http://www.faa.gov/arp/app600/49cfr24/ordchg2.doc

5100.37A CHG 2

CHANGE

U.S. DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION

12/01/00

SUBJ: Land Acquisition and Relocation Assistance for Airport Projects

PURPOSE. This change provides for revised 49 CFR Part 24 implementing PL 105-117 that denies relocation assistance and payments to an illegal alien, except as provided in the hardship provisions of the law and regulation. These regulations were issued as a Final Rule on February 12, 1999 (64 FR 7127) and are effective as of March 15, 1999. PL 105-117 amended the Uniform Relocation Assistance and Real Property Policies Act (42 U.S.C. 4601 et seq.) effective November 21, 1997. A working draft of these changes was issued on April 7, 1999.

Also technical changes (items b. through i. below) are made to update guidance and sample forms to conform to current regulatory and policy guidance on the application of 49 CFR Part 24.

DISTRIBUTION. This Change is distributed to the division level of the Office of Airport Planning and Programming, and the Office of Airport Safety and Standards; to the branch level at Regional Airport Divisions and all Airport District/Field Offices. EXPLANATION OF CHANGES. The additions to the Order to incorporate the revised regulation are as follows: Listed subject revision to 49 CFR 24 at paragraph 1-3(f), "Applicable Regulation". Definitions of "Aliens not Lawfully in the United States" and 'Citizen" added at page 1-2. Order also revised to list all other definitions contained in 49 CFR Part 24 alphabetically. Inclusion of illegal aliens as "Persons not Displaced", paragraph b. (11) under the definition of "Displaced Person". Added paragraph 4-1b. "General Applicability - Aliens Not Lawfully in the United States". Added cross-reference to self-certification requirement to paragraph 4-2 "Persons Eligible". Added paragraph 4-17 "Aliens not Lawfully in the United States". This provides the self-certification requirements to comply with the revised regulation. As noted in the change, an airport sponsor may meet the self-certification requirements by using the updated FAA relocation claim forms, Forms FAA 5100-124 and 125 currently available in electronic format at the FAA Airports Internet web site at www.faa.gov/arp/app600/600home.htm.

Added paragraph 4-22e. to the "General Information Notice" providing the required notice on ineligibility of illegal aliens. The FAA brochure "Land Acquisition for Public Airports" that may be used as the general information notice containing this notice is available from the FAA Airports website at the above address. Delete paragraph 4-24 "Notice of Replacement Amounts", and modify paragraph 4-23 "Notice of Relocation Eligibility" to incorporate current guidance on proper timing of notice to displaced residential occupants and additional notice specifications for acquisitions not conducted under threat of condemnation or as voluntary transactions. Renumber "Ninety-Day Notice" as paragraph 4-24 and "Notice of Intent to Acquire" as paragraph 4-25. Rename paragraph 5-24. f "Removal and Reinstallation" and modify to provide guidance and limitations for eligible reinstallation cost mandated by applicable Federal, state, and local codes and ordinances.

Modify paragraph 6-25 c (3) to clarify application procedure for higher and better use carve-out. Include a new paragraph 6-25 i., to provide guidance on making replacement housing payments on a displaced homeowners occupancy of a previously owned dwelling as their replacement dwelling, in conformance to 49 CFR 24.403 (g). Revise paragraph 6-27, Increased Mortgage Interest Costs, to update guidance on computing Mortgage Interest Differential Payment eligibility for Fixed and Adjustable Rate Mortgages (ARMs). Electronic versions of forms FAA 5100-123 and 5100-123-ARM to compute payment eligibility are available from APP-600 or at the FAA Airports website, www.faa.gov/arp/app600/600home.htm Revise paragraph 6-48, Housing of Last Resort Payments, to provide consistent payment procedures specified in 49 CFR Part24 and to clarify the installment payment procedure required for Last Resort Housing rental assistance payments. Replace Appendix 1 with listing of updated FAA Sample forms that are available in electronic format at the FAA airports website, www.faa.gov/arp/app600/600home.htm. The change number and date of change is shown at the top of each page. PAGE CONTROL CHART

Remove Pages

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1-1 to 1-6

4-1 & 4-2

4-5 to 4-13

5-5 &5-6

6-7 to 6-10

6-15 & 6-16

Appendix 1

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6-15

Appendix 1

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- s -

CATHERINE M. LANG

Director, Office of Airport Planning and Programming

CONTENTS

CHAPTER 1. INFORMATION AND REQUIREMENTS

SECTION 1. INTRODUCTION

1-1. Purpose 1-1

1-2. Authorizing Legislation 1-1

1-3. Applicable Regulation 1-1

1-4. thru 1-10. Reserved 1-1

SECTION 2. DEFINITIONS - Alphabetical Listing

(formerly paragraphs 1-11 through 1-40)

Agency 1-2

Alien not Lawfully Not Present in the United States 1-2

Appraisal 1-2

Business 1-2

Citizen 1-2

Comparable Replacement Dwelling 1-2

Contribute Materially 1-3

Decent, Safe, and Sanitary Dwelling 1-3

Displaced Person 1-4

Dwelling 1-4

Farm Operation 1-5

Initiation of Negotiations 1-5

Lead Agency 1-5

Mortgage 1-5

Nonprofit Organization 1-5

Notice of Intent To Acquire or Notice of Eligibility For Relocation Assistance 1-5

Owner of A Dwelling 1-5

Person 1-5

Project 1-5

Salvage Value 1-5

Small Business 1-6

Tenant 1-6

Uneconomic Remnant 1-6

Unlawful Occupancy 1-6

Utility Costs 1-6

Utility Facility 1-6

Utility Relocation 1-6

SECTION 3. ELIGIBILITY FOR FEDERALLY ASSISTED PROJECT FUNDS

1-41. Property Involved in Federal Aid Projects 1-6

1-42. Projects Using Passenger Facility Charges (PFC's) 1-6

1-43. Reimbursement Requirements 1-7

1-44. Interest Acquired 1-7

1-45. Long Term Lease 1-7

1-46. Losses Due to Negligence 1-7

1-47. Federal Share 1-7

1-48. Persons Displaced From Any Land Acquired Under Grant 1-7

1-49. Advisory Services To Adjacent Property Owners 1-8

1-50. Fixed-Base Operators 1-8

1-51. Project Assurances 1-8

1-52. Last Resort Housing 1-8

1-53. Administration of Jointly-Funded Projects 1-8

1-54. Records 1-8

1-55. Waiver of Regulation 1-8

1-56. Monitoring and Corrective Action 1-8

1-57. Prevention of Fraud, Waste, and Abuse 1-9

1-58. thru 1-60. Reserved 1-9

SECTION 4. APPEALS

1-61. Notice of Right To Appeal 1-9

1-62. Actions Which May Be Appealed 1-9

1-63. Appeal Procedures 1-9

1-64. thru 1-70. Reserved 1-10

CHAPTER 2. APPRAISAL AND APPRAISAL REVIEW

SECTION 1. APPRAISAL STANDARDS

2-1. General 2-1

2-2. Preliminary Activities and Information 2-1

2-3. Appraisal Data 2-1

2-4. Appraisal for Less-Than-Full-Fee Interest 2-2

2-5. Property Being Partially Acquired 2-2

2-6. Independently Prepared 2-2

2-7. Preparation of Appraisal 2-2

2-8. Appraiser's Certification 2-2

2-9. Information To Be Furnished By Airport Owner 2-2

2-10. Reserved 2-2

SECTION 2. REQUIREMENTS FOR APPRAISERS

2-11. Appraiser Qualifications 2-3

2-12. Reviewing Appraiser 2-3

2-13. Employment of Fee Appraisers and Specialists 2-3

2-14. Appraisal Fees 2-3

2-15. Requirements For Contracts and Agreements 2-4

2-16. thru 2-20. Reserved 2-5

SECTION 3. PREPARATION OF REAL ESTATE APPRAISALS

2-21. Appraisal Report Content - Detailed Appraisals 2-5

2-22. Uncomplicated Acquisition 2-7

2-23. Nominal Value Finding 2-7

2-24. Specialty Appraisal 2-7

2-25. Number of Appraisals 2-8

2-26. Appraisal of Properties Containing Hazardous Materials 2-8

2-27. Life Estate 2-9

2-28. thru 2-30. Reserved 2-9

SECTION 4. REVIEW OF APPRAISALS

2-31. Responsibility of the Airport Owner 2-10

2-32. Employment of Contract Review Appraiser 2-10

2-33. Appraisal Review Function 2-10

2-34. Estimate of Just Compensation By Reviewing Appraiser 2-10

2-35. Appraisal Review 2-10

2-36. Review of Specialty Appraisals 2-12

2-37. thru 2-40.Reserved 2-12

SECTION 5. AVIGATION EASEMENTS

2-41. Description of Easement 2-12

2-42. Airspace 2-12

2-43. Preparing The Easement Appraisal 2-13

2-44. thru 2-50.Reserved 2-16

SECTION 6. APPRAISAL REVIEW BY FAA PERSONNEL

2-51. FAA Review Responsibility 2-16

2-52. Review Methodology 2-17

2-53. Scope of Review 2-18

2-54. Timing of Reviews 2-18

2-55. Withholding of Federal Funds 2-19

2-56. thru 2-60.Reserved 2-19

CHAPTER 3. ACQUISITION OF REAL PROPERTY

SECTION 1. ACQUISITION STANDARDS

3-1. General 3-1

3-2. Negotiation Policy 3-1

3-3. Initiation of Negotiation 3-2

3-4. Summary Statement of the Basis For Just Compensation 3-2

3-5. Negotiation Contacts 3-3

3-6. Owner Retention 3-3

3-7. Acquisition of Tenant-Owned Improvements 3-3

3-8. Uneconomic Remnant 3-4

3-9. Voluntary Acquisition 3-4

3-10. Life Estate Interests 3-4

3-11. Acquisition of Property Containing Hazardous Materials 3-5

3-12. Expenses Incidental To Transfer of Title 3-5

3-13. Closing On Airport Owner Acquired Land 3-5

3-14. Records of Negotiation 3-6

3-15. Negotiators 3-6

3-16. Donations 3-7

3-17. thru 3-20.Reserved 3-7

SECTION 2. ADMINISTRATIVE SETTLEMENTS

3-21. Basis For An Administrative Settlement 3-7

3-22. Documentation 3-7

3-23. Noncompensable Items 3-8

3-24. thru 3-30. Reserved 3-8

SECTION 3. CONDEMNATION AWARDS

3-31. Disposition of Condemnation Cases 3-8

3-32. Condemnation Settlements 3-8

3-33. Condemnation Awards 3-8

3-34. Litigation Expenses 3-9

3-35. thru 3-40.Reserved 3-9

SECTION 4. FUNCTIONAL REPLACEMENT

3-41. Basis For Functional Replacement 3-9

3-42. Procedures For Implementation 3-9

3-43. Federal Participation 3-10

3-44. thru 3-50. Reserved 3-10

CHAPTER 4. RELOCATION ASSISTANCE

SECTION 1. PRELIMINARY RELOCATION ADVISORY PROGRAM

4-1. General 4-1

4-2 Persons Eligible For Assistance 4-1

4-3. Date of Eligibility 4-1

4-4. Voluntary Acquisition 4-1

4-5. Relocation Personnel 4-1

4-6. Relocation Plan 4-1

4-7. Local Relocation Office 4-2

4-8. Information To Be Maintained 4-3

4-9. Coordination With Other Agencies 4-3

4-10. Claims For Relocation Payments 4-3

SECTION 2. GENERAL INFORMATION

4-11. Public Hearing 4-4

4-12. Relocation Brochure 4-4

4-13. Minimum Advisory Service Requirements 4-4

4-14. Relocation Planning For Displaced Businesses 4-5

4-15. Coordination of Relocation Activities 4-5

4-16. Refusal of Assistance and Payments 4-6

4-17. Aliens Not Lawfully in the United States 4-6

4-18. thru 4-20.Reserved 4-7

SECTION 3. RELOCATION NOTICES

4-21. Manner of Notices 4-7

4-22. General Information Notice 4-7

4-23. Notice of Relocation Eligibility 4-7

4-24. Ninety-Day Notice To Vacate 4-7

4-25. Notice of Intent to Acquire 4-7

4-27. thru 4-30.Reserved 4-7

SECTION 4. RELOCATION CONTRACT PROCEDURES

4-31. Relocation Functions Performed By Other Than Airport Owner 4-7

4-32. Agencies Providing Relocation Assistance 4-7

4-33. Contracting Procedures 4-7

4-34. Revision or Amendment of Existing Agreement or Contract 4-8

4-35. thru 4-40.Reserved 4-8

SECTION 5. RELOCATION RECORDS

4-41. Relocation Records - General 4-9

4-42. Moving Expense Records 4-9

4-43. Replacement Housing Payment Records 4-9

4-44. Records Available For Inspection 4-10

4-45. thru 4-50.Reserved 4-10

SECTION 6. RELOCATION PAYMENTS REVIEW BY FAA PERSONNEL

4-51. FAA Review Responsibility 4-10

4-52. Scope of Review 4-10

4-53. Timing of Reviews 4-10

4-54. Methodology of Review 4-10

4-55. Withholding of Federal Funds 4-13

4-56. thru 4-60. Reserved 4-13

CHAPTER 5. PAYMENTS FOR MOVING AND RELATED EXPENSES

SECTION 1. GENERAL PROVISIONS

5-1. General 5-1

5-2. Eligibility For Moving and Related Expense Payments 5-1

5-3. Moving Expense Claims 5-1

5-4. Ineligible Moving and Related Expenses 5-2

5-5. thru 5-10.Reserved 5-2

SECTION 2. MOVING PAYMENTS FOR RESIDENTIAL MOVES

5-11. Types of Residential Moves 5-2

5-12. Actual Reasonable Moving Expenses 5-2

5-13. Fixed Payment For Moving Expenses 5-3

5-14. Owner-Occupants of Multi-Family Dwellings 5-3

5-15. thru 5-20.Reserved 5-3

SECTION 3. MOVING PAYMENTS FOR NONRESIDENTIAL MOVES

5-21. Notification and Inspection 5-3

5-22. Commercial Move 5-4

5-23. Self Move 5-4

5-24. Eligible Moving and Related Expenditures 5-5

5-25. Actual Direct Loss of Tangible Personal Property 5-6

5-26. Searching Expenses For A Replacement Site 5-7

5-27. Low Value, High Bulk Property 5-7

5-28. Transfer of Ownership 5-7

5-29. Reestablishment Expenses 5-7

5-30. Advertising Sign 5-8

SECTION 4. FIXED BUSINESS PAYMENT IN LIEU OF MOVING AND RELATED EXPENSES

5-31. Airport Owner Determination of Business Eligibility 5-8

5-32. Determining The Number of Businesses 5-8

5-33. Eligibility of Farm Operations 5-9

5-34. Payment Determination 5-9

5-35. In Operation Less Than Two Years 5-9

5-36. Owner Must Provide Information 5-9

5-37. Eligibility of Nonprofit Organizations 5-9

5-38. thru 5-40.Reserved 5-9

SECTION 5. UTILITY RELOCATION PAYMENTS

5-41. Eligibility Requirements 5-10

5-42. Extraordinary Expenses 5-10

5-43. Functionally Restore The Utility Service 5-10

5-44. thru 5-50. Reserved 5-10

CHAPTER 6. REPLACEMENT HOUSING PAYMENTS

SECTION 1. GENERAL PROVISIONS

6-1. Introduction 6-1

6-2. Availability of Comparable Dwelling Before Displacement 6-1

6-3. Construction of Replacement Dwelling 6-1

6-4. Decent, Safe, and Sanitary Housing Inspection 6-1

6-5. Statement of Eligibility To Lending Agency 6-2

6-6. Multiple Occupancy of One Dwelling Unit 6-2

6-7. Joint Residential and Business Use 6-2

6-8. Occupancy of Non Decent, Safe, and Sanitary Dwellings 6-2

6-9. Occupancy Requirements For Displacement of Replacement Dwellings 6-3

6-10. Claims For Replacement Housing Payments 6-3

6-11. Payment After Death 6-3

6-12. Conversion of Payment 6-3

6-13. thru 6-20. Reserved 6-4

SECTION 2. REPLACEMENT HOUSING PAYMENT FOR 180-DAY HOMEOWNER-OCCUPANT

6-21. Eligibility Requirements 6-4

6-22. Purchase of Replacement Dwelling 6-4

6-23. Replacement Housing Payment 6-4

6-24. Price Differential 6-5

6-25. Special Situations Affecting Price Differential 6-6

6-26. Rental Assistance Payment For 180-Day Homeowner 6-8

6-27. Increased Mortgage Interest Costs 6-8

6-28. Incidental Expenses 6-11

6-29. thru 6-30. Reserved 6-11

SECTION 3. REPLACEMENT HOUSING PAYMENT FOR 90-DAY OCCUPANT

6-31. Eligibility Requirements 6-11

6-32. Rental Assistance Payment 6-11

6-33. Downpayment Assistance 6-12

6-34. thru 6-40. Reserved 6-12

SECTION 4. REPLACEMENT HOUSING OF LAST RESORT

6-41. Determination To Provide Replacement Housing of Last Resort 6-12

6-42. Applicability 6-13

6-43. Rights of the Displaced Person 6-13

6-44. Inventory of Replacement Housing 6-13

6-45. Methods of Providing Comparable Replacement Housing 6-14

6-46. Displaced Person Not Meeting Length of Occupancy Requirements 6-15

6-47. Consequential Displacement 6-15

6-48. Disbursement of Housing of Last Resort Payments 6-15

6-49. Federal Participation in Last Resort Housing Costs 6-16

6-50. Reserved 6-16

CHAPTER 7. MOBILE HOMES

SECTION 1. GENERAL PROVISIONS

7-1. Applicability 7-1

7-2. Replacement Housing Payment Based On Dwelling and Site 7-1

7-3. Cost of Comparable Replacement Dwelling 7-1

7-4. Initiation of Negotiations 7-1

7-5. Inspection of Replacement Housing 7-1

7-6. Person Moves Mobile Home 7-1

7-7. Partial Acquisition of Mobile Home Park 7-1

7-8. thru 7-10.Reserved 7-2

SECTION 2. MOVING AND RELATED EXPENSES - MOBILE HOMES

7-11. Eligibility 7-2

7-12. Actual Moving Expenses 7-2

7-13. Mobile Home Repairs 7-2

7-14. Mobile Home Park Entrance Fee 7-2

7-15. thru 7-20. Reserved 7-2

SECTION 3. REPLACEMENT HOUSING PAYMENT DETERMINATIONS

7-21. Replacement Housing Payment For 180-Day Mobile Home Owner-Occupant 7-2

7-22. Replacement Housing Payment For 180-Day Owner-Occupant of A Conventional Dwelling Who Relocates Into A Mobile Home 7-5

7-23. Replacement Housing Payment For 90-Day Mobile Home Owner-Occupant 7-6

7-24. Replacement Housing Payment For 90-Day Owner-Occupant of A Conventional Dwelling Who Relocates Into A Mobile Home 7-9

7-25. Replacement Housing Payment For 90-Day Tenant-Occupant of A

Mobile Home 7-9

7-26. Replacement Housing Payment For 90-Day Tenant-Occupant of A Conventional Dwelling Who Relocates Into A Mobile Home 7-11

7-27. Recreational Vehicles and Houseboats 7-12

7-28. thru 7-30. Reserved 7-12

CHAPTER 8. PROPERTY MANAGEMENT

8-1. General 8-1

8-2. Property Inspection 8-1

8-3. Owner Retention 8-1

8-4. Rental of Property 8-1

8-5. Sale of Improvements 8-2

8-6. Demolition 8-2

8-7. Rodent and Pest Control 8-3

8-8. Income From Property Management 8-3

8-9. thru 8-10.Reserved 8-3

ALPHABETICAL INDEX

TABLES

Table 7-1 - Mobile Home Occupancy Situations 7-13

FIGURES

Figure 2-1 - Avigation Rights 2-14

Figure 6-1 - Sample FAA Form 5100-123, Mortgage Maintenance

Payment Computation 6-9

Figure 6-2 - Sample FAA Form 5100-123ARM, Adjustable Rate

Mortgage Interest Differential Payment Computation 6-10

APPENDICES

Appendix 1. FAA Sample Forms Listing (1 page)

electronic forms available at http://www.faa.gov/arp/app600/600home.htm 

Appendix 2. Cross Reference (5 pages)

CHAPTER 1. INFORMATION AND REQUIREMENTS

SECTION 1. INTRODUCTION

1-1. PURPOSE. This Order provides guidance and procedures to be followed by FAA personnel and airport owners when applying the Uniform Relocation Assistance and Real Property Acquisition Polices Act of 1970, as amended (hereinafter referred to as the Uniform Act) to airport projects receiving Federal financial assistance that involve the acquisition of land or the displacement of persons, farm operations, or businesses after January 1, 1971. This Order is not regulatory, but is the implementing procedure to assist FAA personnel and airport owners in carrying out provisions of the Uniform Act and OST Regulation, 49 CFR Part 24.

1-2. AUTHORIZING LEGISLATION. The Uniform Act became effective on the date of its enactment, January 2, 1971. The Act remained unchanged until April 2, 1987, when the Uniform Relocation Act Amendments of 1987, being Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (P.L. 100-17), were enacted. Provisions of the Uniform Act are mandatory and are applicable to each Federal agency that administers programs or provides financial assistance for projects which involve land acquisition and relocation assistance, regardless of whether the acquisition of the real property is included in the project as a project cost item. Paragraph 1-41 specifically describes the relationship of the Uniform Act and 49 CFR Part 24 to airport development projects and Federal Aviation Regulation (FAR), Part 150, Airport Noise Compatibility Planning.

a. Title I, General Provisions, defines terms used in the Act and establishes a policy of public agency certification.

b. Title II, Uniform Relocation Assistance, provides for the payment of moving and related expenses, relocation housing payments, relocation assistance advisory services, and Federal share of the cost of such payments and services. Its purpose is to establish a uniform policy for the fair and equitable treatment of persons displaced as a result of Federal and federally assisted programs in Order that they shall not suffer disproportionate injuries as a result of programs designed for the public as a whole.

c. Title III, Uniform Real Property Acquisition Policy, prescribes procedures to be followed in acquiring real property in Federal or federally assisted programs or projects. Its purpose is to establish a uniform policy for the acquisition of real property in order to encourage and expedite acquisition by agreements with owners, to avoid litigation and relieve congestion in the courts, to assure consistent treatment for owners in the many Federal and federally assisted programs, and to promote public confidence in land acquisition practices in these programs.

1-3. APPLICABLE REGULATION. The final rule, 49 CFR Part 24, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs, dated March 2, 1989, became fully effective on April 2, 1989. The regulation established a government-wide single rule for the implementation of statutory amendments to the Uniform Act.. Following is a list of current and previous issues of the regulation:

a. May 20, 1971, Relocation Assistance and Land Acquisition under Federal and Federally-Assisted Programs.

b. September 4, 1975, Relocation Assistance and Land Acquisition for Federal and Federally-Assisted Programs.

c. March 5, 1985, Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs.

d. February 27, 1986, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs.

e. December 17, 1987, (Part 24 interim final rule), Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs.

f. March 15, 1999, Final rule (64 FR 7127) implements several amendments to the Uniform Relocation Assistance and Real Property Acquisition Policies Act that were made by PL 105-117. Those amendments provide that an alien not lawfully present in the United States shall not be eligible to receive relocation payments or any other assistance provided under the Uniform Act unless such ineligibility would result in exceptional and extremely unusual hardship to the alien's spouse, parent, or child and such spouse, parent, or child is a citizen or alien admitted for permanent residence.

1-4. THRU 1-10. RESERVED.

SECTION 2. DEFINITIONS - ALPHABETICAL

(formerly paragraphs 1-11 through 1-40)

AGENCY. The term “Agency” means the Federal agency, state, state agency, or person that acquires real property or displaces a person.

a. Acquiring Agency. The term “acquiring agency” means a state agency, as defined in paragraph 1-11d below, which has the authority to acquire property by eminent domain under state law, and a state agency or person which does not have such authority.

b. Displacing Agency. The term “displacing agency” means any Federal agency carrying out a program or project, and any state, state agency, or person carrying out a program or project with Federal financial assistance, which causes a person to be a displaced person.

c. State Agency. The term “state agency” means any department, agency, or instrumentality of a state or of a political subdivision of a state, any department, agency, or instrumentality of two or more states or of two or more political subdivisions of a state or states, and any person who has the authority to acquire property by eminent domain under state law. NOTE: An airport under public ownership is considered a state or state agency, depending on whom owns the airport. A private airport owner is considered a state agency when it receives Federal financial assistance because it is deemed a “person” in the state agency definition. Likewise, both categories of airport owners are considered “acquiring agencies” when land is acquired for airport development projects, and as “displacing agencies” when persons are displaced.

ALIEN NOT LAWFULLY PRESENT IN THE UNITED STATES. An alien who is not "lawfully present" in the United States as defined in 8 CFR 103.12 and includes:

An alien present in the United States who has not been admitted or paroled into the United States pursuant to the Immigration and Nationality Act and whose stay in the United States has not been authorized by the United States Attorney General, and An alien who is present in the United States after the expiration of the period of stay authorized by the United States Attorney General or who otherwise violates the terms and conditions of admission, parole or authorization to stay in the United States. APPRAISAL. The term “appraisal” means a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information.

BUSINESS. The term “business” means any lawful activity, except a farm operation, that is conducted:

a. Primarily for the purchase, sale, lease, and/or rental of personal and/or real property, and/or for the manufacture, processing, and/or marketing of products, commodities, and/or any other personal property; or

b. Primarily for the sale of services to the public; or

c. Primarily for outdoor advertising display purposes, when the display must be moved as a result of the project; or

d. By a nonprofit organization that has established its nonprofit status under applicable Federal or state law.

CITIZEN. The term "citizen" for purposes of determining eligibility under the Uniform Act and 49 CFR Part 24, includes both citizens of the United States and noncitizen nationals.

COMPARABLE REPLACEMENT DWELLING. The term “comparable replacement dwelling” means a dwelling, which is:

a. Decent, safe, and sanitary (as defined).

b. Functionally equivalent to the displacement dwelling. The term “functionally equivalent” means that it performs the same function, provides the same utility, and is capable of contributing to a comparable style of living. While a comparable replacement dwelling need not possess every feature of the displacement dwelling, the principal features must be present. Generally, functional equivalency is an objective standard, reflecting the range of purposes for which the various physical features of a dwelling may be used. However, in determining whether a replacement dwelling is functionally equivalent to the displacement dwelling, the airport operator may consider reasonable trade-offs for specific features when the replacement unit is “equal to or better than” the displacement dwelling;

c. Adequate in size to accommodate the occupants;

d. In an area not subject to unreasonable adverse environmental conditions;

e. In a location generally not less desirable than the location of the displaced person's dwelling with respect to public utilities and commercial and public facilities, and reasonably accessible to the person's place of employment;

f. On a site that is typical in size for residential development with normal site improvements, including customary landscaping. The site need not include special improvements such as outbuildings, swimming pools, or greenhouses.

g. Currently available to the displaced person on the private market. However, a comparable replacement dwelling for a person receiving government housing assistance before displacement may reflect similar government housing assistance; and

h. Within the financial means of the displaced person.

(1) A replacement dwelling purchased by a homeowner in occupancy at the displacement dwelling for at least 180 days prior to initiation of negotiations (180-day homeowner) is considered to be within the homeowner's financial means if the homeowner will receive the full replacement housing payment differential, all increased mortgage interest costs as described at, and all incidental expenses as described at, plus any additional amount required to be paid under Section 49 CFR 24.404 “Replacement Housing of Last Resort” described at Section 4 of Chapter 6 of this Order.

(2) A replacement dwelling rented by an eligible displaced person is considered to be within that person's financial means if, after receiving rental assistance under this part, the person's monthly rent and estimated average monthly utility costs for the replacement dwelling do not exceed the person's base monthly rental for the displacement dwelling.

(3) For a displaced person who is not eligible to receive a replacement housing payment because of the person's failure to meet length-of-occupancy requirements, comparable replacement rental housing is considered to be within the person's financial means if an agency pays that portion of the monthly housing costs of a replacement dwelling which exceeds 30 percent of such person's gross monthly household income or, if receiving a welfare assistance payment from a program that designates amounts for shelter and utilities, the total of the amounts designated for shelter and utilities. Such rental assistance must only be paid under housing of last resort procedures.

CONTRIBUTE MATERIALLY. The term “contribute materially” means that during the 2 taxable years prior to the taxable year in which displacement occurs, or during such other period as the airport operator determines to be more equitable, a business or farm operation:

a. Had average annual gross receipts of at least $5,000; or

b. Had average annual net earnings of at least $1000; or

Contributed at least 33-1/3 percent of the owner's or operator's average annual gross income from all sources. d. If the application of the above criteria creates an inequity or hardship in any given case, the FAA may approve the use of other criteria as determined appropriate.

DECENT, SAFE, AND SANITARY DWELLING. The term “decent, safe, and sanitary dwelling” means a dwelling, which meets applicable housing and occupancy codes. However, any of the following standards which are not met by an applicable code shall apply unless waived for good cause by the FAA. The dwelling shall:

a. Be structurally sound, weathertight, and in good repair.

Contain a safe electrical wiring system adequate for lighting and other devices.

c. Contain a heating system capable of sustaining a healthful temperature (of approximately 70 degrees) for a displaced person, except in those areas where local climatic conditions do not require such a system.

d. Be adequate in size with respect to the number of rooms and area of living space needed to accommodate the displaced person. There shall be a separate, well lighted and ventilated bathroom that provides privacy to users and contains a sink, bathtub or shower stall, and a toilet, all in good working order and properly connected to appropriate sources of water and to a sewage drainage system. In case of a housekeeping dwelling, there shall be a kitchen area that contains a fully usable sink, properly connected to potable hot and cold water and to a sewage drainage system, and adequate space and utility service connections for a stove and refrigerator.

e. Contains unobstructed egress to safe, open space at ground level. If the replacement dwelling unit is on the second story or above, with access directly from or through a common corridor, the common corridor must have at least two means of egress.

f. For a displaced person who is handicapped, be free of any barriers which would preclude reasonable ingress, egress, or use of the dwelling by such displaced person.

DISPLACED PERSON. a. General. The term “displaced person” means, except as provided in paragraph b. of this definition, any person who moves from the real property or moves personal property from the real property: (This includes a person who occupies the real property prior to its acquisition, but who does not meet the length of occupancy requirements.)

(1) As a direct result of a written notice of intent to acquire, the initiation of negotiations for, or the acquisition of, such real property in whole or in part for a project.

(2) As a direct result of rehabilitation or demolition for a project; or

(3) As a direct result of a written notice of intent to acquire, or the acquisition, rehabilitation or demolition of, in whole or in part, other real property on which the person conducts a business or farm operation, for a project. However, eligibility for such person under this subparagraph applies only for purposes of obtaining relocation assistance advisory services and moving expenses.

b. Persons Not Displaced. The following is a nonexclusive listing of persons who do not qualify as displaced persons under this part:

(1) A person who moves before the initiation of negotiations, unless the airport owner determines that the person was displaced as a direct result of the program or project; or

A person who initially enters into occupancy of the property after the date of its acquisition for the project; or

A person who has occupied the property for the purpose of obtaining assistance under the Uniform Act; or

(4) A person who is not required to relocate permanently as a direct result of a project. Such determination shall be made by the airport owner in accordance with any guidelines established by the FAA.

(Contact APP600)

(5) An owner-occupant who moves as a result of a “voluntary” acquisition, as specifically defined at paragraph 3-9 of this Order. [However, a tenant displaced as a direct result of a “voluntary” acquisition or any acquisition is a displaced person and is entitled to the relocation assistance and payments that he/she may be eligible for under the Uniform Act, as described in this Order.]; or

(6) A person whom the airport owner determines is not displaced as a direct result of a partial acquisition; or

(7) A person who, after receiving a notice of relocation eligibility, is notified in writing that displacement from the project will not occur. Such notice shall not be issued unless the person has not moved and the airport owner agrees to reimburse the person for any expenses incurred to satisfy any binding contractual relocation obligations entered into after the effective date of the notice of relocation eligibility; or

An owner-occupant who voluntarily conveys property after being informed in writing that if a mutually satisfactory agreement on terms of the conveyance cannot be reached, the airport owner will not acquire the property. In such cases, however, any resulting displacement of a tenant is subject to the requirements of the Uniform Act as provided for in this Order (Note: May apply where condemnation is not authorized); or

(9) A person who retains the right of use and occupancy of the real property for life following its acquisition by the airport owner; or

(10) A person who is determined to be in unlawful occupancy prior to the initiation of negotiations( see definition), or a person who has been evicted for cause under applicable law, as provided for paragraph 4-3(d) of this Order.

(11) A person who is not lawfully present in the United States and who has been determined to be ineligible for relocation benefits in accordance with paragraph 4-17.

DWELLING. The term “dwelling” means the place of permanent or customary and usual residence of a person, according to local custom or law, including a single family house; a single family unit in a two-family, multi-family, or multi-purpose property; a unit of a condominium or cooperative housing project; a nonhousekeeping unit; a mobile home; or any other residential unit.

FARM OPERATION. The term “farm operation” means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.

INITIATION OF NEGOTIATIONS. The term “initiation of negotiations” means the following:

a. Whenever the displacement results from the acquisition of the real property by the airport owner, the “initiation of negotiations” means the delivery of the initial written offer of just compensation by the airport owner to the owner of the acquired property or the property owner's representative to purchase the real property for the project. However, if the airport owner issues a notice of its intent to acquire the real property, and a person moves after that notice, but before delivery of the initial written purchase offer, the “initiation of negotiations” means the date of the actual move of the person from the property.

b. Whenever the displacement is caused by rehabilitation, demolition, or privately undertaken acquisition of the real property (and there is no related acquisition by the FAA or airport owner), the “initiation of negotiations” means the notice to the person that displacement from the project will occur, or if there is no notice, the actual move of the person from the property.

c. In the case of a permanent relocation to protect the public health and welfare, under the Comprehensive Environmental Response Compensation and Liability Act of 1980 (P.L. 96-510, or “Superfund”), the “initiation of negotiations” means the formal announcement of such relocation or the Federal or federally-coordinated health advisory where the Federal Government later decides to conduct a permanent relocation.

LEAD AGENCY. The term “lead agency” means the Department of Transportation acting through the Federal Highway Administration (FHWA).

MORTGAGE. The term “mortgage” means such classes of liens as are commonly given to secure advances on, or the unpaid purchase price of, real property under the laws of the state in which the real property is located, together with the credit instruments, if any, secured thereby.

NONPROFIT ORGANIZATION. The term “nonprofit organization” means an organization that is incorporated under the applicable laws of a state as a nonprofit organization, and exempt from paying Federal income taxes under Section 501 of the Internal Revenue Code (26 U.S.C. 501).

NOTICE OF INTENT TO ACQUIRE OR NOTICE OF ELIGIBILITY FOR RELOCATION ASSISTANCE. This is a written notice furnished to a person to be displaced, including those to be displaced by rehabilitation or demolition activities from property acquired prior to the commitment of Federal financial assistance to the activity, that establishes eligibility for relocation benefits prior to the initiation of negotiations and/or prior to the commitment of Federal financial assistance.

OWNER OF A DWELLING. A person is considered to have met the requirement to own a dwelling if the person purchases or holds any of the following interests in real property:

a. Fee title, a life estate, a land contract, a 99-year lease, or a lease including any options for extension with at least 50 years to run from the date of acquisition; or

b. An interest in a cooperative housing project which includes the right to occupy a dwelling; or

c. A contract to purchase any of the interests or estates described in subparagraphs a and b above; or

d. Any other interest, including a partial interest, which in the judgment of the airport owner warrants consideration as ownership.

PERSON. The term “person” means any individual, family, partnership, corporation, or association.

PROJECT. The term “project” means any activity or series of activities relating to an airport development or noise compatibility program with Federal financial assistance received or anticipated in any phase of an undertaking in accordance with FAA guidelines.

SALVAGE VALUE. The term “salvage value” means the probable sale price of an item, if offered for sale on the condition that it will be removed from the property at the buyer's expense, allowing a reasonable time period to market the item for economic use.

SMALL BUSINESS. A business having not more than 500 employees working at the site being acquired or displaced by a program or project, which site is the location of economic activity. Sites occupied solely by outdoor advertising signs, displays, or devices do not qualify as a business eligible for reimbursement of business reestablishment expenses.

TENANT. The term “tenant” means a person who has the temporary use and occupancy of real property owned by another.

UNECONOMIC REMNANT. The term “uneconomic remnant” means a parcel of real property in which the owner is left with an interest after the partial acquisition of the owner's property, and which the acquiring agency has determined has little or no value or utility to the owner.

UNLAWFUL OCCUPANCY. A person is considered to be in unlawful occupancy if the person has been ordered to move by a court of competent jurisdiction prior to the initiation of negotiations or is determined by the airport owner to be a squatter who is occupying the real property without the permission of the owner and otherwise has no legal right to occupy the property under state law. However, the airport owner may, at its discretion, consider such a squatter to be in lawful occupancy.

UTILITY COSTS. The term “utility costs” means expenses for heat, electricity, water, and sewer.

UTILITY FACILITY. The term “utility facility” means any electric, gas, water, steam power, or materials transmission or distribution system; any transportation system; any communications system, including cable television; and any fixtures, equipment, or other property associated with the operation, maintenance, or repair of any such system. A utility facility may be publicly, privately, or cooperatively owned.

UTILITY RELOCATION. The term “utility relocation” means the adjustment of a utility facility required by the program or project undertaken by the airport owner. It includes removing and reinstalling the facility, including necessary temporary facilities; acquiring necessary right-of-way on new location; moving, rearranging, or changing the type of existing facilities; and taking any necessary safety and protective measures. It shall also mean constructing a replacement facility that has the functional equivalency of the existing facility and is necessary for the continued operation of the utility service, the project economy, or sequence of project construction.

SECTION 3. ELIGIBILITY FOR FEDERALLY ASSISTED PROJECT FUNDS

1-41. PROPERTY INVOLVED IN FEDERAL AID PROJECTS. This Order applies to airport projects which, after January 1, 1971, causes the displacement of persons or the acquisition of real property, including acquisition by an airport owner without Federal financial assistance.

a. The same provisions of the Uniform Act cover airport development projects and FAR Part 150 NCP involving land. Therefore, for the purposes of this Order, both project categories will be referred to only as airport projects.

b. This Order also covers land acquired and related displacement of people prior to entering into an airport development grant, provided it can be determined that the airport owner complied with provisions of the Uniform Act. However, in those instances when a displaced person voluntarily moved onto a site within a FAR Part 150 NCP, and has again been relocated because of an airport development project, such person is not eligible for additional relocation payments.

c. Any real property that is shown on an airport layout plan, Exhibit A, or any other official airport document as land that has been or will at some future date be included as part of the operational area of the airport, when purchased by the airport owner, shall be under the provisions of the Uniform Act.

1-42. PROJECTS USING PASSENGER FACILITY CHARGES (PFC'S).

a. When Passenger Facility Charges (PFC's) are used on a project in conjunction with FAA grant funds either as local match or to supplement a grant, the airport owner must comply

CHAPTER 4. RELOCATION ASSISTANCE

SECTION 1. PRELIMINARY RELOCATION ADVISORY PROGRAM

GENERAL APPLICABILITY. Relocation assistance. Airport owners shall establish a relocation assistance advisory program so that eligible displaced persons will receive uniform and consistent services and payments regardless of race, color, sex, or national origin. Relocation assistance services are to be provided by personal contact as required by Uniform Act and 49 CFR Part 24. If personal contact cannot be made, the airport owner shall document its files that all reasonable efforts were made for personal contact with the eligible persons. Aliens Not Lawfully in the United States. Any person who is an alien not lawfully present in the United States is ineligible for relocation advisory services and relocation payments, unless such ineligibility would result in exceptional and extremely unusual hardship to a qualifying spouse, parent, or child. See paragraph 4-17 for self-certification requirement and verification procedures to establish eligibility for Federally assisted projects.

4-2. PERSONS ELIGIBLE. Relocation assistance advisory services will be offered to:

All eligible persons to be displaced (See Self Certification requirement at paragraph 4-17). All eligible persons occupying property immediately adjacent to acquired property if the airport owner determines that such person(s) are caused substantial economic injury due to the airport's acquisition. All eligible persons who, because of the acquisition of real property used for a business or farm operation, move personal property from such other real property. Eligible persons legally evicted for cause, not in unlawful occupancy on the date of the initiation of negotiations, is presumed to be entitled to relocation payments unless the airport owner determines that: The eligible person received an eviction notice prior to the initiation of negotiations and, as a result of that notice is later evicted; or The eligible person is evicted after the initiation of negotiations for serious or repeated violation of material terms of the lease or occupancy agreement; and In either case the eviction was not undertaken for the purpose of evading the obligation to make available the payments and other assistance. 4-3. DATE OF ELIGIBILITY. The date of displacement is the date the person moves, or if later, the date a comparable replacement dwelling is made available. This paragraph applies only to persons who would otherwise have been displaced by the project.

4-4. VOLUNTARY TRANSACTIONS. Owner-occupants who sell their property under the voluntary transaction exemption provisions described in paragraph 3-9, are not displaced persons and are not eligible for relocation payments. The airport owner may offer selling owners relocation advisory services. However, eligible tenant occupants are displaced persons and entitled to relocation assistance and payments

4-5. RELOCATION PERSONNEL. Each airport project where relocation will occur should have assigned to it one or more individuals who will have the primary responsibility of administrating the relocation assistance program.

4-6. RELOCATION PLAN. An airport project shall be planned in such a manner that potential problems associated with the displacement of individuals, families, businesses, farms, and nonprofit organizations are recognized and solutions are developed to minimize the adverse impacts of displacement. The relocation plan will identify the comparable housing resources and available replacement business and farm sites available to meet the needs of the proposed project displacement. The availability and any shortages of available comparable replacement housing will directly impact the cost and/or time required for project clearance.

Such planning shall precede any action by the airport owner which will cause displacement, and should be scoped to the complexity and nature of the anticipated displacing activity including an evaluation of program resources available to carry out timely and orderly relocation of displaced persons. Although an environmental assessment may contain some of this data, a relocation plan should be separately prepared and used as a working document identifying the necessary actions that must be taken to relocate all occupants within the project area. Also the information on the availability of a replacement housing shall be maintained current on a project wide basis to facilitate referrals and the

determination of replacement housing payment eligibility for displaced residential occupants. Information on the availability of replacement commercial or industrial sites also shall be maintained current to facilitate a credible assistance program for displaced businesses.

Survey and Study. Preparation of the plan will involve a relocation survey and study with data that is applicable to each project area. Detail of the plan is premised on the complexity of the displacements within the project area and the resources available for replacement purposes. If applicable, the plan shall include: An estimate of the number of households to be displaced including information such as owner/tenant status, estimated value and rental rates of properties to be acquired, family characteristics, and special consideration of the impacts on minorities, the elderly, large families, and the handicapped. The airport owner may utilize recent census or other valid survey data to assist in preparing the inventory. A sampling survey process may be used if the data gathered has sufficient depth to be fully representative of the characteristics and needs of the displaced persons. An estimated inventory of currently available comparable replacement dwellings (including price ranges and rental rates) which sets forth for each dwelling the type of house or building, state of repair, number of rooms, type of neighborhood, proximity of public transportation, schools, commercial shopping areas, and distance to any pertinent social institutions such as religious and community facilities. The inventory must be in sufficient detail so that comparable replacement housing can be matched against the needs of the displaced persons. This inventory shall be updated throughout the project to facilitate the provision of relocation assistance services, and to provide documentation on the determination of replacement housing payment eligibility. Dwellings used in this inventory can not be located within the airport's 75 dB DNL noise contour. Those dwellings located within the 65 to 75 dB DNL contour that have been or will be acoustically treated and can be considered compatible with the adjacent airport may be acceptable as comparable dwellings. If the findings disclose that availability of such dwellings will be insufficient to meet the displacement needs of the project, a description of the actions proposed to insure that an adequate number of comparable dwellings will be available in advance of any displacement will be necessary. This may include measures instituting housing of last resort actions. An estimate of the number, type, and size of the businesses, farms, and nonprofit organizations to be displaced, and the approximate number of employees that may be affected. The airport owner is encouraged to provide sufficient assistance to this category of displacement to assist them in relocating to a suitable replacement site, minimize downtime, and arrange for an orderly transition. Consideration of any special relocation advisory services that may be necessary from the airport owner and other cooperating agencies.

b. Analysis and Correlation. After all the data has been gathered, it should then be analyzed and correlated into a workable plan of action.

(1) Discuss relocation problems involved at each identifiable location, specifically when the project divides or disrupts an established community and when there is a definite impact on the human environment. This would include racial/ethnic, age, and household income considerations.

(2) Provide an analysis of Federal, state, and community programs currently in operation in the project area, which will affect the availability of housing.

(3) Provide detailed information on concurrent displacement and relocation by other governmental agencies or private concerns.

(4) Describe the methods to be used to help displaced persons relocate, including the possible need of a relocation field office, the type of social advisory services available, and the recommended number of project relocation specialists.

(5) Explain the amount of lead time necessary to carry out a timely and orderly relocation program, especially applicable to businesses.

(6) Provide a basis for the estimate of relocation cost for the project, and to provide continuing documentation on the availability of comparable replacement housing for referral and for the determination of replacement housing payment eligibilities.

4-7. LOCAL RELOCATION OFFICE. When the airport owner determines the volume of work or the needs of the displaced persons justify the designation or establishment of a local relocation office, such office will be designated or established and be reasonably convenient to public transportation or within walking distance of the project. The office, when established, should be open during hours convenient to the persons to be relocated from the project, including evening hours when necessary. Individuals working at the local relocation site …

safe, and sanitary replacement dwellings, not located in an area of minority concentration, that are within their financial means. This policy, however, does not require the airport owner to provide a person a larger payment than is necessary to enable that person to relocate to a comparable replacement dwelling.

d. As necessary, all persons, especially the elderly and handicapped, shall be offered transportation to inspect housing to which they are referred.

e. Provide current and continuing information on the availability, purchase prices, and rental costs of suitable commercial and farm properties and locations. Assist any person displaced from a business or farm operation to obtain and become established in a suitable replacement location.

f. Supply persons to be displaced with appropriate information concerning Federal and State housing programs, disaster loans, programs administered by the Small Business Administration, and other Federal and State programs offering assistance to displaced persons. Technical help should be provided to those persons applying for such assistance.

g. 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.

h. Provide that any person who occupies property acquired by the airport owner, when such occupancy began subsequent to the acquisition of the property, and the occupancy is permitted by a short term rental agreement or an agreement subject to termination when the property is needed for a program or project, shall be eligible for advisory services, as determined by the airport owner.

4-14. RELOCATION PLANNING FOR DIS-PLACED BUSINESSES. When a business is being displaced, it is necessary for the airport owner to plan the move with the business, identify unique features that may need special consideration before, during, and after the move, and provide the necessary services to assist the business in obtaining and becoming established in a suitable replacement location.

a. Establishing the Necessary Relationships at the Local Level. The FAA field offices should encourage coordination between the airport owner, affected local governments, and businesses potentially displaced to increase the likelihood of their remaining in the community by applying available incentives and relocation procedures.

b. Initiating the Coordination Process. The coordination process should be initiated at the earliest practicable stage in project development, preferably at the time environmental and feasibility studies commence for the various project alternatives. As project planning and development proceed, regular communication among airport owners and businesses should continue, although some businesses would cease to participate as project alternatives are eliminated from further consideration.

c. Assistance from Local, State, and Other Federal Agencies. In helping displaced businesses, the airport owner shall be actively encouraged to explore possible sources of funding from local and state entities as well as from HUD, the Economic Development Administration (Department of Commerce), the Small Business Administration, and other Federal agencies. Aid from these agencies may be extremely helpful in supporting successful business relocation, financially and otherwise.

d. Relocation Advisory Services. Special emphasis should be given to relocation advisory services for businesses. The airport owner should have staff or contract personnel who possess the requisite skills for handling business as well as residential displacement issues. In this regard, an aggressive outreach program is necessary to insure that the business firms to be displaced are fully aware of their rights, the courses of action open to them, and any provisions designed to retain businesses within the same community. Every reasonable effort should be made to involve the affected jurisdictions and to assist displaced firms who wish to find acceptable replacement facilities in a timely manner.

e. Hardship Acquisitions. For multiphase airport projects, advance acquisition of real property for reason of hardship in a project phase not yet under grant is permitted on a case-by-case basis. For some businesses, help of this sort can be vital to their survival or economic health. Businesses shall have the maximum opportunity, to the extent permitted by the existing statutory and judicial framework, to qualify under this provision.

Loss of Patronage at the Old Site. Businesses which depend heavily on local residents who are being displaced should be given the opportunity, whenever project conditions permit, to relocate concurrently with the relocation of their patrons.

4-15. COORDINATION OF RELOCATION ACTIVITIES. Relocation activities shall be coordinated with project work and other displacement

causing activities to ensure that, to the extent feasible, persons displaced receive consistent treatment and the duplication of functions is minimized.

REFUSAL OF ASSISTANCE AND PAYMENTS. A displaced person can refuse relocation services and still be eligible for payments. Airport owner relocation services do not have to be accepted when the relocation is planned to be done by the displaced person. However, it would be necessary that decent, safe and sanitary requirements be met and application made within the time limits to qualify for replacement housing payments. If a displaced person refuses relocation payments, the airport owner must obtain a written statement from such person stating that relocation services were made available and that relocation payments were explained.

4-17. Aliens not lawfully in the United States.

a. Each person seeking relocation payments or relocation advisory assistance shall, as a condition of eligibility, CERTIFY:

In the case of an individual, that he or she is either a citizen or national of the United States, or alien who is lawfully in the United States. In the case of a family, that each family member is either a citizen or national of the United States, or an alien who is lawfully present in the United States. The certification may be made by the head of the household on behalf of other family members.

NOTE: This certification is provided on FAA Form 125, Residential Relocation Claim" revised March 1999, available from APP 600. In the case of an unincorporated business, farm, or nonprofit organization, that each owner is either a citizen or national of the United States, or an alien who is lawfully present in the United States. The certification may be made by the principal owner, manager, or operating officer on behalf of other persons with an ownership interest. In the case of an incorporated business, farm, or nonprofit organization, that the corporation is authorized to conduct business within the United States.

NOTE: These certifications are provided on FAA Form 124, Non-Residential Relocation Claim" revised March 1999, available from APP 600

The certification provided pursuant to paragraphs a.(1),a.(2), and a.(3) of this paragraph shall indicate whether such person is either a citizen or national of the United States, or an alien who is lawfully present in the United States. In computing relocation payments under the Uniform Act (see chapters 5 and 6), if any member(s) of a household or owner(s) of an unincorporated business, farm, or nonprofit organization is (are) determined to be ineligible because of a failure to be legally present in the United States, no relocation payments may be made to him or her or it. Any payment(s) for which such household, unincorporated business, farm, or nonprofit organization would otherwise be eligible shall be computed for the household, based on the number of eligible household members and for the unincorporated business, farm, or nonprofit organization, based on the ratio of ownership between eligible and ineligible owners. The displacing agency shall consider the certification provided pursuant to paragraph (a) of this section to be valid, unless the displacing agency determines in accordance with paragraph (f) of this section that it is invalid based on a review of an alien’s documentation or other information that the agency considers reliable and appropriate. Any review by the displacing agency of the certifications provided pursuant to paragraph (a) of this section shall be conducted in a nondiscriminatory fashion. Each displacing agency will apply the same standard of review to all such certifications it receives, except that such standard may be revised periodically. If, based on a review of an alien’s documentation or other credible evidence, a displacing agency has reason to believe that a person’s certification is invalid (for example a document reviewed does not on its face reasonably appear to be genuine), and that, as a result, such person may be an alien not lawfully present in the United States, it shall obtain the following information before making a final determination.

(1) If the agency has reason to believe that the certification of a person who has certified that he or she is an alien lawfully present in the United States is invalid, the displacing agency shall obtain verification of the alien’s status from the local Immigration and Naturalization Service (INS) Office. A list of local INS offices was published in the Federal Register in November 17, 1997 at 62 FR 61350. Any request for INS verification shall include the alien’s full name, date of birth and alien number, and a copy of the alien’s documentation.

(2) If the agency has reason to believe that the certification of a person who has certified that he or she is a citizen or national is invalid, the displacing agency

shall request evidence of United States citizenship or nationality from such person and, if considered necessary, verify the accuracy of such evidence with the issuer.

No relocation payments or relocation advisory assistance shall be provided to a person who has not provided the certification described in this section or who has been determined to be not lawfully present in the United States, unless such person can demonstrate to the displacing agency’s satisfaction that the denial of relocation benefits will result in an exceptional and extremely unusual hardship to such person’s spouse, parent, or child who is a citizen of the United States, or is an alien lawfully admitted for permanent residence in the United States. For purposes of paragraph (g) of this section, ‘‘exceptional and extremely unusual hardship’’ to such spouse, parent, or child of the person not lawfully present in the United States means that the denial of relocation payments and advisory assistance to such person will directly result in: A significant and demonstrable adverse impact on the health or safety of such spouse, parent, or child; A significant and demonstrable adverse impact on the continued existence of the family unit of which such spouse, parent, or child is a member; or Any other impact that the displacing agency determines will have a significant and demonstrable adverse impact on such spouse, parent, or child. THRU 4-20. RESERVED.

SECTION 3. RELOCATION NOTICES

4-21. MANNER OF NOTICES. Relocation notices shall be personally served or sent by certified or registered first-class mail, return receipt requested and documented in the sponsor's files. The sponsor shall provide notices with appropriate language translation and with adequate interpretative assistance to those displaced persons who may be unable to understand a written English language notice. Each notice shall indicate the name and telephone number of the person who may be contacted for answers to questions or other needed help. Required notices are as follows:

4-22. GENERAL INFORMATION NOTICE. As soon as feasible, a person scheduled to be displaced shall be furnished with a general written description of the airport owner's relocation program which does at least the following:

Informs the person that he or she may be displaced from the project area, describes the relocation payment(s) for which the person may be eligible, the basic conditions of eligibility, and the procedures for obtaining the payment(s).

Informs the person that he or she will be given reasonable relocation advisory services, including referrals to replacement properties, help in filing payment claims, and other necessary assistance to help the person successfully relocate. Informs the person that he or she will not be required to move without at least 90 days advance written notice, and informs any person to be displaced from a dwelling that he or she cannot be required to move permanently unless at least one comparable replacement dwelling has been made available. Describes the persons right to appeal the airport owner's determination as to a person's application for assistance for which a person may be eligible. (Refer to Chapter 1, Section 5, of this Order for description of the appeal procedure.) Informs the person that any person who is an alien not lawfully present in the United States is ineligible for relocation advisory services and relocation payments, unless such ineligibility would result in exceptional and extremely unusual hardship to a qualifying spouse, parent, or child, as defined in paragraphs 4-17g and 4-17h.

4-23. NOTICE OF RELOCATION ELIGIBILITY. Eligibility for relocation assistance shall begin as of the date of the initiation of negotiations. At or promptly following this date the sponsor shall notify all occupants in writing of their eligibility for applicable relocation assistance and payments. This notice shall identify and offer relocation assistance to the displaced person, and to the extent feasible cite the specific relocation payment eligibility for the displaced person.

For residential displacement the replacement housing payment (computed purchase/rent differential amount) shall be offered near the time the displaced person will be actively looking for a replacement dwelling. In any event the displaced homeowner or tenant shall be notified at least 90 days prior being required to vacate the acquired property (also see paragraph 4-24).

For acquisitions where the airport owner will not use condemnation (or on voluntary transactions as defined at paragraph 3-9); owner and/or tenant occupants should further be advised that should the property not be acquired they will not be displaced, and that the notice of relocation payment eligibility will be withdrawn. As is practical, property is to be negotiated for purchase within the lease term of tenants in occupancy at the initiation of negotiations.

4-24. NINETY-DAY NOTICE TO VACATE. Airport projects will scheduled so that any eligible person displaced will not be required to move from a dwelling, or to move a business or farm operation, without at least 90 days advance written notice of the earliest date by which the displaced person may be required to move. The airport owner may issue the notice 90 days before it expects the person to be displaced or earlier.

The 90-day notice shall either state a specific date as the earliest date by which the occupant may be required to move, or state that the occupant will receive a further notice indicating, at least 30 days in advance, the specific date by which the displaced person must move. If the 90-day notice is issued before a comparable replacement dwelling is made available, the notice must state clearly that the occupant will not have to move earlier than 90 days after such a dwelling is made available.

With FAA's concurrence, in unusual circumstances, an occupant may be required to vacate a property on less than 90 days advance written notice if the airport owner determines that a 90-day notice is impracticable, such as when the person's continued occupancy of the property would constitute a substantial danger to health or safety. If this should happen, a copy of the airport owner's determination shall be included in the applicable case file.

4-25. NOTICE OF INTENT TO ACQUIRE. This is a explicit written notice the airport owner provides a person to be displaced for a project that establishes eligibility for relocation payments and assistance prior to the initiation of negotiations. This is not a required notice but when justified, may be used in lieu of the subsequently required notice of relocation eligibility described at paragraph 4-23. This "early" eligibility notice may be beneficial to assist the successful relocation of the displaced person or expedite project clearance. This notice should also provide the anticipated date of the initiation of negotiations, how additional information pertaining to relocation assistance payments and services can be obtained, and the effective date of the notice. If a property is tenant-occupied, both the owner and the tenant will be provided a notice of intent to acquire.

4-27. THRU 4-30. RESERVED.

SECTION 4. RELOCATION CONTRACT PROCEDURES

RELOCATION FUNCTIONS PERFORMED BY OTHER THAN AIRPORT OWNER. As may be appropriate the airport owner should:

a. Consider using the facilities, personnel, and services of the Central relocation agency for the jurisdiction which the project is located; or

b. Contract with another public agency or private firm (hereinafter referred to as agency) having an established organization and experience in providing relocation services other than the central relocation agency, if:

There is no central relocation agency in the area in which the project is located; or If the central relocation agency does not have the capacity to furnish the requisite relocation program within the time required by the project's schedule. 4-32. AGENCIES PROVIDING RELOCATION ASSISTANCE. The airport owner is requested to furnish the FAA the following information concerning the agency which will provide the relocation assistance required.

a. Name. The name and location of the agency.

b. Qualifications. An analysis of the agency's present workload and of its ability to perform the requirements of this Order. The agency must have full knowledge of relocation assistance and payment procedures applicable to 49 CFR Part 24.

c. Personnel. The estimated number and job titles of relocation personnel of the agency that will provide the relocation assistance for the project. The airport owner should determine that the agency does in fact have a staff to adequately and properly perform the functions required by the contract or agreement.

4-33. CONTRACTING PROCEDURES. Where an airport owner elects to have relocation services and/or payments administered by another Federal, state, local, or private agency having an established organization, it will enter into a written contract or agreement to that effect with the agency it selects. Appropriate internal procurement procedures and standards which reflect applicable state and local laws and regulations shall be used provided the procurement conforms to 49 CFR Part 18.36. The airport owner is requested to submit the contract or agreement to the FAA for review and comment. A contract must include the following:

a. Obligation that the agency perform the relocation assistance advisory services and/or make relocation payments in accordance with the Uniform Act and 49 CFR Part 24, which have been identified and described herein. The airport owner should also provide that it will not be obligated to reimburse the contractor for payments that exceed the amounts authorized by the Act.

b. Provision that the records required in Section 5 of this Chapter shall be retained by the agency administering the relocation program or turned over to the airport owner. The records shall be retained for a period of not less than three years after the date of submission of the final expenditure report, regardless of which agency retains them.

c. That records will be available for inspection at any reasonable hour by representatives of the airport owner, the FAA, the Comptroller General of the United States, or any other duly authorized representative.

d. When the contract is with a public agency administering another Federal grant program, it shall specify the financial responsibilities of each to finance the relocation program required.

e. That only those administrative costs chargeable to the airport project would be eligible for Federal participation.

f. Civil Rights assurances as set forth in 49 CFR Part 24, Section 24.8, and in the requirement of 49 CFR Part 21, Nondiscrimination in Federally-Assisted Program of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964..

g. Provisions that would permit the negotiations for major changes in the scope, character, or estimated total cost of the work to be performed if such changes become necessary.

h. The special provision: “The agency warrants that it has not employed or retained any company, firm, or person other than a bona fide employee working solely for such agency, to provide the necessary relocation assistance and distribution of relocation payments, and that it has not paid or agreed to pay any company, firm, or person other than a bona fide employee working solely for the relocation agency, any fee, commission, percentage, gifts, or any other consideration, contingent upon or resulting from the award or making of this agreement. For breach or violation of this warranty, the airport owner shall have the right to annul this agreement without liability.”

i. Provision that would permit termination of the agreement by the airport owner in case the agency is not complying with the terms of the agreement, the progress or quality of work is unsatisfactory, or for other stated reasons. The airport owner should specify the maximum duration of the contract period.

j. Provision covering the return to the airport owner of all working papers, plans, records, schedules, etc. in the event of termination of the agreement by the airport owner.

k. Provision for a procedure for resolving any dispute concerning a question of fact in connection with the work not disposed of by agreement between the parties, conforming to the practice followed by the airport owner in resolving disputes in other contractual matters.

l. Provision for a disclaimer of any past, present, or contemplated future personal interest in any of the properties included in the proposed contract or agreement.

m. Provision that the contract agency shall not receive any fee or other type of payment as a result of these services from any source other than the airport owner.

n. Properly executed signatures and dates.

4-34. REVISION OR AMENDMENT OF EXISTING AGREEMENT OR CONTRACT. An agreement or contract in existence with a local agency that does not meet the guides outlined herein must be revised or amended to include the additional requirements described herein as well as those necessary to provide for all the services and payments required by the Uniform Act and regulation implementing it. If terms of the existing agreement or contract do not permit such revision or amendment, a supplementary contract shall be executed to provide such requirements.

4-35. THRU 4-40. RESERVED.

SECTION 5. RELOCATION RECORDS

4-41. RELOCATION RECORDS - GENERAL. The airport owner shall, under the requirements of the Uniform Act and implementing regulations, maintain relocation records showing:

Project and parcel identification. Names and addresses of displaced persons and their complete original and new addresses and telephone numbers (if available after reasonable effort to obtain this information when the displaced person moved without assistance). Personal contact made with at least one member of each household, business, or farm operation: Date of notification of availability of relocation payments and services. Name of the official offering or providing relocation assistance. Whether the offer of assistance in locating or obtaining replacement housing was declined or accepted and the name of the individual accepting or declining the offer. Dates and substance of subsequent follow-up contacts. Date on which the displaced person was required to move from the property acquired for the project. Date the actual relocation occurred and noted with assistance of the airport owner, referral to other agencies, or without assistance. An approximate date for actual relocation is acceptable. Type of tenure before and after relocation. Age and race of displaced persons. d. For displacements from dwelling:

(1) Number in family and number of individuals.

(2) Type of property (SF, multi-family, etc.).

(3) Fair market value or monthly rent.

(4) Number of rooms occupied.

e. For relocated businesses:

(1) Type of business.

(2) Whether continued or terminated.

(3) If relocated, distance moved (estimate).

For relocated farms.

(1) Whether continued or terminated.

(2) If relocated, distance moved (estimate).

g. Claim forms and vouchers for each type of relocation payment made that is related to a specific parcel of property.

4-42. MOVING EXPENSE RECORDS. The airport owner shall maintain records containing the following information regarding moving expense payments:

a. The date when removal of personal property was accomplished.

b. The location from which and to which the personal property was moved.

c. If the personal property was stored temporarily, the location where the property was stored, the duration of such storage, and justification for the storage and storage charges.

d. Itemized listing of business reestablishment expenses, if any, associated with the business move.

e. Itemized statement of the actual moving costs incurred, supported by receipted bills or other evidence of expense.

f. Data to support the airport owner's determination for a fixed business in lieu of moving payment, when requested by the owner of the displaced business, that follows the eligibility requirements listed in Chapter 5, Section 4.

g. When a fixed business in lieu of moving payment is made to a business, farm operation, or nonprofit organization, data showing how the payment was computed.

h. When moving expense payments are made in accordance with the fixed business in lieu of moving provision, the data called for in subparagraphs c, d, and e above need not be maintained. Instead, records showing the basis on which payment was made shall be maintained.

i. Amount of reimbursement claimed, amount allowed, and an explanation of any differences.

4-43. REPLACEMENT HOUSING PAYMENT RECORDS. The airport owner shall maintain records containing the following information regarding replacement housing payments:

a. The date of the airport owner's receipt of each application for such payment.

b. The date on which each payment was made, or the application rejected.

c. Supporting data explaining how the amount of the supplemental payment to which the applicant is entitled was calculated including, if necessary, the displaced person's income.

d. Certified copies of the closing statement or other documents to support the purchase price or downpayment and incidental expenses when housing is purchased.

e. The individual responsible for determining the amount of replacement housing payments shall place in the file a signed and dated statement setting forth:

(1) The amount of the replacement housing payment, rent supplement, or downpayment.

(2) An understanding that the determined amount is to be used in establishing payments under the terms of a grant agreement for an airport project.

(3) That there is no direct or indirect, present, or contemplated personal interest in this transaction, nor will there be any benefit derived from the replacement housing payment.

f. A statement by the airport owner, that in its opinion, the displaced person has been relocated into adequate decent, safe, and sanitary replacement housing, as substantiated by the decent, safe, and sanitary inspection report.

4-44. RECORDS AVAILABLE FOR INSPECTION. The relocation records shall, under the Uniform Act and implementing regulations, be available at reasonable hours for inspection by representatives of the FAA, the Comptroller General of the United States, or any other duly authorized representative.

4-45. THRU 4-50. RESERVED.

SECTION 6. RELOCATION PAYMENTS REVIEW BY FAA PERSONNEL

4-51. FAA REVIEW RESPONSIBILITY. As provided in paragraph 1-56 of this Order, periodic reviews of a sponsor's relocation assistance and payment process will be made to determine that the airport owner is in compliance with Uniform Act requirements. Reviews made should be maintained in a database to facilitate ongoing evaluation of relocation assistance and payment processes and contribute to general improvement in sponsor performance. The following presents guidelines for FAA review of sponsor relocation programs.

4-52. SCOPE OF REVIEW. Each project shall be monitored with the depth of review depending on the type and number of displacements involved.

a. A sufficient sample of moving payments and replacement housing payments consisting of a project's total displacements should be reviewed. On a project with fewer displacements, the depth of review should probably increase. Another determining factor as to the

number of relocation cases to be reviewed will be the accuracy and completeness of the relocation transactions.

When all of the eligible payments have been made and are accurately determined, the sample may be reduced. Likewise, when there are inaccuracies in payment determinations and all eligible payments have not been made to the displaced person, a higher number should be reviewed.

b. Reviews should be made on each type of relocation payment involved, i.e., residential moving payments, business, farm, and nonprofit moving payments, mobile home moving payments, business reestablishment payments, fixed business in lieu of moving payments, replacement housing payments, interest differential payments, incidental expenses, rental supplements, and down payments. Reviewing only one category, such as replacement housing payments, will not provide sufficient coverage.

4-53. TIMING OF REVIEWS. As feasible, review of relocation services and payments by FAA personnel should be performed as closely as possible to the displaced person's date of move and subsequent relocation payments. This enables the airport owner to correct, on a timely basis, deficiencies that may exist and will preclude it from having to possibly recontact the property owner to make a monetary adjustment. In all cases, the FAA reviewer is benefited by a timely review by being able to ascertain that the costs are necessary and reasonable upon submission of the airport owner's payment request. To enable FAA personnel to perform this function, the airport owner should be advised to notify the FAA immediately after the relocation payments have been made. Reviews should be performed prior to the airport owner's request for reimbursement.

4-54. METHODOLOGY OF REVIEW. A relocation case file is reviewed to verify that: relocation advisory services have been performed; relocation payments eligible to be received by the displaced person have been paid to the individual; and the payments have been properly and accurately determined. For a thorough examination, the case file must receive an office review followed by a field check. In lieu of an FAA review, FAA personnel may rely upon a certification from the airport owner under the same provision covered in paragraph 2-52 of this Order.

Office Review. The case file shall be reviewed to determine whether all of the necessary transactions have taken place. Generally, even the simplest relocation case can be quite complex to review. To assist the reviewer, a relocation review checklist (FAA Form 5100-118) is found in Appendix

1. This checklist also includes the negotiation transaction since the initiation of negotiations is the key to a displaced person's eligibility to receive such payments, and the replacement housing payment amount is dependent upon the final acquisition settlement.

(1) The displaced person is to be provided advisory services and pertinent related information prior to relocation. This data should be recorded on a relocation contact sheet that has been filled out by the airport owner's relocation specialist. Such data would indicate the delivery of the informational relocation brochure, issuance of the 90-day vacancy notice, types of relocation payments that the displaced person may be eligible to receive, amount of the replacement housing payment determination, date and identification of replacement housing referrals offered, discussion of appeal procedures, and social services that may assist the person's displacement.

(2) Whenever any personal property is to be moved from the land being acquired for an airport project, the owner of the personal property is eligible for a moving payment.

(a) The actual cost moving payment is based on actual reasonable expenses incurred by the displaced person or business on a move accomplished by a commercial mover or costs supported by receipted bills in the case of a self-move. Generally, commercial moves can be monitored without too much difficulty since the mover's bill of lading will comprise most of the eligible reimbursable expenses. On a self-move, each expense has to be separately itemized and supported by receipted bills. In business moves where bids or estimates can be obtained, reimbursement cannot exceed the lower of two acceptable bids or estimates except in isolated cases where prior approval has been granted. In all cases, the FAA reviewer shall ascertain that reimbursement does not include expenses incurred on the movement of real property, especially when such real property was included in the real estate appraisal and was acquired by the airport owner through the acquisition process. On questionable items, the reviewer shall compare the items moved with specialty equipment valued in the real estate appraisal.

(b) The business reestablishment payment is based on actual reasonable expenses incurred in addition to the actual cost moving payment for small businesses, farm operations, and nonprofit organizations that relocate and reestablish at a replacement site. The payment may be up to, but shall not exceed $10,000. The eligible and ineligible expenses are discussed in paragraph 5-29. The FAA reviewer must remember that only small businesses, as described in paragraph 1-32, are eligible to receive this type of payment and that at least one employee must work at the site being acquired or displaced.

(c) The fixed moving expense schedule for residential occupancy, maintained by FHWA, is based on the room count of the occupant's living quarters. Judgment must be exercised in determining the number of rooms that can be used when preparing the payment amount. Rooms used in the count must be occupied. Areas such as an attic, basement, garage, storage shed, etc., may also be counted as rooms if sufficient personal property is present in that specific area. The maximum payment for each room varies from state to state as shown in the FHWA moving expense schedule, which also includes the dislocation allowance. Any other actual moving expenditure that may be incurred by the displaced person, such as utility hookups, etc., is not reimbursable when this type of payment is selected.

When reviewing a fixed business in lieu of moving payment, the FAA reviewer must ascertain that the airport owner has determined that the displaced business, farm operation, or nonprofit organization has met the criteria as described in Chapter 5, Section 4.

(a) For a displaced business, care must be exercised to see that the average annual net income has been properly figured, justified, and documented. Regardless of the minimum net income, a business qualifying for this payment shall receive not less than $1,000. Likewise, regardless of the maximum net income, the business cannot receive more than $20,000.

(b) A farm operation and a nonprofit organization also have the same minimum and maximum standards for payment, but different criteria for determining their eligibility for payment. If a question arises as to whether an organization is classified as nonprofit, information as to its status can be checked out through the local IRS office.

(4) The replacement housing payment determination amount for an owner of 180 days or more shall be offered to the owner-occupant at the initiation of negotiations, or if mutually agreed upon by both the airport owner and the owner occupant, a subsequent date more closely relating to the date of the move.

(a) The FAA reviewer must be assured that the sale listings used in preparing the determination were available on the open market on the date that the determination was prepared. The dwellings used as comparables must also be equal or better with regards to construction, condition, size, and location, and be decent, safe, and sanitary.

(b) To verify that the replacement housing payment amount was correctly figured, the FAA reviewer must substantiate the final acquisition settlement since this is the base used to determine the relocation payment. If the original fair market value was later increased because of an administrative settlement or a court award, this latter amount will then be the base for the replacement housing payment determination. There may also be an adjustment to the settlement amount when a carve-out of excess land or major exterior attribute from the subject property is necessary. The FAA reviewer must also ascertain that if the total replacement housing payment, including the price differential, interest differential, and incidental payment exceeds $22,500, housing as last resort as described in Chapter 6, Section 4, has been initiated.

(c) Information that is necessary in preparing the interest differential payment is found in paragraph 6-27. The interest differential payment is applicable only to a displaced owner-occupant of 180 days or more who purchases and occupies a replacement dwelling.

1. The FAA reviewer must be sure that correct information is entered into the calculation on the first section of the form. Generally, the payment is based on the unpaid mortgage balance on the displacement dwelling, the shorter of the remaining terms on either the displacement dwelling or the replacement dwelling, and both the old and new mortgage rates. However, there may be exceptions, so be fully aware of the various options.

2 The first computation that is needed is to determine the number of remaining payment periods on the mortgage on the displacement dwelling by using the mortgage balance, and the monthly payment and interest rate on that mortgage. After the correct data has been entered, the primary concern in completing the procedure is following the correct methodology and making accurate arithmetic calculations. The simplest method of calculating the payment amount is by a business/financial calculator.

3 The interest differential payment is to be added to the price differential and incidental payment for a combined total not to exceed $22,500. This type of payment can be made even though the displaced person is not due a price differential payment because of available comparable on the open market whose adjusted list prices are not greater than the acquisition price of the subject dwelling, or the person purchased a less than comparable replacement dwelling. Procedures for adjusting the list price are located in paragraph 6-24b(2). Information regarding the various types of loans and rates available in the area should be maintained by the airport owner.

(d) Most of the relocation incidental expenses can be found in the closing statement for the replacement dwelling. The reimbursable expenses are those actually incurred in the purchase of the replacement dwelling; however, the payment shall not exceed those costs that would have been incurred on the purchase of a comparable dwelling. Points and loan origination or assumption fees shall be reimbursed, but shall not exceed an amount which would have been paid if the original mortgage balance was refinanced, less the amount determined for the mortgage buy down. Also the points and origination or assumption fees shall not exceed the rates in effect for similar real estate transactions in the area. The incidental payment is to be added to the price

differential and interest differential payments for a combined total not to exceed $22,500. This type of payment can be made even though the displaced person is not due the price differential portion of the replacement housing payment.

(5) Those eligible to receive the rent supplement are tenants and owner-occupants, all of whom have occupied the dwelling 90 days or more immediately preceding the initiation of negotiations for the parcel. The base used for the payment determination is the actual rent paid or the economic rent in the event the actual rent does not reflect economic rent and when property owners desire to rent rather than repurchase. If rent exceeds 30 percent of the displaced persons monthly gross income, the base must be reduced to 30 percent of the monthly gross. The FAA reviewer must be assured that the rental listings used in preparing the supplement determination were available and on the open market on the date that the determination was prepared. The rental units used as comparables must be equal or better, using the same criteria as described in subparagraph (4) above, and be decent, safe, and sanitary. The reviewer must also be sure that if the rent supplement exceeds $5,250, housing as last resort has been initiated.

(6) Those eligible to receive a downpayment are tenants of 90 days or more and owner-occupants of 90 to 179 days. The sale listings used to prepare the determination have to be decent, safe and sanitary, comparable to the subject dwelling, and available on the open market on the date that the determination was prepared. The payment should not be approved until either evidence of ownership in the form of a closing statement can be produced, or the predetermined downpayment amount be paid directly as an equity payment at the closing.

(a) The reimbursement to a displaced tenant is the actual downpayment amount of up to, but not to exceed $5,250. However, the payment to a displaced homeowner of 90 to 179 days shall not exceed the amount the owner would have received if that person had met the 180-day occupancy requirement, again not to exceed $5,250. This payment also includes the incidental costs that were incurred when the replacement property was purchased.

(b) On certain exceptions, the $5,250 amount for a downpayment may be exceeded when it is more cost effective to do so, such as when a downpayment may be less expensive than a last resort rental assistance payment.

(7) For a mobile home relocation payment, the mobile home and mobile home site must

generally be separately considered. Each type of ownership or tenant status is unique in itself; therefore, procedures outlined in Chapter 7 shall be closely followed.

(a) A mobile home owner can be both an owner and a tenant of the acquired site for relocation payment purposes and receive up to a $22,500 relocation housing payment if the mobile home is purchased by the airport owner, and the replacement dwelling is another mobile home. In such a situation, a replacement housing payment can be made on a replacement mobile home plus a rent supplement payment for the mobile home ground rent. In all cases, the ground rent supplement payment can not exceed $5,250, and the total payment can not exceed $22,500.

(b) Whenever a mobile home can be moved to a replacement site and be in a decent, safe, and sanitary condition, the displaced person is then eligible to receive reimbursement for only the actual cost of the move, plus the difference in the site rent from the former to the replacement site.

(8) Before approving a replacement housing payment or rent supplement for reimbursement, the FAA reviewer must ascertain that the airport owner has made a decent, safe, and sanitary inspection on a displaced person's replacement dwelling and that the dwelling has satisfactorily met such regulatory requirements.

b. Field Review. In absence of a certification from the airport owner, a field review is desirable. A determination as to whether the sale or rental listings used as comparables were decent, safe and sanitary and equal or better than the subject dwelling cannot be ascertained until an onsite review is made. The replacement property should also be reviewed to verify that the dwelling is, in fact, decent, safe and sanitary. While at the replacement site, the occupant should be contacted and asked about relocation services provided by the airport owner.

(1) Making an interior inspection of comparable listings is generally difficult since a real estate broker is reluctant to show properties to individuals that have no intention of purchasing the property. However, to be assured that referral properties are decent, safe, and sanitary, the FAA reviewer should inspect some of the listings, especially those dwellings that appear to be marginal. One method of making interior inspections without infringing on the Realtor's time is to visit dwellings where an “open house” is being held. In this manner, the reviewer can make a reasonable assessment of the dwelling's condition as compared to the multiple listing service's description of the property or the information provided when working directly with a Realtor. Every dwelling privately advertised should be individually inspected.

(2) When inspecting the replacement dwelling, the reviewer will concentrate on the items mentioned above. The dwelling, to pass decent, safe and sanitary specifications, must meet applicable housing and occupancy codes. In addition, the number of bedrooms must be adequate to meet the family needs.

(3) To determine whether the airport owner provided adequate relocation advisory services, the FAA reviewer may contact the displaced person. Questions relating to referral dwellings, timeliness of payments, availability of airport owner relocation personnel in the central office or relocation field office, assistance in completing claim forms, advice and assistance on needed social services, etc., will usually reveal the amount and adequacy of advisory services rendered.

4-55. WITHHOLDING OF FEDERAL FUNDS. When the airport owner has been found in noncompliance of the 49 CFR Part 24 regulation, Federal funds must be withheld. The airport owner should be notified of the finding(s) that prompted the withdrawal and informed of work that must be accomplished in order to come into compliance. Even though Federal funds may be temporarily or permanently withheld, it is FAA's responsibility to see that the airport owner properly compensates the displaced person as required by Federal statute. Refer to paragraph 2-55 for recommended corrective action.

4-56. THRU

(1) Amounts paid for truck and/or equipment hired.

(2) If vehicles or equipment owned by a business being moved are used, a reasonable amount to cover gas and oil, the cost of insurance, and depreciation allocable to hours and/or days the equipment is used for the move.

(3) Wages paid for the labor of persons who physically participate in the move. Labor costs shall be computed on the basis of actual hours worked at the hourly rate paid, but the hourly rate shall not exceed that paid by commercial movers or contractors in the locality for each profession or craft involved.

(4) If the displaced business proposes to use a working foreman or group leaders, regularly employed by the business, to supervise services in connection with the move, the amount of their wages covering time spent in actual supervision of the move may be included as a moving expense.

e. Upon completion of the self move, the owner of the displaced business shall certify in the claim submitted for payment that the items listed were actually relocated. Those items that the owner elects not to relocate may be claimed under actual direct losses of tangible personal property as described in paragraph 5-25. If the items listed on the owner's inventory deviate to any significant extent from the list of items actually relocated, the amount previously agreed to will be revised accordingly.

5-24. ELIGIBLE MOVING AND RELATED EXPENDITURES. Any business (including a farm operation) which qualifies as a displaced person is entitled to payment of actual moving and related expenses that the airport operator determines to be reasonable and necessary.

a. Distance of Move. Federal participation is limited to moving expenses not to exceed a 50-mile move either interstate or intrastate except when the airport owner determines, with FAA concurrence, that relocation cannot be accomplished within the 50-mile area. Such exceptions may only be allowed to the nearest adequate and available site.

b. Where Moved To. Federal funds may participate in a payment for the relocation of personal property of a displaced business which has moved onto remaining or other lands owned by the displaced business or its landlord.

c. Advertising for Bids. Advertising for bids should be limited to complicated or unusual moves where advertising is the only method of securing bids.

d. Cost of Moving Bids. The reasonable cost incurred to secure moving bids or estimates are eligible, not to exceed two bids per move. Additional bids secured for specific items involving trades, skilled/expert disconnect/reconnect, or other services not available from the moving contractor are eligible.

e. Packing and Unpacking. Packing, crating, unpacking, uncrating of the personal property.

f. Removal and Reinstallation. The expense of disconnecting, dismantling, removing, reassembling, and reinstalling relocated machinery, equipment, and other personal property, including substitute personal property described at paragraph 5-25c. when moved to the replacement site are reimbursable. This includes connection to utilities available nearby. It also includes modifications to the personal property necessary to adapt it to the replacement structure, the replacement site, or the utilities at the replacement site, and modifications necessary to adapt the utilities at the replacement site to the personal property. (Expenses for providing utilities from the right-of-way to the building or improvement are excluded under this Section. Refer to paragraph 5-29a(4) for payment of this expense.)

Included with eligible expense above, are reasonable modifications to personal property mandated by Federal, State or local law, code, or ordinance which are necessary to reassemble or reinstall the personal property or adapt it to the replacement structure, the replacement site, or the utilities at the replacement site are eligible. These modifications eligible are limited to those directly associated with reinstallation and cannot be for general repairs, the upgrading of equipment, or to increase the operational or production capacity or use designation under governing law, code, or ordinance (e.g. from home/hobby use to business use, from a de minimis use or output to regulated, etc.).

Prior to payment of any expenses for removal and reinstallation of such property, the business and the airport owner shall agree in writing that the property is personal property and that the airport owner is released from any moving payment for property classified as realty and retained by the business through the owner retention process.

g. Hazardous Materials. Moving or disposing of hazardous materials as cleanup of an acquired contaminated site is not eligible. Payment of moving hazardous materials used at the acquired site, and not requiring disposal, may be computed at the cost of replacement materials at the new location, or the moving cost, whichever is lesser.

h. Storage. When the displaced business requests and the airport owner determines that it is necessary to store personal property for a reasonable period of time not to exceed 12 months (unless the airport owner determines that a longer time is necessary), the reasonable cost of such storage, including packing and unpacking, crating and uncrating, would normally be eligible for Federal participation as a part of the moving expenses. Storage of personal property on the property being acquired, or on other property owned by the displaced business, is not eligible for Federal participation.

i. Insurance. When insurance is obtained for purpose of a move, insurance for the replacement value of the personal property in connection with the move and necessary storage is an eligible moving expense item.

j. License. Any license, permit, or certification required of the displaced business at the replacement site is an eligible moving expense. However, the payment may be based on the remaining useful life of the existing license, permit, or certification.

k. Losses in Moving. The reasonable replacement value of property lost, stolen, or damaged in the process of moving (not through the fault or negligence of the displaced business, or an agent or employee of the business) is reimbursable where insurance covering such loss, theft, or damage is not available.

l. Professional Services. A displaced business may receive reimbursement for the reasonable cost of professional services necessary for:

(1) Supervision and planning the move of the personal property,

(2) Moving the personal property, and

(3) Installing the relocated personal property at the replacement site.

m. Relettering. Relettering signs and replacing stationery on hand at the time of displacement that are made obsolete as a result of the move is an eligible reimbursement expense.

5-25. ACTUAL DIRECT LOSS OF TANGIBLE PERSONAL PROPERTY.

a. Payment for actual direct loss of tangible personal property is reimbursable when a person who is displaced from a place of business (including a farm operation) is entitled to relocate such property in whole or in part but elects not to do so. Such payment is eligible only after a bona fide effort has been made by the owner to sell the item(s) involved. The displaced business may elect not to move the personal property when it is:

(1) No longer needed because the business is being discontinued; or

(2) Not being moved to a replacement site because it is not suitable for use at the new location.

b. If the item(s) is sold, the payment shall be determined in accordance with the guides described in subparagraph c or d below. If the item(s) cannot be sold, the owner may be compensated in accordance with subparagraph e below. The sale prices, if any, and the actual reasonable costs of advertising and conducting the sale shall be supported by a copy of the bills of sale or similar documents and by copies of any advertisement, offers to sell, auction records, and other data supporting the bona fide nature of the sale.

c. If the business is to be reestablished and an item of personal property which is used in connection with the business is not moved but promptly replaced with a substitute item that performs a comparable function at the replacement site, the payment will be the lesser of:

(1) The cost of the substitute item, including installation costs at the replacement site, minus any proceeds from the sale or trade-in of the replaced item; or

(2) The estimated cost of moving and reinstalling the item, but with no allowance for storage.

d. If the business is being discontinued or the item is not to be replaced in the reestablished business, the payment will be the lesser of:

(1) The difference between the depreciated value of the item in place, less the net proceeds of the sale; or

The estimated cost of moving the item, but with no allowance for storage. (If the business is discontinued, the estimated cost shall be based on a moving distance not to exceed 50 miles.)

e. If a bona fide sale is not effected in the manner described in subparagraph c or d above because no offer is received for the property and the property is abandoned, payment for the actual direct loss of that item may not be more than the depreciated value of the item in place, or the estimated cost of moving the item 50 miles, whichever is less. The costs of the attempted sale may also be included in the payment. If the owner has the item(s) removed from the property, the actual cost of moving the item would normally be received.

than the typical residential lot available on comparable replacement properties, the sponsor shall carve out the value of the dwelling and typical residential lot for the area from the acquisition price in order to calculate the price differential. Should adequate comparable properties be available with the larger lot feature, a carve-out is not necessary. Also exact one to one correspondence between lot sizes is not necessary as it is likely that the market regards and values a range of lot sizes for single family use as relatively equal, e.g. 3-5 acs, 7-15 acs, over 20 acs.

(3) Dwelling on Land With Higher and Better Use. The acquisition cost carve-out used to compute the RHP eligibility is the higher of the value of the property for continued residential use or the value for development at the appraised HBU as of the date of acquisition, not to exceed the actual acquisition cost of the entire property.

(4) Residential/Business or Farm Operation Properties. When a displacement dwelling is part of a property containing a business or is part of a farm operation, the residence and typical home site must be carved out since any part of a property that is income producing cannot be included when determining residential relocation payments. An exception to this may be a cottage type industry within a dwelling where substantial alterations have not been made to accommodate the business.

d. Partial Acquisition. When the acquisition of a portion of a typical residential property causes the displacement of the owner from the dwelling and the remainder is a buildable residential lot, the airport owner may offer to purchase the entire property. If the owner refuses to sell the remainder to the airport owner, the market value of the remainder may be added to the acquisition cost of the displacement dwelling for purposes of computing the replacement housing payment.

e. Owner-Occupant of Multi-Family Dwelling. The procedure for computing a price differential for an owner of a multi-family dwelling who occupies one unit is as follows:

(1) The comparable dwelling shall be the same as that acquired; i.e., if the acquired property is a triplex, then the comparable shall be a triplex. If triplex comparables are not available, then structures of the next lowest density (duplex) must be used. If there are not any available comparable multi-family structures to be found, then the comparison of the owner's living unit would be to a single family residence. A structure higher in density than the structure being acquired is not acceptable as a comparable.

(2) The value of the owner's unit shall be used as the base for the price differential determination, not the entire market value of the acquired property. The price differential determination is that difference, if any, between the value of the owner's living unit and the value of a living unit on the most comparable available property. If the comparable is a triplex, the price differential is based on the value of only one of the three units; if a duplex, the determination is based on only one of the two units; if a single family dwelling, the determination is based on the entire value of the dwelling. The other living units of a multi-family dwelling cannot be included in the value of the subject property and the comparable because these are considered income producing and not part of the owner's personal living area.

e. Occupant With A Partial Ownership. When a single family dwelling is owned by two or more persons and occupied by one or more of the owners, the replacement housing payment will be the lesser of:

(1) The difference between the owner-occupant's share of the acquisition cost of the displacement dwelling and the actual cost of the replacement dwelling, or

(2) The difference between the total acquisition cost of the displacement dwelling and the amount determined by the airport owner as necessary to purchase a comparable dwelling.

g. Owner Retention. The replacement housing payment for a displaced person who has retained (bought back) the displacement dwelling from the acquired property shall be prepared in accordance with the guides of the appropriate subparagraph below. The payment when computed, based on the cost of relocating the retained dwelling, may not exceed the difference between the amount of final settlement an the amount which the airport owner has determined as the cost of purchasing a comparable decent, safe, and sanitary dwelling. Also, to be eligible for this payment, the dwelling must be relocated to a site beyond the noise impact area surrounding the airport to preclude additional expenditure on the same dwelling by the airport owner for subsequent acquisition or sound insulation.

(1) If there are not any comparables available by which to make such a determination, the estimated cost of a newly constructed dwelling adequate to accommodate the displaced person may be used in comparison with the amount of the final settlement.

(2) If the dwelling is decent, safe, and sanitary, the payment, if any, shall be the amount by which the costs to move the retained dwelling exceeds the amount of final settlement for the acquired property. The cost to move may include the reasonable costs of acquiring a new site or, if the dwelling is moved on other land owned by the displaced person, the current market value of the site. Other necessary expenses incident to retention value, moving, and restoring the dwelling to a condition comparable to that before the move are also eligible for reimbursement, up to the computed amount.

(3) If the dwelling is not decent, safe, and sanitary, the payment will be computed as shown above except that the costs to cure the decent, safe, and sanitary deficiencies will be included in the costs to relocate.

h. Upgrading of Replacement Dwelling. A displaced person upgrading a decent, safe, and sanitary replacement dwelling with added features in order to receive the maximum replacement housing payment is not eligible for reimbursement unless prior approval has been given by the airport owner. Such approval by the airport owner is acceptable only when an arrangement has been made with the seller that the upgrading of the replacement dwelling take place prior to or is committed to concurrent with the closing of the property purchase.

i. Previously Owned Dwelling. When a displaced person relocates to a previously owned DSS dwelling the price differential eligibility is the lesser of the adjusted list price of a comparable replacement dwelling or the current fair market value of the previously owned dwelling minus the acquisition cost of the acquired property.

6-26. RENTAL ASSISTANCE PAYMENT FOR 180-DAY HOMEOWNER. A 180-day homeowner-occupant, who could be eligible for a replacement housing payment by qualifying under the provisions of paragraph 6-21, but elects to rent a replacement dwelling, is eligible for a rental assistance payment not to exceed $5,250. Such payment would be computed and disbursed in accordance with paragraph 6-32. A displaced homeowner-occupant in this situation is not eligible for an increased rental assistance payment under housing of last resort procedures.

6-27. MORTGAGE INTEREST DIFFERENTIAL (MID). The MID is an amount which will reduce or "buydown" the displaced person's replacement mortgage balance to an amount which could be amortized with the pre-displacement monthly payment for principal and interest cost. To compute the MID eligibility, the remaining principal balance, interest rate, and monthly principal and interest payments for the pre displacement mortgage as well as an available replacement mortgage must be obtained and documented. The interest rate on the acquired dwelling shall be based on a bona fide recorded mortgage or other recorded documentation that were valid liens on the displacement dwelling for at least 180 days prior to the initiation of negotiations. The MID payment includes other debt service costs normal to the area of the replacement dwelling, if not paid as incidental cost.

a. MID Eligibility Calculation. The MID eligibility is the amount required to compensate for any additional interest cost incurred to purchase a replacement dwelling, not to exceed the cost of a conventional mortgage available at the prevailing fixed interest rate currently charged by mortgage lending institutions in the area in which the replacement dwelling is located. For acquired properties subject to a fixed rate mortgage, the pre-displacement interest rate is compared to the prevailing fixed interest rate.

For acquired properties subject to a adjustable rate mortgage (ARM), the MID eligibility is based on the lesser of the interest rate variance between the rate as of the date of acquisition versus the current fixed rate, or the variance in the "Cap rates" of the pre-displacement and replacement ARM's with equivalent rate index and adjustment specifications.

Under conditions of falling interest rates it would be expected that the rate differential before and after displacement is zero or less and a MID eligibility would not exist. Under conditions of rising interest rates it is likely a MID eligibility is necessary given the increased interest cost of an available replacement mortgage. Figure 6-1 provides a sample MID eligibility calculation for a fixed rate mortgage using FAA Form 5100-123, and Figure 6-2 provides a sample calculation for an ARM, using FAA Form 5100-123-ARM. These forms are available from FAA in electronic format (Microsoft Excel).

b. Actual MID Payment Calculation. Actual payment of a MID to a displaced person is contingent upon a mortgage being placed on the replacement dwelling. The MID payment eligibility is based on the unpaid mortgage balance(s) and remaining term of the mortgage(s) on the displacement dwelling, or the term of the new mortgage, whichever is shorter. In the event the person obtains a smaller mortgage than the reduced mortgage balance(s), the computed payment eligibility is prorated and reduced accordingly. In the case of a home equity loan, the unpaid balance used to calculate the payment is the balance which existed 180 days prior to the initiation of negotiations, or the balance on the date of acquisition, whichever is less.

Mortgage Maintenance

Payment Computation

U.S. Department of Transportation

Federal Aviation Administration

Required Information

1. Remaining principal balance on old mortgage. $100,000

2. Remaining amortization term of old mortgage as of date of acquisition.

(Calculated in Step A. of Payment Calculation section below.)

336 Months

3. Annual interest rate on old mortgage. 6.5%

4. Monthly Payment:

Existing monthly payment (actual payment as of date of acquisition), or;

$647

If the term of the replacement mortgage (line 6) is less than existing mortgage (line 2), use

the shorter amortization term of the replacement mortgage to calculate a hypothetical

monthly payment for the existing mortgage.

5. Replacement mortgage amount. (Enter lesser of actual amount or old balance amount, line 1) $100,000

6. Amortization term of replacement mortgage. 360 Months

7. Annual interest rate of replacement mortgage. (Shall not exceed the prevailing fixed-term

interest rate for conventional (non-government insured) mortgages currently charged by

lenders in the area in which the replacement dwelling is located.)

8.25%

8. Purchaser's points and loan origination or assumption fees which are not paid as an

incidental expense. (Not to exceed market norms.)

1%

Payment Calculation

A. Amount of reduced loan having a monthly amortization payment of:

$647 for 336 months at an annual rate of 8.25% .

Line 4 Lesser of Line 2 or Line 6 Line 7

$84,696

B. Amount of mortgage reduction: $100,000 less $84,696

Line 1 Line A . $15,304

C. Points and fees. 1% X $84,696

Line 8 Line A $847

D. PAYMENT: Total of Lines B and C. $16,151

E. If the actual new mortgage is less than Line A:

$________________ divided by $_____________ = ____% X $_____________

New Mortgage Amount Line A Line D

$_________

Figure 6-1. Sample FAA Form 5100-123, Fixed Mortgage Interest Differential Payment Computation

Figure 6-2. Sample FAA Form 5100-123, Adjustable Rate Mortgage Interest Differential Payment Computation

(a) A portion of the replacement housing price differential may have to be disbursed to close out the mortgage on the displacement dwelling. The balance of the price differential would then be allocated to purchase of the replacement dwelling, with the new mortgage amount being the same as the mortgage balance on the displacement dwelling. Closing on both the acquired and replacement properties should be simultaneous to ensure that full equity from the acquired property is applied to the replacement property.

(b) If the displaced person lacks available resources for a purchase the airport owner may increase the payment above the computed amount. However, if the payment is increased, the airport owner should attach a lien on the property for a specified period of time (5 years for example) stipulating that if the property is sold by the displaced person within such time period, the sale proceeds would revert to the airport owner. If the property is not sold within the specified time period, the lien on the property may be removed.

(11) Reimbursement of mortgage brokerage fees when incurred to secure a loan on a replacement property for a person suffering from credit difficulties or similar situations. Such fees should be limited to that amount normal for conventional loans in the area; however, fees in excess of the norm may be reimbursed when considered necessary and reasonable in the context of the financial ability of the person to pay such fees.

b. Under special circumstances, consistent with the definition of a comparable replacement dwelling, modified methods of providing replacement housing of last resort permit consideration of replacement housing based on space and physical characteristics different from those in the displacement dwelling, provided that while innovative measures may be used, they should always be the most cost-effective alternative.

(1) Modifications may include upgraded, but smaller replacement housing that is decent, safe, and sanitary and adequate to accommodate individuals or families displaced from marginal or substandard housing with probable functional obsolescence. In no event, however, shall a displaced person be required to move into a dwelling that is not functionally equivalent.

(2) Such variation should never result in a lowering of housing standards, nor should it ever result in a lower quality of living style for the displaced person. The physical characteristics of the comparable replacement dwelling may be dissimilar to those of the displacement dwelling, but they may never be inferior. Examples of variations that may be used are:

The use of a new mobile home to replace a very substandard conventional dwelling in an area where comparable conventional dwellings are not available; The use of a superior, but smaller decent, safe, and sanitary dwelling to replace a large, old substandard dwelling, only a portion of which is necessary for use as living quarters by the occupants. DISPLACED PERSON NOT MEETING LENGTH OF OCCUPANCY REQUIREMENTS. The airport owner shall provide assistance to a displaced person who is not eligible to receive a replacement housing payment because of failure to meet length of occupancy requirements when comparable replacement rental housing is not available at rental rates within the person's financial means, which is 30 percent of the person's gross monthly household income. Such assistance shall cover a period of 42 months.

6-47. CONSEQUENTIAL DISPLACEMENT. Persons displaced by the acquisition of real property for a last resort housing project are entitled to all eligible benefits under the relocation assistance provisions. On a voluntary transaction the selling owner is not a displaced person and is not entitled to relocation assistance and payments (see paragraph 3-9).

6-48. HOUSING OF LAST RESORT PAYMENTS. Replacement housing payment requirements are described at paragraphs 6-10, 6-22, 6-24, 6-25, 6-27, 6-28, 6-32, and 6-33. However, under last resort housing procedures the rental assistance payments shall be made in installments. The number of installments is at the discretion of the airport owner. Except as provided at paragraph 6-11 (payment after death), the full payment eligibility is vested at displacement, whether or not there is any later change in the person’s income or rent, or in the condition or location of the person’s housing.

6-49. FEDERAL PARTICIPATION IN LAST RESORT HOUSING COSTS. Subject to applicable AIP requirements, the airport owner is eligible to receive Federal financial assistance, at the same percentage rate as other project costs established by the grant agreement, for the actual reasonable costs it incurred in providing last resort housing. Such costs include, but are not limited to:

Land/site development and dwellings Moving and/or rehabilitation of existing housing. Legal fees and expenses. Direct costs to provide last resort housing incurred by the airport owner, political subdivision, local public agency, or housing advisory committee. RESERVED