Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-100 - Uniform relocation assistance and real property acquisition › Subpart E - REPLACEMENT HOUSING PAYMENTS › Section 468-100-403 - Additional rules governing replacement housing payments

Current through Register Vol. 24-14, July 15, 2024
(1)
Determining cost of comparable
				replacement dwelling:
The upper limit of a replacement housing payment
				shall be based on the cost of a comparable replacement dwelling (defined in WAC
				468-100-002(6)).
(a)
Three-comparable method:
If available, at least three comparable replacement dwellings shall be
				examined and the payment computed on the basis of the dwelling most nearly
				representative of, and equal to, or better than, the displacement
				dwelling.
(b)
Major exterior
				attribute:
If the site of the comparable replacement dwelling lacks a
				major exterior attribute of the displacement dwelling site (e.g., the site is
				significantly smaller or does not contain a swimming pool or outbuildings), the
				value of such attribute shall be subtracted from the acquisition cost of the
				displacement dwelling for purposes of computing the replacement housing
				payment.
(c)
Remainder offer:
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 remnant
				of the displacement dwelling site or a buildable residential lot, the agency
				may offer to purchase the entire property. If such an offer is made and the
				owner refuses to sell the remainder to the agency, the value attributable to
				that remainder, shall be added to the acquisition price paid for the
				displacement dwelling for purposes of computing the price
				differential.
(d)
Location:
To the extent feasible, comparable replacement dwellings shall be
				selected preferably from the neighborhood in which the displacement dwelling
				was located or, if not otherwise feasible, from nearby or similar neighborhoods
				where housing costs are generally the same as in the displacement neighborhood.
				Where that is not possible dwellings may be selected from neighborhoods where
				housing costs are the same or higher.
(e)
Multiple occupants of one
				displacement dwelling:
If two or more occupants of the displacement
				dwelling move to separate replacement dwellings, each occupant is entitled to a
				reasonable prorated share, as determined by the agency, of any relocation
				payments that would have been made if the occupants moved together to a
				comparable replacement dwelling. However, if the agency determines that two or
				more occupants maintained separate households within the same dwelling, such
				occupants have separate entitlements to relocation payments.
(f)
Deductions from relocation
				payments:
An agency shall deduct the amount of any advance relocation
				payment from the relocation payment(s) to which a displaced person is otherwise
				entitled. The agency shall not withhold any part of a relocation payment to a
				displaced person to satisfy an obligation to any other creditor.
(g)
Mixed-use and multifamily
				properties:
If the displacement dwelling was part of a property that
				contained another dwelling unit and/or space used for nonresidential purposes,
				and/or is located on a tract larger than a site that is typical for residential
				purposes, only that portion of the acquisition payment which is actually
				attributable to the displacement dwelling shall be considered its acquisition
				cost when computing the price differential.
(h)
Insurance proceeds:
To the
				extent necessary to avoid duplicate compensation, the amount of any insurance
				proceeds received by a person in connection with a loss to the displacement
				dwelling due to a catastrophic occurrence (fire, flood, etc.) shall be included
				in the acquisition cost of the displacement dwelling when computing the price
				differential. (Also see WAC
				468-100-003.)