Section 21.114 - Written Notices to DisplaceesThe following written notices shall be furnished to ensure that each displacee is fully informed of the benefits and services available.
(1) Notice of displacement. (A) Owner-occupants. At the initiation of negotiations for the property, the department will furnish the owner with a written explanation of the eligibility requirements to receive relocation payments for the acquired business or dwelling unit. The notice to an owner-occupant of a dwelling for more than 180 days will include entitlement to payments for replacement housing, incidental expenses, any increased interest costs required for financing a replacement dwelling, and the option to rent if the owner-occupant so desires. In addition, each owner-occupant will receive a copy of the department's relocation brochure and an explanation of the relocation services available and where they may be obtained.(B) Tenants. As soon as feasible after the initiation of negotiations for the purchase of the property, each tenant shall be furnished a written statement that includes the date of initiation of negotiations for the property and an explanation of the eligibility requirements to receive applicable relocation benefits. In addition, each tenant will be provided with a copy of the department's relocation brochure and an explanation of the relocation services available and where they may be obtained.(2) Notice of replacement payments. The amount of the replacement housing payment to which a displacee is entitled will be furnished near the time the displacee will be actively looking for replacement housing. The amount of the payment shall be based on the cost of a replacement dwelling comparable to the one from which the person is being displaced and will be sufficient to preserve, as nearly as possible, the displacee's original ownership or tenancy status. If the displacee desires alternate ownership/tenancy status, an alternate payment will be computed and offered when feasible.(3) Notices to vacate. To the greatest extent practicable, no person lawfully occupying real property shall be required to move from a dwelling, or to move a business or farm operation, without at least 90 days written notice of the intended vacation date. Normally, the department will provide the displacee with two notices described as follows. (A) Ninety-day notice. This notice may be given on or after the initiation of negotiations for the property. It shall include a statement that the displacee will not be required to move from the dwelling, business, or farm before 90 days from the date of the notice. The notice shall also inform the displacee that a 30-day written notice will follow, specifying the date by which the property must be vacated.(B) Thirty-day notice. This notice shall specify the date by which the property must be vacated, and will not be given until the department has control of the property. A notice is not required if an occupant moves prior to the time the notice is given.(4) Notice of right to review. Eligible relocatees who are dissatisfied with relocation payment amounts have a right to a review by the district engineer and the department's Relocation Review Committee. All eligible relocatees shall receive a written notice informing them of this right and the procedures to follow in requesting a review.43 Tex. Admin. Code § 21.114
The provisions of this §21.114 adopted to be effective March 21, 2002, 27 TexReg 2071