule filed July 13, 1982; effective August 12, 1982.Authority: T.C.A. § 13-23-115(18).