 |
This training module was last updated in September, 2005.
|
The
Uniform Act,
passed by Congress in 1970, is a federal law that establishes minimum
standards for federally funded programs and projects that require
the acquisition of real property (real estate) or displace persons
from their homes, businesses, or farms. The Uniform Act's protections
and assistance apply to the acquisition, rehabilitation, or demolition
of real property for federal or federally funded projects.
- 49
CFR Part 24 is the government-wide regulation that implements
the URA.
-
HUD Handbook 1378
provides HUD policy and guidance on implementing the URA and 49
CFR Part 24 for HUD funded programs and projects
This
module covers URA requirements as they apply to HUD programs.
What
are the URA's objectives?
-
To provide uniform, fair and equitable treatment of persons whose
real property is acquired or who are displaced in connection with
federally funded projects
- To
ensure relocation assistance is provided to displaced persons
to lessen the emotional and financial impact of displacement
- To
ensure that no individual or family is displaced unless decent,
safe, and sanitary (DSS) housing is available within the displaced
person's financial means
- To
help improve the housing conditions of displaced persons living
in substandard housing
- To
encourage and expedite acquisition by agreement and without coercion
How
do URA requirements impact your project?
Agencies
conducting a program or project under the URA must carry out their
legal responsibilities to affected property owners and displaced
persons. Agencies should plan accordingly to ensure that adequate
time, funding and staffing are available to carry out their
responsibilities.
Some
of those responsibilities include:
- For
Real Property Acquisition
- Appraise property before negotiations
- Invite the property owner to accompany the appraiser during
the property inspection
- Provide the owner with a written offer of just compensation
and a summary of what is being acquired
- Pay for property before possession
- Reimburse expenses resulting from the transfer of title
such as recording fees, prepaid real estate taxes, or other
expenses.
Please
note that agency responsibilities for voluntary acquisitions differ.
(Please see Voluntary
Acquisition vs. Involuntary Acquisition in this training module
for additional information.)
- For Residential Displacements
- Provide relocation advisory services to displaced tenants
and owner occupants
- Provide a minimum 90 days written notice to vacate prior
to requiring possession
- Reimburse for moving expenses
- Provide payments for the added cost of renting or purchasing
comparable replacement housing
- For
Nonresidential Displacements (businesses, farms, and nonprofit
organizations)
- Provide relocation advisory services
- Provide a minimum 90 days written notice to vacate prior
to requiring possession
- Reimburse for moving and reestablishment expenses
Which
HUD Community Development Programs are covered by URA Requirements?
URA
requirements apply to HUD provided grants, loans, or contributions,
including HOME, CDBG, or Section 108 loan guarantees. There are,
however, a few exceptions to this general rule.
One
such exception is the American Dream Downpayment Initiative (ADDI).
On December 16, 2003, ADDI was signed into law under the American
Dream Downpayment Act (Public Law 108-186). By law, ADDI is not
subject to the URA requirements. See the URA
Exemption for additional information on ADDI.
A sample listing of HUD programs covered by the URA is provided
below. Note that this list is representative and it may change as
new programs are enacted.
You
should refer to HUD's program rules to help determine whether the
URA covers a particular program. When in doubt, grantees should contact
their HUD
Regional Relocation Specialist for assistance.
-
Community Development Block Grants (CDBG) Entitlement Program
-
Section 108 Loan Guarantees
-
CDBG HUD Administered Small Cities Program
-
State CDBG Program
-
Urban Development Action Grants
-
HOME Investment in Affordable Housing
-
Rental Rehabilitation Loans
-
Housing Opportunities for Persons with AIDS
-
Supportive Housing Program
-
Emergency Shelter Grants
-
Transitional Housing Program
-
Permanent Housing Program for Handicapped Homeless Persons
-
Supplemental Assistance for Facilities to Assist the Homeless
-
Shelter Plus Care
-
Section 312 Rehabilitation Loans
-
Special Purpose Grants
-
Supportive Housing for the Elderly
-
Supportive Housing for Persons with Disabilities
|