Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part IV - Relocation Advisory Services › Section 24VAC30-41-190 - Minimum advisory assistance service requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Advisory assistance service will be
				  provided by personal face to face contact with displacees whenever possible.
				  Services will include measures, facilities or services necessary or appropriate
				  to:
1. Determine the relocation needs,
				  preferences and intentions of each person to be displaced.
2. Explain the relocation eligibility
				  requirements and the procedures for obtaining such assistance. This will
				  include a personal interview with each person. These actions are taken in the
				  normal course of the pre-acquisition and negotiations phases.
3. Advise displacees that payments are not
				  considered income for tax purposes.
4. Provide current and continuing information
				  on the availability, purchase prices and rental costs of comparable replacement
				  dwellings. Explain that no one can be required to move unless a comparable
				  replacement dwelling is available.
5. Inform the person of the specific
				  comparable replacement dwelling and the price or rent used as the basis for
				  establishing the upper limit of relocation payments. The basis for the
				  determination should be explained.
6. Provide reasonable opportunity to minority
				  persons to relocate to decent, safe and sanitary replacement dwellings, not
				  located in areas of minority concentration, that are within their financial
				  means. This policy, however, does not require VDOT to provide a person a larger
				  payment than is necessary to enable a person to relocate to a comparable
				  replacement dwelling.
7. Offer all
				  displacees, especially the elderly and disabled, transportation to inspect
				  housing to which they are referred.
8. Provide current and continuing information
				  on the availability, purchase prices and rental costs of suitable commercial
				  properties and locations for businesses.
9. Assist any person displaced from a
				  business or farm operation to obtain and become established in a suitable
				  replacement location. Obtain information pertaining to the business'
				  replacement site requirements, current lease terms and other contractual
				  obligations and the financial capacity of the business to accomplish the
				  move.
10. Minimize hardships to
				  persons in adjusting to relocation by providing counseling, advice as to other
				  sources of assistance that may be available and such other help as may be
				  appropriate.
11. Supply persons to
				  be displaced with appropriate information concerning federal and state housing
				  programs, disaster loans and other similar programs administered by federal and
				  state agencies.
12. Determine if a
				  business has a need for an outside specialist required to assist in planning
				  the move, assistance in the actual move, and in the reinstallation of machinery
				  or other personal property.
13. For
				  businesses, every effort must be made to identify and resolve realty/personalty
				  issues prior to, or at the time of, the appraisal of the property.
14. Determine an estimate of the time
				  required for the business to vacate the site and the anticipated difficulty in
				  locating a replacement site.
15.
				  Plan for any advance relocation payments required for the move and the required
				  documentation to receive advance payments.
Advisory services will be offered on a basis commensurate
					 with the displacee's needs. This may require only minimum assistance when
					 displacees are involved who are well informed, mentally, physically and
					 financially able to manage their displacement and who neither need nor desire
					 VDOT's assistance. A much greater degree and intensity of services and
					 assistance will be provided to those who are elderly, infirm, immobile or
					 otherwise unable to cope with their displacement or economic problems.