Special Attention of: **Notice** CPD 06-03

Issued: March 31, 2006

Regional Directors Expires: March 31, 2007

Field Office Directors
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

CPD Directors Cross References: Handbook 1374

Housing Directors Handbook 1378

Public Housing Division Directors

CPD Division Directors

HOME Program Coordinators

CDBG Grantees

HOME Participating Jurisdictions

HOPWA, Supportive Housing, Shelter Plus Care, and Youthbuild Grantees

Multifamily HUB Directors

Multifamily Program Center Directors

Multifamily Project Managers

Homeownership Center Directors

Public Housing Agency Directors

HUB Directors of Public Housing

PIH Program Center Coordinators

Tribes

Tribally Designated Housing Entities

ONAP Administrators

FHEO HUB Directors

FHEO Program Center Directors

Staff, Enforcement Center

**Subject**: HUD Review of Appeals under the Uniform Relocation
Assistance and Real Property Acquisition Act of 1970, as amended (URA);
or section 104(d) of the Housing and Community Development Act of 1974,
as amended (HCD Act).

**I. PURPOSE**

Handbook 1374 (Tenant Assistance, Relocation and Real Property
Acquisition -- HUD CPD Staff Responsibilities) dated February 1992,
established a policy for handling appeals under the subject statutes.
This policy must be revised based on the current structure and staffing
at HUD. This Notice will establish a new protocol for handling
complaints with regard to actions covered by these statutes and
applicable HUD regulations, and supersedes paragraph

1-7 of Handbook 1374. Other HUD statutes or program regulations may
establish an appeals process for displaced persons not covered by this
protocol.

**II. BACKGROUND**

On September 16, 2003, the Department published a Consolidated
Delegation of Authority for Community Planning and Development (CPD)
programs in the Federal Register (68 F.R. 54238). In this publication,
the Secretary delegated authority over the administration of the URA to
the Assistant Secretary of CPD for all HUD programs. This Notice,
consistent with existing program regulations and guidance, clarifies
that this authority includes appeals under the subject statutes and
non-displacement determinations to be made by HUD or requiring HUD
concurrence.

The information collection requirements contained in this document have
been approved by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB
control number 2506-0121. In accordance with the Paperwork Reduction
Act, HUD may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless the collection displays a
currently valid OMB

control number.

# III. Basic Appeal Policies

# 

The URA regulations at 49 CFR 24.10 establish an individual's right to
appeal either displacement status, the amount of relocation assistance
to be provided, or acquisition payments made under 49 CFR 24.106 or
24.107. Under the URA, an appeal must be filed with the displacing
Agency within a reasonable time period. An aggrieved person must have at
least 60 days after the person receives written notification of the
Agency's determination on the person's claim to file an appeal of that
determination. The displacing Agency is the direct HUD recipient (e.g.,
grantee, Participating Jurisdiction, Public Housing Authority) or in the
case of the State CDBG Program, the State recipient not a subgrantee
(e.g., subrecipient, project sponsor). The displacing Agency is
responsible for ensuring its subgrantee(s) comply with the URA. Under
the URA regulations at 49 CFR part 24, an aggrieved person also has the
right to seek judicial review; however, no provision is made for further
appeal to the federal funding agency.

# Under section 104(d) regulations at 24 CFR 42.390 and some other HUD program regulations (e.g., 24 CFR 574.630(d), 24 CFR 582.335(e), and 24 CFR 583.310(e)), a low- or moderate-income person who is dissatisfied with the displacing Agency's determination on whether the person qualifies as a "displaced person" or with the amount of relocation assistance for which the person is eligible, may submit a written request for HUD review of that determination (or for State review in the case of a unit of general local government funded by the State). A request for HUD review of a displacing Agency's determination on URA or section 104(d) eligibility or payments which is based on provisions in HUD program regulations which allow a low- or moderate income person to appeal to HUD, must be made in writing to the CPD Director in the local HUD Field Office no later than 60 days after the person receives written notification of the Agency's determination (and such notice informs the person of the 60-day limit). The Field Office may, at its discretion, extend the submission period, where appropriate.

# HUD Official(s) Reviewing Appeal 

The CPD Director shall request the assistance of qualified HUD staff to
review such appeals and prepare HUD's response. At a minimum, the
Regional Relocation Specialist assigned to cover the field office
jurisdiction and a representative of the HUD program area affected (CPD,
Housing or Public and Indian Housing) should be involved in the review
of relocation appeals. Where appropriate, guidance from the Office of
General Counsel should be requested.

# HUD Review of Appeal 

Staff conducting the review shall forward a copy of the request for
review to the displacing Agency within fifteen (15) calendar days of
Field Office receipt. The Agency should be instructed to respond to the
issues raised in the request within thirty (30) calendar days of receipt
and to send a copy of its response to HUD. The Field Office may, at its
discretion, extend the Agency's response period where appropriate. The
Field Office may also ask the Agency to submit its complete case file
and may request additional information from the affected individual. In
deciding appeals, it is intended that applicable policies be applied in
a manner that best fulfills the objective of providing fair and
equitable treatment so that affected persons do not suffer
disproportionate injuries as a result of programs designed for the
benefit of the public as a whole.

The appeal review staff shall draft a recommendation to the CPD Director
and prepare draft responses for his/her signature: 1) To the individual
making the appeal, and 2) to the displacing Agency (with a copy of the
response to the individual). The responses shall include, but need not
be limited to:

\(1\) HUD\'s determination on review of the appeal;

\(2\) The factual and legal basis upon which the decision is based,
including any pertinent explanation;

\(3\) If any payment or other relief to the person is required to be
made by the Agency, the amount and manner of payment should be outlined
in the response to the individual along with a statement of the
person\'s right to seek further HUD assistance in the event such relief
is not provided (in such cases, the response to the Agency will need to
provide direction regarding HUD's required corrective action); and

(4) If the full relief requested is not granted, a statement of the
    person\'s right to seek judicial review.

In any case where the local Field Office recommendation is to sustain
the displacing Agency's denial, review by the Headquarters Relocation
and Real Estate Division is required.

# Request for Additional Time 

If a person makes a reasonable request for additional time to gather
information and prepare for a written appeal or request for HUD review,
he or she shall be granted a reasonable amount of additional time.

# HUD Determinations on Persons Not Displaced

The URA defines both a "Displaced Person" and "Persons not Displaced" in
49 CFR 24.2(a)(9). HUD program regulations rely on this definition and,
in many cases, include additional program-specific definitions for these
terms, including a provision which either allows HUD to make a
determination that a person was not displaced as a direct result of
acquisition, rehabilitation, or demolition for the project; or that
requires HUD concurrence in any such a determination by a recipient
(e.g., see 24 CFR 92.353(c)(2)(D), 24 CFR 941.207(h)(2)(iv), or 24 CFR
1000.14(g)(2)(iii)).

Review of a displacing Agency's determination that a person is not
displaced under the URA based on HUD program regulations is to be
undertaken by the CPD Director in the local field office in the same
manner as URA or section 104(d) appeals. Any HUD determination that a
person is not displaced must be reviewed by the Relocation and Real
Estate Division in Headquarters prior to a final decision being rendered
by the CPD Director.

For additional information regarding the requirements of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended (URA), you may contact staff in the Relocation and Real
Estate Division in HUD Headquarters or Regional Relocation Specialists.
Their names and telephone numbers can be found at
<http://www.HUD.gov/relocation> under "Contacts."