Minimizing Resident Displacement
Complying with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and Section 104(d) of the Housing and Community Development Act of 1974.
Covered HUD-Community Planning & Development (CPD) Programs, under 49 CFR Part 24
- HOME – HOME Investment Partnership Program
- NSP – Neighborhood Stabilization Program
- Section 811 Project Rental Assistance (PRA) (follows HOME Program Uniform Relocation Act mandates (Exception – Section 104(d)))
- NHTF – National Housing Trust Fund (24 CFR §93.352 Displacement, Relocation and acquisition)
Relocation for Federally-Funded Activities
TDHCA provides subgrantees with Federal funds for activities involving acquisition, rehabilitation and reconstruction of single-family and multifamily dwelling units. Subgrantees of Federal funds must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and Section 104(d) of the Housing and Community Development Act of 1974. The requirements differ depending on the type of subrecipient (e.g. a private developer versus a local jurisdiction utilizing eminent domain authority); however, all requirements are in place to ensure that the rights of individuals displaced by activities utilizing Federal funds are protected. While TDHCA maintains oversight, ensuring compliance with the laws and regulations surrounding acquisition and relocation, subgrantees are responsible for ensuring that each necessary step outlined by the URA and/or Section 104(d) has been followed to the best of the subgrantee’s ability.
Property Rights Protection: Compare Options in URA to Section 104(d)
The Uniform Relocation Act provides important protections and assistance for people affected by the acquisition, rehabilitation, or demolition of real property for Federal or federally funded projects. This law was enacted by Congress to ensure that people whose real property is acquired, or who move as a direct result of projects receiving Federal funds, are treated fairly and equitably and receive assistance in moving from the property they occupy.
Section 104(d) establishes minimum requirements for agencies that displace lower income persons when their HOME or CDBG-funded activity demolishes or converts a lower-income dwelling to some other use. The displacing agency must provide relocation assistance and payments to all eligible displaced lower-income persons. Section 104(d) requires the replacement on a one-for-one basis of lower income dwellings demolished or converted to a use other than lower-income housing, in conjunction with HOME or CDBG-funded activity. Relocation payments and assistance under section 104(d) generally resemble those under URA. Differences include: preservation of low-income dwelling units, rental assistance time period (42 months for URA, 60 months for 104(d)), calculation basis of monthly payment amount, Housing Choice Voucher options, security deposit, and options for down payment substituted for the sum of monthly rental payments. See HUD’s comparison of URA to 104(d)(PDF).
HUD Offers Wide Array of Information and Guidance
For more information, visit HUD's Uniform Relocation Assistance site.
Eligibility and Applicability
Eligible persons include any family or individual forced to move as a direct result of rehabilitation, demolition, or acquisition for a project which uses Federal funds. URA describes fair compensation and the processes everyone must follow, under 49 CFR 24. Low-income tenants residing in properties assisted through the HOME Investment Partnerships Program or the Neighborhood Stabilization Program may enjoy separate protections under Section 104(d) of the Housing and Community Development Act of 1974 (Section 104(d)). Eligible low-income tenants may opt to use either Section 104(d) or URA assistance, according to their best interests. Determine Eligibility for Displacement Benefits (PDF).
Options and Alternatives
TDHCA subrecipients administering federal funds must advise displaced persons of their options. Find details in HUD Handbook 1378 Tenant Assistance, Relocation and Real Property Acquisition Handbook (HUD-CPD 1378.0) (hud.gov)
URA may provide for fair market buy-out, relocation payments, and other assistance to eligible displaced residents. Before moving, anyone notified of possible displacement should first learn their rights and how to receive proper relocation assistance. Moving may terminate your eligibility for assistance, so it is important to contact the subrecipient of Federal funds prior to relocating.
Advisory Service for Those Displaced
URA addresses both the process of acquisition and relocation assistance. Agencies responsible for displacement must provide advisory service to those displaced. A relocation counselor should be appointed by the subgrantee and contact residents prior to displacement to answer questions and provide needed information. The counselor will provide appropriate assistance to anyone unable to read or understand written or printed guidance. Anyone anticipating displacement should notify the subgrantee of any such needs. If not satisfied with the subgrantee decision a person has a right to appeal.
Actions which may be appealed (49 CFR §24.10). If the person believes that the Agency did one of the following:
- Failed to properly consider the person's application for assistance.
- Improperly determined the person's eligibility
- Improperly calculated the amount of a payment
The Agency shall consider a written appeal regardless of form.
For more information regarding minimizing resident displacement, contact Carmen Roldan, Relocation Specialist, at (512) 475-2215 or firstname.lastname@example.org.