legislation: 97-hr-6171
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| 97-hr-6171 | 97 | hr | 6171 | Uniform Relocation Assistance and Real Property Acquisition Policies Act Amendments of 1982 | Housing and Community Development | 1982-04-27 | 1982-05-10 | Referred to Subcommittee on Surface Transportation. | House | Rep. Howard, James J. [D-NJ-3] | NJ | D | H000840 | 1 | Uniform Relocation Assistance and Real Property Acquisition Policies Act Amendments of 1982 - Title I: General Provisions - Amends the Uniform Relocation Assistance and Real Property Acquisition Policies Act to expand the definition of the term "State agency" for purposes of such Act to include any entity having eminent domain authority under State law, except public utilities, unless specifically exempted from such Act. Revises the definition of "Federal assistance" to provide that a person shall be considered displaced as a result of a project undertaken with Federal assistance only where the Federal Government has direct control over the project site or approval decisions. Revises the definition of "displaced person" to provide that persons displaced as a direct result of Federal or federally assisted rehabilitation or demolition projects shall be entitled to moving expenses and relocation advisory services under such Act. Title II: Uniform Relocation Assistance - Requires the payment to displaced persons of actual expenses not exceeding $10,000 necessary to reestablish a displaced business at its new site. Removes the limitation on the moving expense allowance and the fixed amount of the dislocation allowance that a person displaced from a dwelling may elect to receive in lieu of itemized expenses. Declares that such allowances shall be determined according to a schedule established by a lead agency designated by the President. Increases the maximum and decreases the minimum limitations on the payment a person displaced from a business or farm operation may elect to receive in lieu of itemized deductions. Declares that such amount shall be determined according to criteria established by the lead agency. (Currently, such amount is based on the annual earnings of the farm or business.) Excludes from entitlement to such payment a displaced person whose sole business was the rental of the real property. Revises the method of computing the payment to a displaced homeowner for increased mortgage costs with respect to a suitable (currently comparable) replacement dwelling. Requires payment of an amount that would reduce the principal and interest on the replacement dwelling to the same level as the payments on the displaced dwelling. Authorizes a displacing agency to extend the one-year period following payment for an acquired home during which the displaced person must purchase and occupy a replacement dwelling in order to qualify for housing replacement payments, but limits such payments to the costs of relocating such person within that one-year period. Decreases the ceiling (currently $4,000) on the amount of rental housing replacement assistance provided to displaced tenants to the lesser of: (1) $3,000; or (2) 24 times the difference between the monthly cost of suitable replacement housing and 30 percent of the tenant's monthly income. Permits eligible displaced tenants to elect to: (1) receive Federal, State, or local low- income housing assistance in lieu of such rental housing replacement assistance; or (2) apply such rental assistance toward the downpayment on a suitable replacement dwelling. Declares that displaced homeowners who meet the residency requirement for rental housing replacement assistance but not for homeowner's housing replacement assistance shall qualify for rental assistance. Permits a displacing agency, with the consent of the displaced person, to waive the requirement that suitable replacement housing be decent, safe, and sanitary, under unique circumstances. Prohibits the payment of rental housing replacement assistance to any person who: (1) occupied the displacement dwelling principally to obtain such assistance; or (2) has received such assistance during the two preceding years. Directs the Secretary of Housing and Urban Development to assign priority to displaced persons for assistance under public housing programs. Directs the Small Business Administration and other Federal agencies to provide technical assistance to such persons in applying for other assistance programs. Requires that all relocation assistance advisory programs: (1) provide information on suitable locations for displaced farming operations; and (2) assure that no person is required to move before being given a reasonable choice of suitable replacement dwellings. Provides for the designation of a single, cognizant Federal agency to establish procedures to be used by a non-Federal displacing agency to implement related activities funded by two or more Federal agencies. Permits States to enact equitable standards to implement provisions authorizing a displacing agency to use project funds to provide dwellings for displaced persons if such project would be delayed because suitable replacement housing is not available otherwise. Directs the head of the lead agency to certify such standards or, in the absence of such standards, to provide that assistance for replacement housing may exceed payment ceilings only on a case by case basis. Authorizes a displacing agency to provide replacement housing for persons eligible for low-income housing assistance through a Federal low-income housing assistance program. Provides that any payment a displaced person receives under State law shall replace a housing replacement or real property acquisition payment for substantially the same purpose under the Uniform Relocation Assistance and Real Property Acquisition Policies Act. Directs a displacing agency to: (1) use government or private entities to carry out any relocation assistance services under such Act; and (2) incorporate competition among private alternative service providers. Requires the President to designate a lead agency which shall: (1) promulgate rules to carry out such Act; (2) coordinate relocation assistance activities with Federal and federally-financed low-income housing programs; (3) monitor the implementation of such Act; and (4) report any major problems under such Act to Congress. Requires a State agency to pay the United States all net amounts (currently all amounts) received from the sale of surplus Federal property transferred to the agency for the purpose of providing replacement housing. Repeals the authority of any displacing agency to make loans to various organizations for planning and obtaining federally insured mortgage financing for housing for displaced persons. Title III: Uniform Real Property Acquisition Policy - Authorizes a displacing agency acquiring real property to forego an appraisal of donated property or property voluntarily for sale for $700 or less if the seller agrees. Requires that the owner, at his or her election, be provided with a written justification of the amount determined to be just compensation. Permits a displaced person to donate the real property being acquired or any of the compensation paid for such property to the displacing agency. Prohibits the preemption of any State law when a Federal agency directly acquires land within a State, except as required for national security or as provided by Congress. Title IV: Effective Date - Sets forth the effective dates of specified provisions of this Act. | 2025-08-29T19:49:47Z |