1680-06-02-.04
Administration - General
Cite as Tenn. Comp. R. & Regs. 1680-06-02-.04
(1)
Contracting for Relocation Assistance Services.
To prevent unnecessary expense and duplication of functions, and to promote uniform and
effective administration of the Act, the Department or other displacing agency may enter into
contracts with any individual, firm or corporation for services in connection with a program or
project, or may carry out all functions provided for under the Act through any federal agency,
or any state agency, or any local agency, or any person having an established organization for
conducting the provisions of the Act.
(2)
State Share of Costs.
RELOCATION ASSISTANCE PROGRAM
CHAPTER 1680-06-02
The cost to a local agency of providing payments and assistance under T.C.A. §§ 13-11-109
and 13-11-110 shall be included as part of the cost of a program or project for which state
financial assistance is available to such local agency, and such local agency shall be eligible
for state financial assistance with respect to such payments and assistance in the same
manner and to the same extent as other program or project costs.
(3)
Assurances, Monitoring and Corrective Action.
(a)
The Department shall not approve any grant to, or contract or agreement with, a local
agency or other displacing agency under which state or federal financial assistance will
be available to pay all or part of the cost of any program or project which will result in
the displacement of any person unless the Department receives satisfactory
assurances from the local agency or other displacing agency that:
1.
Fair and reasonable relocation payments and assistance shall be provided to or
for displaced persons in accordance with T.C.A. §§ 13-11-105 through 13-11-
107;
2.
Relocation assistance programs offering the services described in T.C.A. § 13-
11-108 shall be provided to such displaced persons; and
3.
There is compliance with the provisions of T.C.A. §§ 13-11-108(c)(3) and 13-11-
109.
(b)
The Department may monitor compliance with the Act and these Rules and take such
corrective action as may be necessary to bring the local agency or other displacing
agency into compliance with the Act and these Rules. The Department may also apply
sanctions in accordance with any applicable program regulations.
(4)
Prevention of Fraud, Waste and Mismanagement.
The displacing agency shall take appropriate measures to carry out the requirements of these
Rules in a manner that minimizes fraud, waste and mismanagement.
(5)
Civil Rights.
(a)
In accordance with federal and state law, it is Department policy that only open housing
available to all without regard to race, color, creed, religion, sex, age, handicap, familial
status or national origin will be used as replacement housing resources.
(b)
It is further Department policy to ensure that no person be excluded from participation
in, be denied any benefits of, or be subjected to discrimination under any program or
activity of the State because of race, creed, color, religion, sex, age, handicap, familial
status or national origin, and to take affirmative action to promote the full
implementation of this policy throughout the State.
(c)
Upon receipt of a fair housing discrimination complaint, the Department or other
displacing agency will instruct the displaced person to write to one of the following:
U.S. Department of Housing and Urban Development
Fair Housing and Equal Opportunity Compliance
Division Agency of Housing and Urban Development
Richard D. Russell, Federal Building
75 Spring Street, S.W.
Atlanta, Georgia 30303
RELOCATION ASSISTANCE PROGRAM
CHAPTER 1680-06-02
or
Tennessee Human Rights Commission
312 Rosa L. Parks Ave., 23rd Floor
Nashville, Tennessee 37243
(d)
The letter should contain a statement that the person believes he has been the victim of
housing discrimination and a request for appropriate complaint forms. The displacing
agency should assist in completing the forms and in having the complaint notarized.
(6)
Recordkeeping and Reports.
(a)
The displacing agency shall maintain adequate records of its displacement and
relocation activities in sufficient detail to demonstrate compliance with the Act and these
Rules. These records shall be maintained for at least 3 years after each displaced
person receives the final payment to which such person is entitled under the Act and
these Rules.
(b)
Records maintained by the displacing agency in accordance with these Rules are
confidential regarding their use as public information, unless applicable law provides
otherwise.
(c)
The displacing agency shall submit a report of its displacement activities under these
Rules if requested by the Department or the federal agency funding the project, if
applicable. The report shall be submitted in a form acceptable to the Department or the
applicable federal agency.
(7)
Notices.
Any notice that a displacing agency is required to provide to a displaced person under the Act
or these Rules shall be personally served or sent by certified or registered first-class mail,
return receipt requested, and documented in the displacing agency’s files. Each notice shall
indicate the name and telephone number of a person who may be contacted for answers to
questions or additional assistance.