Appendix 7: Notice of Non-displacement

(Tenant Eligible to return to property)
Agency issuing this notice should use their own Letterhead
Dear ____________:
On ___(date) _, the ____(City, County, State, Public Housing Authority (PHA), other) , notified you of
proposed plans to rehabilitate the property you currently occupy at (address)_______. On
____(date)_____, Texas Department of Housing and Community Affairs (TDHCA) approved the project
for funding. Repairs will begin soon.
This is a notice of nondisplacement. The rehabilitation work will not require you to move permanently.
Federal law guarantees you the following:
1. Upon completion of the rehabilitation, you may lease and occupy your present apartment or
another suitable, decent, safe and sanitary apartment in the same building/complex under
reasonable terms and conditions. Your monthly rent will remain the same or, if increased, your
new rent and estimated average utility costs will not exceed 30% of the gross income of all adult
members of your household. Of course, you must continue to comply with the reasonable terms
and conditions of your lease.
2. If rehabilitation work requires you to move temporarily, we will reimburse you for your movingrelated expenses, including the cost of moving to and from temporary housing, utility transfers,
and any increased temporary housing costs. The temporary unit will meet legal standards for
decent, safe and sanitary dwellings, and all other reasonable conditions of a temporary move.
We urge you not to move, in order to enjoy the opportunity to occupy a newly rehabilitated apartment. If
you decide to move for your own reasons, you will not receive any relocation assistance. We will make
every effort to accommodate your needs. Because this project involves federal funding, you are protected
by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
Of course, you must continue to comply with the terms and conditions of your lease. Failure to pay rent or
eviction will disqualify you to receive relocation assistance.
We will provide reasonable accommodations for persons with disabilities and persons with limited English
proficiency. Please let our representative know if you need auxiliary aides, written translation, oral
interpretation, or other assistance in order to fully participate in the relocation process.
If you disagree with your designation as a displaced person, the amount of relocation assistance to be
provided, or the comparability of the representative replacement dwelling you may have the right to an
administrative appeal to TDHCA. We will provide you with the contact information and instructions for the
appeal to TDHCA.
Please retain this letter for your records.
If you have any questions about this notice or the proposed project, please contact
(address)_________________________________, (phone)___________________.
(name and title)__________________________
Tenant’s Affidavit
I understand the contents of this notice.
Printed name of Tenant
Property Address
Signature of Tenant
Unit Number
Date Signed
NOTES for the preparer of the notice:
1. The case file must indicate when and the manner in which the property manager delivered this
notice (e.g., personally served and signed by tenant or certified mail, return receipt requested) and
the date of delivery.
2. Use this form as a guide. Make revisions to reflect the circumstances.
3. Based on the applicable HUD program regulations, if “reasonable terms and conditions,” are
defined, one of the following statements or other language may also be required in this Notice:
a. SUGGESTED TEXT FOR HOME FUNDED PROJECTS: We will offer you a new lease
for at least one year. Your monthly rent and estimated average utility costs may remain the
same. Any increase will depend on your income: (1) For low-income households, HUD
defines the total tenant payment (under 24 CFR 5.628); (2) Households not considered “lowincome” may pay up to 30% of their monthly gross household income.
remain the same or, if increased, your new rent and estimated average utility costs will not
exceed 30% of your household’s average monthly gross income.