[Code of Federal Regulations]

[Title 49, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR24.203]



[Page 235-236]

 

                        TITLE 49--TRANSPORTATION

 

          Subtitle A--Office of the Secretary of Transportation

 

PART 24_UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION FOR 

FEDERAL AND FEDERALLY-ASSISTED PROGRAMS--Table of Contents

 

                Subpart C_General Relocation Requirements

 

Sec. 24.203  Relocation notices.



    (a) General information notice. As soon as feasible, a person 

scheduled to be displaced shall be furnished with a general written 

description of the displacing Agency's relocation program which does at 

least the following:

    (1) Informs the person that he or she may be displaced for the 

project and generally 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);

    (2) Informs the displaced 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 displaced person successfully relocate;

    (3) Informs the displaced person that he or she will not be required 

to move without at least 90 days advance written notice (see paragraph 

(c) of this section), 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;

    (4) Informs the displaced 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 Sec. 24.208(h); and

    (5) Describes the displaced person's right to appeal the Agency's 

determination as to a person's application for assistance for which a 

person may be eligible under this part.



[[Page 236]]



    (b) Notice of relocation eligibility. Eligibility for relocation 

assistance shall begin on the date of a notice of intent to acquire 

(described in Sec. 24.203(d)), the initiation of negotiations (defined 

in Sec. 24.2(a)(15)), or actual acquisition, whichever occurs first. 

When this occurs, the Agency shall promptly notify all occupants in 

writing of their eligibility for applicable relocation assistance.

    (c) Ninety-day notice. (1) General. No lawful occupant shall be 

required to move unless he or she has received at least 90 days advance 

written notice of the earliest date by which he or she may be required 

to move.

    (2) Timing of notice. The displacing Agency may issue the notice 90 

days or earlier before it expects the person to be displaced.

    (3) Content of notice. 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 he 

or she 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. (See Sec. 24.204(a).)

    (4) Urgent need. In unusual circumstances, an occupant may be 

required to vacate the property on less than 90 days advance written 

notice if the displacing Agency 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. A 

copy of the Agency's determination shall be included in the applicable 

case file.

    (d) Notice of intent to acquire. A notice of intent to acquire is a 

displacing Agency's written communication that is provided 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, which clearly sets forth 

that the Agency intends to acquire the property. A notice of intent to 

acquire establishes eligibility for relocation assistance prior to the 

initiation of negotiations and/or prior to the commitment of Federal 

financial assistance. (See Sec. 24.2(a)(9)(i)(A).)