UNUSUAL RESIDENTIAL RELOCATIONS
THE ISSUES INVOLVED AND HOW TO PREPARE FOR THEM
Presented by:
Darryl Root, J.D., MBA, R/W-RAC
Types of Unusual Residential Relocations
Discussed
A. Displacees in Social Program Settings
1.Homeless Shelters
2.Drug and Alcohol Recovery Programs
B. Medical Care Facilities
1.Nursing Homes
2.Long Term Care Facilities
The Number of Homeless in America
Number of Nursing Homes and
Residents in U.S.
Nursing Homes
Number of nursing homes: 15,700
Proportion of nursing homes with for-profit
ownership: 68.2%
Number of licensed beds: 1.7 million
Residents
Number of residents: 1.4 million
Planning
What does the Uniform Relocation
Assistance and Real Property Acquisition
Policies Act of 1970, and as amended
(Uniform Act) say about planning?
A. 42 USC Chapter 61
1. Start at an early stage: Project development
team meetings during design, if possible
2. Minimize hardships----How do we help?
Do other laws apply?
A. Review State/Local Laws
1. Movement of Medical/Care Facilities
2. Movement of Court-Ordered Residents
3. Zoning Ordinances
4. Homeless Advocates
Homeless Shelters/Rehab Centers
A. Nature of Program Makes
Planning Difficult
1. NIMBY !
2. Transient Population
Can’t Travel
3. Transition to
Replacement Site
4. Court Ordered
Participation in Rehab
Centers
Nursing Homes/Long Term Care Facilities
A. Nature of These Facilities Makes Planning
Difficult
1. Health of Residents
2. Ability of Residents to Acclimate to
Replacement Site
3. Involvement of Family Members
Is your schedule realistic?
A. Allow enough time for displacees to
vacate
1. Proper scheduling requires
community input from planning
stages
2. Scarce Financial resources
3. Few replacement sites
Is your schedule realistic?
B. Allow enough time to
find replacement site
1. Permitting
2. Internal Planning
3. Notice to patients/
program participants
Is your schedule realistic?
C. Allow enough time for advisory services
1. Displacees will have physical/mental challenges
2. Low incomes
3. Displacees may have no familial support system
Have you involved all stakeholders
in the planning process?
A. Engineers
1. What is the
construction schedule?
B. Appraisers
1. Is the Homeless
Shelter a special use
property?
C. Negotiators
1. What is being
purchased?
D. Fixtures and Equipment
13
Have you involved all stakeholders
in the planning process?
D. Advocates for the Homeless
1. National Alliance to End
Homelessness
2. National Coalition for
the Homeless
3. Homeless Advocacy
Project
Have you involved all stakeholders
in the planning process?
E. Advocates for the Elderly
1. Advocacy Centre for the
Elderly
2. Center for the Rights
and Interests of the
Elderly
3. National Consumer
Voice
Have you involved all stakeholders
in the planning process?
F. Relocation Agent
1. Are your agents prepared to spend extra time
with interviews?
2. Begin research into state/federal regulations
that govern relocation of Nursing Homes and
Homeless Shelters;
3. How will the relocation agent interact with
Nursing Home and Homeless Shelter?
a.
b.
c.
Who is point of contact for the organization?
Take any necessary security measures needed
Plan your advisory assistance program carefully
Have you involved all stakeholders
in the planning process?
G. Finance ---- Plan a realistic budget !
1. Benefits defined in 49 CFR Subpart E
Sections 24.401 to 24.404 if considered
residential displacees; 24.301 to 24.306
if considered relocating with the
business or non-profit;
2. Will temporary relocations be necessary?
3. Will additional services are needed
during the transition to the replacement?
Which benefit categories apply to Residents
of shelters and nursing homes?
A. Should residents be treated as individual
residential displacees?
1. What is the resident’s dwelling ?
Dwelling [49 CFR 24.2(a)(10)]: 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 non -housekeeping
unit; a mobile home; or any other residential unit.
2. What is the resident’s domicile?
A person’s fixed, permanent home and principal establishment and
to which place the person, when absent, has full intention of
returning.
Which benefit categories apply to Residents
of shelters and nursing homes?
B. Should residents be treated as individual residential
displacees?
3. Are the residents “seasonal” ?
 §24.302 Fixed payment for moving expenses —residential moves.
Any person displaced from a dwelling or a seasonal residence or a
dormitor y style room is entitled to receive a fixed moving cost payment
as an alternative to a payment for actual moving and related expenses
under §24.301 .
This payment shall be determined according to the Fixed Residential Moving
Cost Schedule approved by the Federal Highway Administration and published
in the F EDERAL R EGISTER on a periodic basis. The payment to a per son with
minimal per sonal possessi ons who is in occupancy of a dormitor y style room or
a per son whose residential move is per formed by an A gency at no cost to the
per son shall be limited to the amount stated in the most recent edition of the
Fixed Residential Moving Cost Schedule.
Which benefit categories apply to Residents
of shelters and nursing homes?
C. Factors to consider
1. Indicators of permanent residency
a. Usual indicators may not be appropriate
i. Drivers License
ii. Voter Registration
b. Length of residency
i. Will the nursing home resident ever be able to leave?
ii. How long is the rehabilitation program?
c. No definitive FHWA guidance
d. Generally agreed residents will receive personal
property moves
Which benefit categories apply to Residents
of shelters and nursing homes?
D. Calculating the Rental Supplement if Residents are
determined to be Displacees.
Nursing Homes
1. Monthly payment should be reviewed
2. Amounts attributable to medical care, therapy,
medications, etc. should be deducted
3. Discounted monthly payment should be reviewed with
Displacee carefully
Which benefit categories apply to Residents
of shelters and nursing homes?
D. Calculating the Rental Supplement if
Residents are determined to be Displacees.
Shelters
1. Lack of income records
2. Amounts attributable to benefits received at shelter
3. Gross monthly income should be reviewed with Displacee
carefully
4. What are the comparables?
Which benefit categories apply to Residents
of shelters and nursing homes?
E. Practical Considerations if all residents considered
individual displacees:
1. Are there enough staf f persons to relocate all potential
displacees?
a. Would displacees have the capacity to understand the
relocation program and sign claim forms?
b. If not, would guardians have to be appointed by the
Court?
c. Would court-ordered participants be eligible?
d. Tremendous amounts of advisory assistance needed;
e. Could other “transitional” housing be used as a
comparable?
The Uniform Act’s take on
Advisory Services
 24.205 (c) (2) (ii) - Determine, for residential displacements,
the relocation needs and preferences of each person to be
displaced and explain the relocation payments and other
assistance for which the person may be eligible , the related
eligibility requirements, and the procedures for obtaining
such assistance. This shall include a personal inter view with
each residential displaced person.
 24.205 (c) (2) (ii) (A) - Provide current and continuing
information on the availability, purchase prices and rental
costs of comparable replacement dwellings, and explain that
the person cannot be required to move unless at least one
comparable replacement dwelling is made available as set
for th in 24.204 (a).
Which benefit categories apply to Residents
of shelters and nursing homes?
E. Practical Considerations IF residents are NOT
considered individual displacees:
1. What if the facility takes an in lieu payment and
decides to close?
2. What if the facility cannot receive the proper
permits at the replacement site? Or there is a
lengthy delay?
3. Will a temporary relocation of the facility be
necessary?
a. Reasonable out of pocket expenses
Effects of Relocation on Displacees
“Therefore, it remains a distinct possibility that the
health of at least some of a nursing home’s residents
will be jeopardized by a move to a new facility.”
E v a l u a t i o n a n d P r o g r a m P l a n n i n g, Vo l . 2 0 , N o . 4 , p p . 5 07 - 516 , 1 9 97
Q 1 9 97 E l s ev i e r S c i e n c e L t d . A l l r i g h t s r e s e r v ed
A. Cooperation between Agency, Consultants and Facility is
essential
B. Loss of familiar surroundings is confusing and stressful
C. Relocation can result in a loss of feeling of security
Which Non-Residential Benefit categories apply to
shelters and nursing homes?
D. Structure of the Facilities
1. For profit (nursing homes, rehabilitation programs)
2. Non-Profit (homeless shelters)
3. Government Agency
E. Benefits
1.
2.
3.
4.
Moving, and
Reestablishment or
In lieu
Functional replacement
(govt. owner occupants)
Non-Residential Replacement Sites
 Difficult to find for
shelters
 Usually requires
down town, urban
setting near clientele
 If partial taking, can
facility re-configure
on site?
Continuation of Services
A. Meals
1. May require alternative
cooking facilities
B. Medical Care
1. May require stays at
hospitals until replacement
is ready
C. Education
1. May be court-ordered
D. Security
1. Programs may involve
persons with criminal
records
To make it just a little more
complicated………
 California: “’Non -profit,’ special purpose proper ty means proper ty which is
operated for a special nonprofit, tax -exempt use suc h as a sc hool, c hurc h,
cemeter y, hospital, or similar proper ty. ‘Non-profit, special use proper ty’
does not inc lude proper ty owned by a public entity .” (emphasis added)
( C a l i f o rni a C o d e of C i v i l P ro c e d ure 1 2 3 5 .1 5 5 )
 California: “Special use or special purpose property is property that,
because of its uniqueness, has no relevant market for purpose of
comparable sales.”
(Condemnation Practice in CA)
 The statutory definition of market value has been modified to add that a
just and equitable method of determining the value of nonprofit, special
use property as defined, for which there is no relevant, comparable
market is:
“The cost of purchasing land and the reasonable cost of making it suitable for the
c o n d u c t o f t h e s a m e n o n p r o fi t , s p e c i a l u s e , t o g e t he r w i t h t h e c o s t o f c o n s t r uc t in g
s i m i l a r i m p r o v e m e nt s . ” ( C a l t r a n s R i g h t o f M a n u a l C h a p t e r 7 )
To make it just a little more
complicated………
The new provisions are applicable only if the property meets
all four of the following criteria:
1. The subject property is operated for a special, nonprofit
use.
2. The operator must have an exempt status with the State or
Federal Income Tax of fices.
3. The property is not owned by a public entity.
4. There is no relevant, comparable market data.
5. Relocation Agent must be careful not to duplicate
reestablishment benefits
Key Take Away’s
 Allocate sufficient time
to work with displacees
 Work closely with
agency and facilities to
explore options
 Consider practical
implications before
implementing benefits
QUESTIONS AND ANSWERS