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Notes:

Explanation/Example

Uniform Act Revised Final Rule

Summary of Top 10 Changes

1. Expanded Business Advisory Services

   • 24.205(a)(4) Estimate availability of replacement business sites; Evaluate business move problems

   • 24.205(c)(2)(i) Determine relocation needs and preferences of business; advisory services, perform interviews

   • 24.205(c)(2)(i)(A) Replacement site requirements,

   • 24.205(c)(2)(i)(B) Determine need for specialist to assist in planning, moving, reinstallation

   • 24.205(c)(2)(i)(C) Determine personalty vs. realty issues prior to, or at time of appraisal of property

   • 24.205(c)(2)(i)(D) Estimate time required to vacate the site

   • 24.205(c)(2)(i)(E) Estimate anticipated difficulty locating replacement property

   • 24.205(c)(2)(i)(F) Identify advance relocation payments required for the move; determine agency's legal capacity to provide advance payments

2. Expanded Business Relocation Expenses

   • 24.301(g)(17) Searching expense limits increased to $2,500, plus additional expenses are eligible

   • 24.303 The following expenses will be paid on an actual basis if the agency determines they are reasonable and necessary

   • Utility connection from right-of-way to replacement site;

   • Professional services, ie., soil testing;

   • Impact fees or one-time assessments for anticipated heavy usage

3. 30% Income Rule for Rental Assistance Payment

   • 24.402(2)(ii) Applies 30% income rule only to low income persons "base monthly rent"; Reference HUD's Annual Survey of Income Limits based on household size, geographic location

4. Subpart B No Exception for Direct Federal Program or Project

   • 24.101(a) Subpart B applies to all directly Federal-funded projects; with the exception of Tennessee Valley Authority or the Rural Utilities Service

5. Decent, Safe and Sanitary Definition Revised

   • 24.2(a)(8)(iv) Must comply with local code/agency policy

   • Adequate in size respect to bedrooms, area of living space, separation of sleeping quarters by gender

   • Accommodate those with physical disabilities

6. Elimination of Style of "Living Phrase"

   • 24.2(a)(6)(ii) Removal of this phrase is intended to eliminate abuse of interpretation; dwelling should be functionally equivalent (utility vs. esthetics)

7. Waiver Valuation Increase

   • 24.102(c)(2)(ii) Option to perform a waiver valuation with an increased limit of $10,000, with a maximum of $25,000 if an appraisal is offered and approved by leading agency

8. Conflict of Interest Increase

   • 24.102(n)(3) Appraisers/review appraiser/wavier valuation preparer may be Authorized to negotiate on subject property if the value of the property is less than $10,000. and the valuation is uncomplicated

   • Limit increased from $2,500 to $10,000

9. Replacement Housing Payments

   • 24.402(c) Renters who buy may apply the full rent supplement to downpayment

   • 24.401(f) Owners who rent may receive up to actual payment differential; $5,250 cap was removed for 180-day owners, so amount to purchase supplement is available as rent supplement if justified

10. Agency must not solicit or propose Relocation Benefit Waiver

    • 24.207(f) Agency must advise displacee of their entitled benefits and not solicit a waiver of such rights as part of a global settlement

To provide feedback, suggestions or comments for this page, contact Arnold Feldman arnold.feldman@fhwa.dot.gov