Program Requirements

(1) Notices. (a) General Information Notice. As soon as feasible in connection with a covered activity, a person scheduled to be displaced shall be furnished with a written notice about the following: 1. Information that the person may be displaced for the covered activityand a general description of the relocation process, including the conditions of eligibility, the types of available payments, and the procedures for obtaining payment. 2. Information that the person will be given relocation advisory services with a general description of these services. 3. Information that the person will not be required to move without written notice at least four months in advance. (b) Notice of Relocation Eligibility. The agency shall promptly notify all legal occupants in writing of their eligibility for applicable relocation assistance. (c) Advance Notice for Moving. No legal occupant shall be required to move unless the occupant has received a written notice at least four months in advance of the earliest date by which the occupant will be required to move. This notice either shall either state a specific date by which the occupant shall be required to move, or shall state that the occupant will receive a further notice, at least 30 days in advance, stating the specific date by which the occupant will be required to move. (d) Exigent Circumstance for Short Notice. An occupant may be required to vacate the property on less than four months advance written notice if the displacing agency, with the consent of the Bureau, determines that a notice of less than four months is reasonable under the circumstances. (e) Delivery of Notices. All notices shall be sent by certified mail, return receipt requested, or personally delivered with documentation of delivery. A recipient’s failure to accept certified mail, properly addressed, shall not affect the sufficiency of a notice. (2) Assistance to Businesses in Becoming Reestablished. The relocation advisory agency, the displacing agency, or both shall assist businesses to be displaced in becoming reestablished. This assistance, when appropriate, shall include determination of space requirements, financial capacity, location preferences, traffic patterns, proximity to suppliers and market requirements of the business, and assessing the adequacy of proposed replacement locations. Assistance may also include referrals to public agencies and lending institutions offering business development services or programs. The agency shall also supply businesses with current information on available and suitable replacement locations until such time as either the business has identified a suitable replacement location or the agency has identified at least two suitable replacement locations for consideration by the business. A suitable replacement location shall be such as to meet the reasonable needs of the business, as determined by the relocation advisory or displacing agency. (3) Assistance to Residents in Securing Suitable Replacement Housing. The relocation advisory agency, the displacing agency, or both shall provide assistance to legal occupants to be displaced. This assistance, when appropriate, shall include current information on suitable available housing, inspection of replacement housing, help in filing applications with local housing authorities, help in preparing applications to lending institutions for mortgage financing of replacement housing, and information regarding available housing programs and relevant social services, as needed. No legal occupant to be displaced shall be required to move from a dwelling unit unless at least one comparable replacement dwelling has been made available to the person’s household. The procedures set out in 49 CFR 24.204, as amended, shall be applicable. (4) Administration of Relocation Payments. (a) Time for Filing Relocation Claims. Claims for relocation payments by a displaced person shall be filed in writing with the displacing agency within 18 months after the date that a move was completed. If the claimant is the owner of the property, claimant may file a claim within 18 months after the date of final payment for the acquired property. (b) Advance Relocation Payments. If a displaced person demonstrates that an advance relocation payment is reasonably necessary to enable relocation, the displacing agency may issue the payment. This payment shall be subject to reasonable safeguards appropriate to ensure that the relocation payment is used for its intended purpose. The amount advanced shall be deducted from the total final relocation payment. (c) Expeditious Determination of Relocation Claims. Following receipt of a relocation claim, the displacing agency shall conduct an expeditious review and shall promptly notify the claimant about the need for any additional information in order for the displacing agency to determine the claim. Payment for a claim shall be made within 45 days following receipt of documentation which establishes claimant’s entitlement. If the displacing agency fails either to pay a displaced person within 120 days of submission of a relocation claim, or to deny payment on the claim, the agency shall file monthly status reports with the Bureau explaining the reasons why payment has not been made until payment is made or denied. (d) Notice of Denial of Relocation Claim. If the displacing agency denies all or part of a relocation claim, it shall promptly notify the claimant in writing of its determination, the basis of the determination, and the procedure for obtaining further review of the claim by the displacing agency. (e) Further Review by the Displacing Agency. Any displaced person aggrieved by the determination of a displacing agency as to the amount of a relocation payment to a claimant or as to the claimant’s eligibility for a relocation payment may file a further review by the displacing agency. The claimant shall be given at least 60 days after receipt of the determination within which to request further review. The request for further review shall contain the name and address of the displaced person and shall identify the determination from which the displaced person requests further review. At this or any other stage of the proceedings the claimant may be represented by legal counsel or other representative and shall have the right to inspect and copy relevant material regarding the claim. There shall be a hearing on further review conducted by an impartial person representing the displacing agency. The displaced person and the displacing agency may present oral and written evidence at the hearing. The procedure shall be informal. Following the hearing, the displacing agency shall render a written decision as to the amount of the claim, eligibility for assistance, or both with an explanation of the reasons supporting such decision. The displacing agency shall inform the displaced person of the right to request review of the decision by the Bureau. A copy of the decision shall be mailed or delivered to the claimant who may request a review by writing to the Bureau at the Department of Housing and Community Development, 100 Cambridge Street, Boston, MA 02202 within 30 days of receipt of the decision. If review by the Bureau is not sought within 30 days of receipt of a decision, the decision of the displacing agency shall be final. (f) Review by the Bureau. Following receipt of a request for review of the decision of a displacing agency, the Bureau shall schedule a hearing. The hearing officer shall be an impartial person. The hearing shall be conducted in accordance with the provisions of M.G.L. c. 30A and the hearing rules set out in 801 CMR. Following the hearing, the Bureau shall determine whether a substantial factual basis existed for the determination of the displacing agency and whether the displacing agency correctly applied relevant law to the facts. If the Bureau shall find that a substantial factual basis is lacking and/or that the relevant law has been incorrectly applied, it may itself find the facts and apply the law to those facts. Following the hearing, the Bureau shall render a written decision which shall set out the issues considered, the reasons for the resolution of each issue, and the applicable facts and law supporting the resolution of each such issue. The decision shall specify the appropriate action to be taken based upon the resolution of the issues. The decision shall include notice specifying the rights of the parties to judicial review and the place, time and manner of seeking judicial review. (g) Review by the Bureau on Documentary Evidence Without a Hearing. If both the claimant and the displacing agency waive a hearing in writing, the Bureau may review a decision of the displacing agency on the basis of documentary evidence submitted by the parties. (h) Settlement Prior to Decision by the Bureau. At any time following a request for review by the Bureau but prior to its decision, the parties may settle all or some of the outstanding issues. Upon such a settlement, prompt notice shall be given to the Bureau. (i) Claim Documentation by the Displaced Person. Any claim for a relocation payment shall be supported by reliable documentation such as paid bills, canceled checks, other evidence payments were actually made or were due. A displaced person shall be given reasonable assistance in documenting a claim. (j) Verification by the Displacing Agency. The displacing agency may obtain written opinions from qualified and impartial persons to verify the validity or reasonableness of any portion of a relocation claim. The agency may also undertake site visits or monitor a move to whatever extent is practical to verify that the move and/or relevant work was satisfactorily completed. (k) Relocation Payments in Excess of $50,000. If a displacing agency determines the total relocation payment for a relocation claim to be in excess of $50,000, a copy of each such claim shall be submitted to the Bureau by the displacing agency before payment is made. Within 30 days of receipt, the Bureau may disapprove the relocation payment if it is not legally or factually warranted. Within 30 days of such a disapproval the displacing agency or displaced person may request a hearing by the Bureau. The hearing shall be subject to the requirements of M.G.L. c. 30A. The Bureau shall promptly render a written decision. (l) Records. The displacing agency and the relocation advisory agency shall maintain records of their displacement activity and relocation assistance. These records shall be maintained for at least three years after each displaced person receives final relocation payment. The Bureau may review the records of any relocation advisory agency or relocation consultant to assess the quality of assistance provided on any particular project. Such reviews may be considered in qualifying relocation advisory agencies. (m) Non Duplication of Relocation Payments. A person who receives a relocation payment under applicable Federal law shall not receive a duplicate payment for the same purpose under applicable Massachusetts law. (n) Termination of Relocation Assistance. Relocation assistance to a displaced person should continue until permanent relocation has been achieved and all relocation payments have been made. In general, the only circumstances under which the agency’s obligation for relocation assistance may cease prior to this time are as follows: 1. The whereabouts of the displaced person are unknown. 2. The displaced person moves to substandard housing and refuses reasonable offers to move to a suitable dwelling unit. 3. A displaced business has received all requisite assistance and payments but has ceased operations. 4. The occupant refuses a reasonable number of offers of replacement accommodations. (o) Eviction. Eviction should be employed only as a last resort and shall be undertaken in conformance with applicable state and local law, and carried out in the manner described in 49 CFR 24.206 (as amended and as it may be amended). (p) Use and Occupancy Charges. If the displacing agency permits an owner or tenant to occupy the real property acquired on a rental basis for a short term or for a period subject to termination by the agency, the amount of the charge for use and occupancy required shall not exceed the fair market value of such use and occupancy. The agency shall inform such owner or tenant of the amount of the use and occupancy charge, the date and place payment is due, and identification of utilities and other services to be furnished by either party. The agency may not withhold past due use and occupancy charges from the occupant’s relocation payment without a court order or unless such an arrangement is agreed to by such owner or tenant in advance of the commencement of any use and occupancy charges. (q) Relocation Payments not considered as income. Relocation payments shall not be subject to attachment by trustee process or otherwise, nor shall they be subject to be taken on execution or other process. Relocation payments shall not be considered as income for such purposes as establishing eligibility of any person or family for publicly sponsored housing or public assistance programs including, without limitation, state and federal assistance to veterans. To the extent permissible under applicable state and federal tax law, relocation payments are not to be deemed taxable income.