reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part VIII - Replacement Housing Payments for Owner-Occupants for 180 Days or More › Section 24VAC30-41-420 - Advance replacement housing payments in condemnation cases

Current through Register Vol. 40, No. 24, July 15, 2024
An advance replacement housing payment may be paid to a
					 property owner if the payment of the acquisition price for the displacement
					 dwelling is delayed pending the outcome of condemnation proceedings. A
					 provisional replacement housing payment may be determined by using the amount
					 of the Certificate as the acquisition price.
Payment can be made upon the owner-occupant signing the
					 agreement included on Library Form RW-65A(1) that:
1. Upon final determination of the
				  condemnation proceedings, the replacement housing payment will be recomputed
				  using the acquisition price determined by the court.
2. If the amount awarded by the court for the
				  value of the residential unit exceeds the Certificate amount, the displacee
				  will make a refund for any excess replacement housing payment resulting from
				  the court judgment. The difference in the replacement housing payment will be
				  deducted from the court award before final payment is made. However, in no
				  event will the refund be more than the amount of the replacement housing
				  payment advanced. If the property owner fails to execute the Provisional
				  Replacement Housing Payment Clause on Library Form RW-65A, the replacement
				  housing payment will be deferred until the case is adjudicated.
Statutory Authority
§§ 25-253 and 33.1-12 of the Code of Virginia;
						42 USC § 4601 et seq.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part VIII - Replacement Housing Payments for Owner-Occupants for 180 Days or More › Section 24VAC30-41-430 - Purchase supplement payment computation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Method.
1. The probable selling price of a comparable
				  dwelling will be determined by the district office by analyzing at least three
				  dwellings from the inventory of available housing, Library Form RW-69B, which
				  are available on the private market and which meet the criteria of a comparable
				  replacement dwelling. Less than three comparables may be used for this
				  determination when fewer comparable dwellings are available. The relocation
				  agent performing the determination must provide a full explanation supporting
				  the determination, including a discussion of efforts to locate more than one
				  comparable. One comparable, from among those evaluated and considered, will be
				  selected as the basis for the purchase supplement determination. The selection
				  will be made by careful consideration of all factors in the dwellings being
				  considered which affect the needs of the displacee with reference to the
				  elements in the definition of comparable replacement housing.
Refer to the "Guidance Document for Determination of
					 Certain Financial Benefits for Displacees," effective October 1, 2014, for a
					 step-by-step summary of the determination process, and an example of the
					 purchase supplement payment computation.
2. If comparable decent, safe and sanitary
				  housing cannot be located, after a diligent search of the market, available
				  non-decent, safe and sanitary replacement dwellings may be used as the basis
				  for the maximum amount of the purchase supplement. In these cases, the maximum
				  payment will be established by obtaining cost estimates from persons qualified
				  to correct the decent, safe and sanitary deficiencies and adding this amount to
				  the probable selling price of the available replacement housing.
A displacee will not be required to vacate the displacement
					 dwelling until decent, safe and sanitary housing has been made
					 available.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part VIII - Replacement Housing Payments for Owner-Occupants for 180 Days or More › Section 24VAC30-41-440 - Highest and best use other than residential

Current through Register Vol. 40, No. 24, July 15, 2024
When the acquired dwelling is located on a site where the
					 fair market value is established on a use higher and better than residential,
					 the purchase supplement maximum amount will be determined by deducting the
					 acquisition price of the acquired dwelling plus the acquisition price of that
					 portion of the acquired land which represents a tract typical in size for the
					 area from the probable selling price of the most comparable listing. The
					 following calculation shows how this amount is determined:
Example Acquired Dwelling on Commercial
							 Zoned Site
The acquired house (whole take) is on a
							 five-acre site zoned commercial. The typical residential lot in the area is one
							 acre. The land is appraised at $50,000/acre and the dwelling is valued at
							 $10,000 as an interim use. A comparable house on a residentially zoned lot is
							 available for $70,000 (after adjustment). The maximum purchase supplement
							 amount is determined below:
Displacement property value
$100,000
Comparable property
$70,000
LESS: Value of the house acquired on one acre
$60,000
Maximum Purchase Supplement Amount
$10,000
Statutory Authority
§§ 25-253 and 33.1-12 of the Code of Virginia;
						42 USC § 4601 et seq.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part VIII - Replacement Housing Payments for Owner-Occupants for 180 Days or More › Section 24VAC30-41-460 - Partial take of a typical residential site

Current through Register Vol. 40, No. 24, July 15, 2024
A. Remaining buildable site. If the
				  acquisition of a portion of a typical residential property causes the
				  displacement of the owner from the dwelling and the remainder is a buildable
				  residential site, VDOT will offer to purchase the entire property. If the owner
				  refuses to sell the remainder which is a buildable site to VDOT, the fair
				  market value of the remainder will be added to the acquisition cost of the
				  acquired property for the purposes of computing the maximum purchase supplement
				  payment.
B. Remaining uneconomic
				  remnant. If the owner refuses to sell the residue that is an uneconomic remnant
				  to VDOT, the value of the take and damages to the remainder will be used in
				  computing the replacement housing payment.
C. Larger tract than normal. If the acquired
				  property is a dwelling on a significantly larger site than typical for
				  residential use in the area, the maximum replacement housing payment is the
				  asking price of a comparable replacement dwelling on a tract typical in size
				  for residential use, less the acquisition price of the acquired dwelling and
				  the portion of the site which represents a typical size residential lot in the
				  area. The following calculation shows how this amount is determined:
Example Partial Take From Larger than
							 Typical Residential Site
The displacement dwelling is on a
							 five-acre site. One-acre lots are typical in the area. The house and three
							 acres are being acquired. Appraised value: $125,000 (no remainder damage). The
							 appraiser valued land at $5,000/acre. A comparable house on one acre is
							 available. It is estimated it will sell for $120,000 (adjusted listing price).
Comparable property
$120,000
LESS: Displacement property
$115,000
Maximum Purchase Supplement Amount
$5,000
* $10,000 value of two acres of
							 acquisition area excess to typical lot has been deducted.
Statutory Authority
§§ 25-253 and 33.1-12 of the Code of Virginia;
						42 USC § 4601 et seq.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part VIII - Replacement Housing Payments for Owner-Occupants for 180 Days or More › Section 24VAC30-41-470 - Payment to occupant with a partial ownership

Current through Register Vol. 40, No. 24, July 15, 2024
A. When a displacement dwelling is owned by
				  several persons and occupied by only some of the owners, the replacement
				  housing payment will be the lesser of:
1. The
				  difference between the owner-occupants' share of the acquisition cost of the
				  acquired dwelling and the actual cost of the replacement; or
2. The difference between the total
				  acquisition cost of the acquired dwelling and the amount determined by the
				  district as necessary to purchase a comparable dwelling.
Generally, the circumstance of partial owner occupants
					 arises when the ownership comes from a family inheritance, where one or more,
					 but not all the heirs, occupy the property.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part VIII - Replacement Housing Payments for Owner-Occupants for 180 Days or More › Section 24VAC30-41-480 - Revisions to replacement housing amount

Current through Register Vol. 40, No. 24, July 15, 2024
Housing must be offered which is available for purchase
					 within the offered amount. When comparable housing is no longer available
					 within the amount initially established, the district office will review the
					 housing market and establish a revised replacement housing amount. In no event
					 will a purchase supplement amount previously offered be reduced as the result
					 of this review.
Statutory Authority
§§ 25-253 and 33.1-12 of the Code of Virginia;
						42 USC § 4601 et seq.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part VIII - Replacement Housing Payments for Owner-Occupants for 180 Days or More › Section 24VAC30-41-490 - Increased interest payments

Current through Register Vol. 40, No. 24, July 15, 2024
A. General. Increased interest payments are
				  provided to compensate a displaced person for higher increased interest costs
				  required for financing a replacement dwelling. The increased interest payment
				  will be allowed only when the dwelling acquired by VDOT was encumbered by a
				  bona fide mortgage which was a valid lien on such dwelling for not less than
				  180 days before the established eligibility date under Part VII (24VAC30-41-330 et seq.) of this
				  chapter (usually date of initial offer to purchase). All bona fide mortgages on
				  the dwelling acquired by VDOT will be used to compute the increased interest
				  portion of the replacement housing payment. Home equity loans are valid
				  mortgages on residential real property regardless of how the proceeds from the
				  loans are used. Therefore, they must be included in the computation. In the
				  case of a home equity loan the unpaid balance shall be that balance which
				  existed 180 days prior to the initiation of negotiations or the balance on the
				  date of acquisition, whichever is less. When the property is secured with an
				  adjustable rate mortgage, the mortgage interest rate that is current on the
				  property as of the date of acquisition will be used in the computation. The
				  displaced person will be advised of the approximate amount of this payment as
				  soon as the facts relative to the person's current mortgages are known. The
				  payment will be made at the time of closing on the replacement dwelling, so
				  that the new mortgage can be reduced.
B. Payment computation. The computation of
				  the payment for increased interest costs will be the amount which will reduce
				  the mortgage balance on the replacement dwelling to an amount which could be
				  amortized with the same monthly payment for principal and interest as that for
				  the mortgage or mortgages on the displacement dwelling. The amount of the
				  increased interest payment will be computed by the district office, utilizing
				  Library Form RW-66, based on:
1. The unpaid
				  mortgage balances on the displacement dwelling; however, in the event the
				  person obtains a smaller mortgage than the mortgage balance computed in the
				  buydown determination, the payment will be prorated and reduced
				  accordingly.
2. The remaining term
				  of the mortgage or mortgages on the displacement dwelling or the term of the
				  new mortgage, whichever is shorter.
3. The interest rate on the new mortgage
				  which shall not exceed the prevailing fixed interest rate for conventional
				  mortgages currently charged by mortgage lending institutions in the area in
				  which the replacement dwelling is located.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part VIII - Replacement Housing Payments for Owner-Occupants for 180 Days or More › Section 24VAC30-41-500 - Incidental expenses (closing costs incurred in purchase of replacement dwelling)

Current through Register Vol. 40, No. 24, July 15, 2024
The incidental expenses payment is the amount necessary to
					 reimburse the homeowner for the reasonable costs actually incurred incidental
					 to the purchase of the replacement dwelling, but not for prepaid expenses such
					 as prepaid real estate taxes, fire insurance, etc. Such costs include the
					 following items if normally paid by the buyer:
1. Legal, closing and related costs,
				  including those for title search and mortgage insurance, preparing conveyance
				  instruments, notary fees, preparing surveys and plats and recording
				  fees;
2. Lender, Federal Housing
				  Administration (FHA) or Veterans Administration (VA) appraisal fees;
3. FHA or VA application fee;
4. Professional home inspection or
				  certification of structural soundness when required by the lender;
5. Credit report;
6. Owner's and mortgagee's evidence of title,
				  e.g., title insurance, (not to exceed the cost for the comparable replacement
				  dwelling);
7. Escrow agent's
				  fee;
8. State and local revenue or
				  documentary stamps, sales or transfer taxes charged to record deed (not to
				  exceed the costs for a comparable replacement dwelling);
9. Loan origination or assumption fees that
				  do not represent prepaid interest;
10. Purchaser's points, but not seller's
				  points, normal to similar real estate transactions; and
11. Such other costs as VDOT determines to be
				  incidental to the purchase.
No fee, cost, charge or expense is reimbursable as an
					 incidental expense when it is determined to be part of the debt service or
					 finance charge under the Truth in Lending Act. Except when the replacement
					 housing amount is paid into escrow, the combined total of the payments under
					 this section will be claimed and paid in a lump sum.
Statutory Authority
§§ 25.1-402 and 33.1-12 of the Code of
						Virginia; 42 USC § 4601 et seq.; 49 CFR Part 24.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part VIII - Replacement Housing Payments for Owner-Occupants for 180 Days or More › Section 24VAC30-41-510 - Owner-occupant of 90 days or more who rents

Current through Register Vol. 40, No. 24, July 15, 2024
A. An owner-occupant eligible for a
				  replacement housing payment under this section who elects to rent a replacement
				  dwelling is eligible for a rental replacement housing payment. The amount of a
				  rent supplement also will not exceed the amount the displaced family would have
				  received had the family purchased replacement housing.
B. The payment is to be computed and
				  disbursed in accordance with the provisions of
				  24VAC30-41-520, except that the
				  present rental rate for the displacement dwelling will be the economic
				  rent.
C. An owner-displacee retains
				  eligibility for a replacement housing payment if replacement housing is
				  purchased and occupied within one year after the date of final payment is
				  received for the acquired property. Further, eligibility to submit a claim for
				  relocation benefits extends for 18 months from the date of final payment for
				  the acquired property. An owner who initially rents replacement housing may
				  later purchase and qualify for a replacement housing payment. The total amount
				  of the rent and the purchase supplements, however, will not exceed the amount
				  that would have been received if the displacee had initially purchased
				  replacement housing.
Statutory Authority: § 25.1-402 of the Code of
						Virginia; 42 USC § 4601 et seq.; 49 CFR Part
						24.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part IX - Replacement Housing Benefits for Tenants, and Owners Who Choose to Rent Replacement Housing › Section 24VAC30-41-520 - General

Current through Register Vol. 40, No. 24, July 15, 2024
A. A residential
				  tenant who was in occupancy at the displacement dwelling for 90 days or more
				  before the initiation of negotiations for the property is eligible to receive a
				  rent supplement to provide for relocation to comparable replacement
				  housing.
B. A tenant eligible under
				  this category can receive a replacement housing payment not to exceed $7,200 to
				  rent a decent, safe and sanitary replacement dwelling. A tenant may be eligible
				  for a down payment supplement up to $7,200. The monetary limit of $7,200 for a
				  rental replacement housing payment, or a down payment supplement, does not
				  apply if provisions of last resort housing are applicable (see Part XI
				  (24VAC30-41-650 et
				  seq.)).
C. A discussion of rent
				  supplement determination is found in the "Guidance Document for the
				  Determination of Certain Financial Benefits to Displacees," effective October
				  1, 2014.
Statutory Authority: § 25.1-402 of the Code of
						Virginia; 42 USC § 4601 et seq.; 49 CFR Part
						24.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part IX - Replacement Housing Benefits for Tenants, and Owners Who Choose to Rent Replacement Housing › Section 24VAC30-41-530 - Payment computation

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  The rental replacement housing determination is 42 times the amount obtained by
				  subtracting the base monthly rental including utilities (heat, electric, water
				  and sewer) for the displacement dwelling from the lesser of:
1. The monthly rent and estimated average
				  monthly cost of utilities for a comparable replacement dwelling as defined in
				  24VAC30-41-30; or
2. The monthly rent and estimated average
				  monthly cost of utilities for the decent, safe and sanitary replacement
				  dwelling actually occupied by the displaced person.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part IX - Replacement Housing Benefits for Tenants, and Owners Who Choose to Rent Replacement Housing › Section 24VAC30-41-540 - Disbursement of rental replacement housing payment

Current through Register Vol. 40, No. 24, July 15, 2024
The rental payment as determined in
					 24VAC30-41-530 shall be paid in a
					 lump sum, unless the district manager determines that it should be paid in
					 installments.
Statutory Authority: § 25.1-402 of the Code of
						Virginia; 42 USC § 4601 et seq.; 49 CFR Part
						24.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part IX - Replacement Housing Benefits for Tenants, and Owners Who Choose to Rent Replacement Housing › Section 24VAC30-41-550 - $7,200 limit on offers

Current through Register Vol. 40, No. 24, July 15, 2024
A rent supplement payment offer is limited to $7,200 under
					 normal program authority. VDOT has an overriding responsibility, however, to
					 enable tenant displacees to rent replacement housing within their financial
					 means. See
					 24VAC30-41-30 for the definition
					 of "financial means." If the payment computation exceeds $7,200, last resort
					 housing provisions are applicable. See Part XI (24VAC30-41-650 et seq.) of this
					 chapter for last resort housing provisions.
Statutory Authority: § 25.1-402 of the Code of
						Virginia; 42 USC § 4601 et seq.; 49 CFR Part
						24.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part IX - Replacement Housing Benefits for Tenants, and Owners Who Choose to Rent Replacement Housing › Section 24VAC30-41-560 - Change of occupancy

Current through Register Vol. 40, No. 24, July 15, 2024
If a tenant, after moving to a decent, safe and sanitary
					 dwelling, relocates within the one-year period specified in
					 24VAC30-41-360 to a higher cost
					 rental unit, another claim may be presented for the amount in excess of that
					 amount which was originally claimed, but not to exceed the total rent
					 supplement originally computed.
Statutory Authority
§§ 25-253 and 33.1-12 of the Code of Virginia;
						42 USC § 4601 et seq.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part IX - Replacement Housing Benefits for Tenants, and Owners Who Choose to Rent Replacement Housing › Section 24VAC30-41-570 - Down payment benefit - 90-day tenants

Current through Register Vol. 40, No. 24, July 15, 2024
A. A displaced tenant eligible for a rental
				  replacement housing payment who elects to purchase a replacement dwelling in
				  lieu of accepting such rental assistance payment may elect to apply the entire
				  computed payment to the purchase of a replacement dwelling. This payment may be
				  increased to any amount, not to exceed $7,200, for the purchase of a
				  replacement dwelling and related incidental expenses.
B. VDOT has a responsibility to enable a
				  displacee to relocate to housing of the same tenancy or ownership status as was
				  occupied before displacement. Efforts will be made through advisory assistance
				  and the down payment benefit to assist a tenant to move to ownership, but the
				  achievement of ownership by tenants is not a program requirement.
Statutory Authority: § 25.1-402 of the Code of
						Virginia; 42 USC § 4601 et seq.; 49 CFR Part
						24.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part IX - Replacement Housing Benefits for Tenants, and Owners Who Choose to Rent Replacement Housing › Section 24VAC30-41-580 - Section 8 Housing Assistance Program for low income families

Current through Register Vol. 40, No. 24, July 15, 2024
A. Program
				  features.
1. Section 8 is a rent subsidy
				  program funded by the U.S. Department of Housing and Urban Development (HUD) to
				  enable low-income families to rent privately owned decent, safe and sanitary
				  housing. Section 8 is administered by local housing agencies. Landlords receive
				  a subsidy representing the difference between 30% of an eligible tenant's
				  adjusted gross household income and reasonable housing rent as determined under
				  program rules.
There are three types of Section 8 housing:
a. A certificate based on the income of the
				  recipient and the rent paid;
b. A
				  voucher, which pays a specific amount toward the recipient's rent;
				  and
c. Market rehab unit.
The first two program types are portable, meaning the
					 benefit moves with the recipient. The market rehab form stays with the housing
					 facility.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part X - Mobile Homes › Section 24VAC30-41-600 - Mobile home park displacement

Current through Register Vol. 40, No. 24, July 15, 2024
The proposed right of way may include a portion of a
					 mobile home park. VDOT will determine whether a sufficient portion of the park
					 is taken to cause the owner-operator of such park to discontinue business
					 because of not having an economic remainder to conduct operations. If the
					 remainder is not an economic unit as a mobile home park, all occupants of
					 mobile home units will be considered displaced persons eligible for appropriate
					 relocation benefits, whether or not the residue on which any of the mobile
					 homes are located is acquired by VDOT. The owner-operator may qualify for
					 benefits as a business displacee, as well a residential displacee, if the
					 owner-operator resides in a unit on the property.
Statutory Authority
§§ 25-253 and 33.1-12 of the Code of Virginia;
						42 USC § 4601 et seq.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part X - Mobile Homes › Section 24VAC30-41-610 - Moving expenses

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				  nonoccupant owner of a rented mobile home can be paid for actual, reasonable
				  cost of moving the mobile home or other personal property, or both, under
				  provisions of
				  24VAC30-41-210.
If a displaced mobile home owner files a claim for actual
					 moving expenses for moving the mobile home to a replacement site, the
					 reasonable cost of disassembling, moving and reassembling attached items such
					 as porches, decks, skirting and awnings, anchoring of the unit and utility
					 "hook-up" charges are reimbursable. The cost of repairs or modifications to
					 enable the unit to be moved to a replacement site may be paid. VDOT must
					 determine in advance that it is necessary and practical to do so. Payment will
					 be limited to the reasonable costs of moving the mobile home and making
					 necessary repairs or modifications.
B. Nonreturnable entrance fees are
				  reimbursable as part of actual cost moving expenses to an owner- or
				  tenant-occupant, unless comparable mobile home parks are available which do not
				  require entrance fees.
C. If the
				  mobile home is not moved, the owner- or tenant-occupant may be paid for moving
				  personal property in accordance with the moving expense schedule referred to in
				  24VAC30-41-220, or actual
				  reasonable expenses in accordance with
				  24VAC30-41-210.
D. If the owner is reimbursed for the cost of
				  moving the mobile home under these procedures, the owner is not eligible to
				  receive a replacement housing payment, or rent supplement to assist in
				  purchasing or renting a replacement mobile home. The person may, however, be
				  eligible for a rent or purchase supplement to enable the displacee to secure a
				  replacement site, as discussed in
				  24VAC30-41-630.
Statutory Authority
§§ 25-253 and 33.1-12 of the Code of Virginia;
						42 USC § 4601 et seq.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part X - Mobile Homes › Section 24VAC30-41-620 - Replacement housing payments; general

Current through Register Vol. 40, No. 24, July 15, 2024
A. The ownership or tenancy of the mobile
				  home, not the land on which it is located, determines the occupant's status as
				  an owner or a tenant. The length of ownership and occupancy of the mobile home
				  on the mobile home site will determine the occupant's status as a 90-day owner
				  or tenant.
The mobile home must be occupied on the same site (or in
					 the same mobile home park) for the requisite 90 days to make the occupant fully
					 eligible for rent or purchase supplement benefits.
B. After the above eligibility determinations
				  are made, the replacement housing payment is computed in two parts:
1. If the mobile home is being acquired, the
				  replacement housing, or rent supplement payment is computed for the mobile home
				  unit in accordance with the same procedures for any other dwelling
				  unit.
2. The replacement housing or
				  rent supplement payment is computed separately for the mobile home site in
				  accordance with normal procedures. The payment amount is limited to the
				  maximums according to the displacee's ownership or tenancy of the land.
The sum of the two parts computed above cannot exceed the
					 maximum limitation of the $7,200 for 90-day tenant-occupants or $31,000 for
					 90-day owner-occupants, unless last resort housing provisions in accordance
					 with Part XI (24VAC30-41-650 et seq.) of this
					 chapter are applicable. Replacement housing and rent supplement offers and
					 payments will be computed in accordance with Parts VIII (24VAC30-41-390 et seq.) and IX
					 (24VAC30-41-520 et seq.) of this
					 chapter. The offer will set the maximum limit of the supplemental
					 payment.
When determining the purchase supplement payment for an
					 owner-occupant-displacee from a mobile home, the cost of a comparable is the
					 reasonable cost of a comparable mobile home, including the site. When a
					 comparable mobile home is not available, the supplement may be determined using
					 a conventional dwelling.
If a mobile home requires repairs or modifications to
					 permit its relocation to another site and the district office determines that
					 it would be practical to make the repairs or modifications, the cost of a
					 comparable dwelling is the value of the displacee's mobile home plus the cost
					 to make the necessary repairs or modifications.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part X - Mobile Homes › Section 24VAC30-41-630 - Replacement housing payments; 90-day owner-occupant

Current through Register Vol. 40, No. 24, July 15, 2024
A. General. A displaced owner of a mobile
				  home who has occupied the home and site for at least 90 days is eligible for
				  the following as a replacement housing benefit:
1. The additional cost necessary to purchase
				  replacement housing as specified in subsections B, C, D, and E of this section,
				  and in accordance with the provisions of Part VIII (24VAC30-41-390 et seq.) of this
				  chapter;
2. Compensation for the
				  loss of favorable financing on the existing mortgage in the financing of such
				  replacement housing, under the provisions of
				  24VAC30-41-500; and
3. An amount to reimburse the owner for
				  incidental expenses incident to the purchase of such replacement housing in
				  accordance with the provisions of
				  24VAC30-41-510.
A displaced owner-occupant of a mobile home eligible for a
					 replacement housing payment as shown above who elects to rent is eligible for a
					 rental replacement housing payment, in accordance with
					 24VAC30-41-510.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part X - Mobile Homes › Section 24VAC30-41-640 - Replacement housing payment to tenants of 90 days or more

Current through Register Vol. 40, No. 24, July 15, 2024
A displaced tenant of a mobile home or site, or both, under
					 this category can receive a replacement housing payment not to exceed $7,200
					 (except under last resort housing) to rent a comparable decent, safe and
					 sanitary mobile home or site, or both, or make a down payment on either or both
					 computed as follows:
1. The rental
				  replacement housing payment is to be determined in accordance with the
				  provisions of
				  24VAC30-41-530.
2. If a purchase decision is made, the entire
				  computed rental payment may be applied towards the purchase, including related
				  incidental expenses for a replacement mobile home, site, or both.
Statutory Authority: § 25.1-402 of the Code of
						Virginia; 42 USC § 4601 et seq.; 49 CFR Part
						24.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part XI - Last Resort Housing › Section 24VAC30-41-650 - General

Current through Register Vol. 40, No. 24, July 15, 2024
A. No displaced
				  persons will be required to move until a comparable replacement dwelling is
				  made available within their financial means. Comparable replacement housing may
				  not be available on the private market or does not meet specific requirements
				  or special needs of a particular displaced family. Also, housing may be
				  available on the market, but the cost exceeds the benefit limits for tenants
				  and owners of $7,200 and $31,000, respectively. If housing is not available to
				  a displacee and the transportation project would thereby be prevented from
				  proceeding in a timely manner, VDOT is authorized to take a broad range of
				  measures to make housing available. These measures, which are outside normal
				  relocation benefit limits, are called collectively last resort
				  housing.
B. It is the
				  responsibility of VDOT to provide a replacement dwelling, which enables the
				  displacee to relocate to the same ownership or tenancy status as prior to
				  displacement. The displacee may voluntarily relocate to a different status. The
				  district office may also provide a dwelling, which changes a status of the
				  displacee with their concurrence, if a comparable replacement dwelling of the
				  same status is not available.
A more complete discussion of last resort housing appears
					 in the "Guidance Document for Determination of Certain Financial Benefits for
					 Displacees," effective October 1, 2014.
Statutory Authority: § 25.1-402 of the Code of
						Virginia; 42 USC § 4601 et seq.; 49 CFR Part
						24.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part XI - Last Resort Housing › Section 24VAC30-41-660 - Utilization of last resort housing

Current through Register Vol. 40, No. 24, July 15, 2024
Last resort housing is applicable when:
1. Comparable replacement housing is not
				  available on the housing market; or
2. Comparable replacement housing is
				  available, but:
a. The computed replacement
				  housing payment exceeds the $31,000 limitation; or
b. The computed rent supplement exceeds the
				  $7,200 limitation.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part XI - Last Resort Housing › Section 24VAC30-41-670 - Last resort housing plan

Current through Register Vol. 40, No. 24, July 15, 2024
If the analysis of the characteristics and needs of a
					 displaced family indicates that the provision of last resort housing may be
					 necessary, the district office will develop a plan to determine the method of
					 producing comparable replacement housing. In the development of the plan,
					 innovative approaches and methods for the provision and financing of
					 replacement housing will be considered. The plan shall include:
1. Consideration of requirements of local
				  zoning and building codes with reference to methods proposed to provide
				  comparable housing;
2. Discussion
				  of how, when and where housing will be provided;
3. Consideration of environmental suitability
				  of the location of the proposed housing, including consideration of
				  environmental justice;
4. How
				  housing will be financed and the amount of funds to be used for such housing
				  from all funding agencies and private sources;
5. Prices for the housing to be rented or
				  sold is within the financial means of the families and individuals to be
				  displaced;
6. Arrangements for
				  maintaining rent levels appropriate for the persons to be relocated;
7. Arrangements for rental housing
				  management;
8. Disposition of the
				  proceeds from rental, sale, or resale of such housing;
9. How the construction will be monitored;
				  and
10. Any other comments
				  pertinent to providing replacement housing.
The central office relocation section may perform the
					 approval of Last Resort Housing Plans when the computation exceeds an amount
					 determined by the director of the right of way and utilities division.
Last resort housing cases are often identified during the
					 process of providing relocation services and benefits. They may arise from
					 unique circumstances that affect a displaced household. The relocation plan in
					 these cases will consist of a summary of the specific relocation problems, a
					 discussion of methods considered and a detailed statement of the method,
					 estimated cost and time required to implement the recommended solution. The
					 method will be implemented on approval of the district manager or an assistant
					 district manager.
Statutory Authority
§§ 25-253 and 33.1-12 of the Code of Virginia;
						42 USC § 4601 et seq.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part XI - Last Resort Housing › Section 24VAC30-41-680 - Last resort housing alternative solutions

Current through Register Vol. 40, No. 24, July 15, 2024
A. VDOT has broad latitude in the methods
				  used and the manner in which it provides housing of last resort. After
				  consideration of all practical options, a method should be selected which
				  provides comparable housing at the most reasonable cost, within the time
				  constraints of roadway project scheduling and urgency of the displacee's need.
				  Methods for providing this housing include, but are not limited to:
1. Making an offer and payment greater than
				  $31,000 for a displaced owner or $7,200 for a displaced tenant;
2. Rehabilitation, modifications or additions
				  to an existing replacement dwelling to accommodate displacee needs;
3. The construction of a new replacement
				  dwelling;
4. The relocation and, if
				  necessary, rehabilitation of a replacement dwelling;
5. The purchase of land or a replacement
				  dwelling, or both, by VDOT and subsequent sale, lease to, or exchange with a
				  displaced person;
6. Acting as
				  mortgagee in financing a displacee's purchase of housing; and
7. The provision of features such as entrance
				  ramps, wide doors, etc., which will make a dwelling accessible to a disabled
				  displacee.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part XI - Last Resort Housing › Section 24VAC30-41-690 - Cooperative agreements

Current through Register Vol. 40, No. 24, July 15, 2024
VDOT may enter into agreements with any other federal,
					 state or local agency or contract with any individual, firm, corporation or
					 nonprofit association for services in connection with these activities. It is
					 expected that VDOT, to the greatest extent practicable, will utilize the
					 services of federal, state or local housing agencies or other agencies having
					 experience in the administration or conduct of similar housing assistance
					 activities.
Statutory Authority
§§ 25-253 and 33.1-12 of the Code of Virginia;
						42 USC § 4601 et seq.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part XI - Last Resort Housing › Section 24VAC30-41-700 - Nonsequential displacement

Current through Register Vol. 40, No. 24, July 15, 2024
Any person displaced because of the acquisition of real
					 property for a last resort housing project under VDOT's power of eminent domain
					 (including amicable agreements under the threat of such power) is entitled to
					 all eligible benefits under the relocation assistance provision. This provision
					 is not applicable to an owner-occupant who voluntarily acts to sell the
					 property to VDOT for last resort housing and owner certifies same in a
					 statement that will be retained in VDOT files.
Statutory Authority
§§ 25-253 and 33.1-12 of the Code of Virginia;
						42 USC § 4601 et seq.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part XI - Last Resort Housing › Section 24VAC30-41-710 - Last resort housing disbursements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Rental assistance payments made to
				  displacees who rent replacement housing under this section will be paid in
				  annual installments directly to the displacee. However, when in the district
				  manager's judgment, a direct payment or annual payments would not be prudent
				  and in the public interest, other payment options will be arranged. Whenever
				  special payment options are invoked, the file will be documented with the
				  reasons for invoking these options.
B. Displacees may not be required to accept
				  last resort housing in place of a rent supplement or a purchase supplement for
				  which they may be eligible under normal program provisions. A displacee may
				  choose to accept a conventional purchase or rental supplement in lieu of a last
				  resort housing solution. This is conditioned that all eligibility criteria are
				  met, including rental or purchase and occupancy of a decent, safe and sanitary
				  dwelling.
C. Displacees who receive
				  a housing or financial payment under last resort housing will be required to
				  certify that they accept the housing or benefit in lieu of the rent supplement
				  or purchase supplement for which they would otherwise be eligible.
Statutory Authority
§§ 25-253 and 33.1-12 of the Code of Virginia;
						42 USC § 4601 et seq.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part XII - Records, Reports and Audits › Section 24VAC30-41-720 - Relocation records

Current through Register Vol. 40, No. 24, July 15, 2024
The district office will assemble and maintain records on
					 project, parcel and case levels, showing the basis for major decisions and
					 benefit determinations. Copies of all official forms and letters to and from
					 displacees will be retained.
The following specific records will be retained:
1. State and Federal Project and Parcel
				  identification.
2. Date of
				  initiation of negotiations for project.
3. Names and addresses of displaced persons
				  and their complete original and new addresses and telephone numbers (Library
				  Forms RW-69A and 69B).
4. Personal
				  contacts made with each displaced person, including for each:
a. Date of notification of availability of
				  relocation payments and services (Library Forms RW-69A, RW-59 (1), (2), and (3)
				  and RW-68A);
b. Name of the
				  relocation agent offering or providing the relocation assistance (Library Forms
				  RW-69A and RW-68A);
c. Whether the
				  offer of assistance in locating or obtaining replacement housing was declined
				  or accepted and the name of the individual accepting or declining the offer
				  (Library Form RW-69B);
d. Date and
				  substance of all relocation contacts (Library Form RW-68A);
e. Date on which the relocated person was
				  required to move from the property acquired for the project (included in the
				  confirmation or acceptance letter in the parcel file);
f. Date on which actual relocation occurred
				  (Library Forms RW-67A or B); and
g.
				  Type of tenure before and after relocation (Library Forms RW-69A and
				  69B).
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part XII - Records, Reports and Audits › Section 24VAC30-41-730 - Moving expense records

Current through Register Vol. 40, No. 24, July 15, 2024
The district office will maintain records containing the
					 following information regarding moving expense payments for each
					 displacee:
1. The date the removal of
				  personal property was accomplished (Library Form RW-67A or B);
2. The location from which and to which the
				  personal property was moved (Library Forms RW-69A, RW-67A or RW-67B);
3. If the personal property was stored
				  temporarily, the location where the property was stored, the duration of such
				  storage and justification for the storage and storage charges. (Library Form
				  RW-67A or B);
4. Itemized statement
				  of the cost incurred supported by receipted bills or other evidence of expense
				  (Library Form RW-67A or B);
5.
				  Amount of reimbursement claimed, amount allowed and an explanation of any
				  difference (Library Form RW-67A or B);
6. Data supporting any determination that a
				  business cannot be relocated without a substantial loss of its existing
				  patronage and that it is not part of a commercial enterprise having more than
				  three establishments not being acquired (Parcel File); and
7. When an in lieu of payment is made to a
				  business, nonprofit organization, or farm operation, data showing how the
				  payment was computed (Parcel File).
Statutory Authority
§§ 25-253 and 33.1-12 of the Code of Virginia;
						42 USC § 4601 et seq.