DT2238 - Acquisition Stage Relocation Plan

ACQUISITION STAGE RELOCATION PLAN

RE2238 01/19/2012

Regional Office:

Project ID:

Project Name:

Project Limits:

Highway:

County:

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Prepared by (regional specialist or consultant):

Address:

Date(s) Prepared:

ACQUISITION STAGE RELOCATION PLAN

Contents

Page

ACQUISITION STAGE RELOCATION PLAN (cover sheet/information)

Table of Contents...... 2

Section A – Project and Plan Summary

Summary

Displacement Numbers

Relocation Project Cost Estimate

Relocation Field Office

Information Sources

Project Scheduling

Competing Displacements

Project Description

Project Assurances

Relocation Appeals

Local Public Agency Appeals

Property Management Policy

Eviction Policy

Filing Claims

Section B – Residential Relocation

Residential Relocation Services

Detailed Narrative Discussion

Residential Inventory, Correlation and Payment Summary

Available Comparable Housing

Section C – Business/Farm Relocation

Business/Farm Relocation Services

Relocation Payment Estimated (Business & Farm)

Replacement Business/Farm Sites

Section D – Summary of Relocation Payments

Relocation Payments Summary - All

Section E – Exhibits

Maps

Pictures

Section A – Project and Plan Summary

Summary

Type of plan / relationship to overall project:

1. Addendum to above-named plan and project, previously approved date:

2. Covers a portion of displacements, other plans to follow.

3. Covers all displacements expected on project.

4. Early acquisition.

5. Hardship plan or protective purchase.

If 1 or 2 is checked, explain additional displacements expected and reason not included in this plan:

If 4 or 5 is checked, explain if additional plan covering all displacements will be required and potential timetable:

Displacement Numbers

Relocation Project Cost Estimate

Relocation Field Office

Yes, location:

No, a field office is not necessary at this time.

Information Sources

Project Scheduling

Relocation timetable includes: completion of appraisals; acquisition of parcels; and, time needed by relocatees to vacate.

Competing Displacements

Does WisDOT, or any other public agency, have any other projects with displaced persons in this area that may compete with or disrupt this relocation project?

No.

Yes. If yes, describe and discuss competing project(s), any anticipated problems and proposed solutions:

Project Description

Provide a narrative description of the project in sufficient detail (use as much additional space as necessary) to describe the proposed highway improvement, including: area and type of project; and, type of neighborhood (use as much additional space as necessary):

Project Assurances

Project is pursuant to requirements of Uniform Relocation Assistance Act, s. 32.195 and 32.25 Wis. Stats., and Chapter Adm 92 (formerly Comm. 202), the agency assures that:

1. No person(s) occupying real property will be required to move from a dwelling unit or his/her business/farm, until a comparable replacement property has been made available.

2. No business/farm will be required to move until assistance has been provided in obtaining and becoming established in a suitable replacement business location or replacement farm.

3. Relocation program for this project as developed in this plan is realistic and is adequate to provide for the orderly, timely and efficient relocation of displaced persons.

Relocation Appeals

A relocatee may use one or all of the following methods of appeal at their disposal:

1. Administrative Appeal to WisDOT. Relocatee may request review of an eligibility finding, a computation or claim amount by submitting a letter request, describing all facts and reasons they believe reconsideration is warranted.

Regional staff shall review original determination and appeal. Upon completion of review, all documentation together with a recommendation for disposition shall be forwarded to WisDOT/Bureau of Technical Services-Real Estate (BTS-RE) for final determination.

2.Appeals to Wisconsin Department of Administration/Wisconsin State Energy Office - Division of Energy Services (formerly Commerce). Relocatees may file an appeal for a review of their status, computations, and/or claims in question by setting forth reasons for their dissatisfaction. The Wisconsin Department of Administration/Wisconsin State Energy Office - Division of Energy Services (formerly Commerce) will then conduct a review and make a determination under Chapter Adm 92 (formerly Comm. 202).

3.Legal Appeal (s. 32.20 Wis. Stats.). Relocatees may file an appeal in court of record where damages occurred.

Local Public Agency Appeals

Local Public Agency appeal methods (enter an N/A, if not applicable):

Property Management Policy

Upon acquisition of a property:

1. A rental agreement will be executed between agency and relocatee(s).

2. Displaced person shall have rent free use of property for 30 days beginning with next 1st or 15th day of the month after title vests with agency, whichever comes first.

3. Rent charged to occupant for use of property between date of acquisition and date of displacement may not exceed economic rent, rent paid by tenant to former owner, occupant's financial means, or one-half of one percent (1/2 of 1%) per month of approved offering price.

4. Agency will assume responsibility for property management, keeping buildings in a condition free of any immediate life threatening conditions, and will rely on regional staff to carry out such management as may be required. If staff cannot adequately handle property management, agency may contract with a private firm regularly engaged in the business of managing rental units.

Eviction Policy

Reasonable efforts shall be made to prevent eviction by a private landlord prior to acquisition of the property by the agency. Eviction shall be undertaken only for one or more of the following reasons:

1. Is required by state or local law and cannot be prevented.

2. Failure to pay rent, except where failure to pay is based upon agency not keeping premises in habitable condition.

3. Maintaining a nuisance on premises.

4. Material breach of agreement.

5. Refusal to accept one of a reasonable number of offers for accommodations meeting: decent, safe and sanitary relocation standards; in areas not generally less desirable than subject site with regard to public utilities, neighborhood facilities, rents or prices within financial means of the families and individuals; and, within reasonable access to their place of employment.

6. Use of premises for illegal purposes.

Eviction will be used only as a last resort. It will not affect eligibility for relocation payments.

Filing Claims

Action on all claims will be expedited to fullest extent possible so that prompt payment can be made. In addition, the following shall take place:

1. Displaced person will be furnished with copies of required Relocation Claim - Application and Release (RE1527).
2. Filing procedure shall be explained at initiation of negotiations or as soon as possible thereafter.
3. Relocation staff will assist displacee in completing claim.
4. Residential claims shall be approved at regional level; business/farm claims shall be approved in BTS-RE (Central Office).

Section B – Residential Relocation

Check one:

“Yes,” residential relocation services are needed.

“No,” residential relocation services are not needed. If there are no residential displacees, skip this section.

Residential Relocation Services

The relocation staff will offer and provide the following assistance to all residential displacees:

1. Assist in making moving arrangements, including transfer of utility services.
2. Assure that each relocatee will not have to vacate until a comparable replacement property is made available.
3. Counsel each individual and family regarding replacement housing that is decent, safe and sanitary, adequate to their needs, suitably located, and within their financial means.
4. Ensure that all persons to be displaced will be assisted in a manner to ensure against discriminatory practices and assure equal treatment in the purchase and rental of residential units on the basis of sex, race, color, handicap, religion, national origin, sex or marital status of person maintaining household, legal sources of income, age, ancestry, sexual orientation or other applicable federal, state or local fair housing laws.
5. Gather data commensurate with relocatees’ needs and advise accordingly.
6. If necessary, assist relocatees in obtaining mortgage financing and in preparation of offers to purchase and related documents relative to closing of purchase.
7. Make personal contacts with each displacee on a regular basis for purpose of discussing all aspects of relocation. Such appointments shall be geared to complexity and specific needs of relocatees.
8. Provide all required written notices, delivered by personal contact whenever feasible, to insure full understanding of eligibility requirement, payment options, project information and other notices required by law, regulations, or as otherwise appropriate.
9. Provide assistance in completing claims for relocation payments.
10. Provide current information on availability and prices of comparable sales housing.
11. Provide current information on units available to rent and advise relocatees on lease arrangements, tenant/landlord responsibilities, security deposit practices, rental ranges, etc.
12. Provide information on school district boundaries and public transportation.
13. Provide information regarding grievance procedures, arrangements and agencies involved.
14. Provide referrals to local housing and social service assistance agencies, as needed.

Detailed Narrative Discussion

Provide a detailed narrative paragraph(s) describing each potential relocatee’s situation based on an in-depth interview and specific to needs, potential issues and solutions. Discuss their present status and any special considerations, such as: health, income, family size, disability, elderly or minority. Provide potential solutions to accomplish the relocation program. Be sure to reference and correlate parcel numbers according to information provided on the Residential Inventory, Correlation and Payment Summary chart under Section B of this plan. Use as much space as necessary.

Residential Inventory, Correlation and Payment Summary

(Enter an N/A where appropriate)

* Total rooms/bedrooms and habitable area needed shall be based upon the larger of: acquired dwelling OR decent, safe and sanitary standards.

If necessary, insert additional ‘Residential Inventory, Correlation and Payment Summary’ and ‘Available Comparable Housing’ charts under Section B of this plan.

Available Comparable Housing

Section C – Business/Farm Relocation

Check one:

“Yes,” business/farm relocation services are needed.

“No,” business/farm relocation services are not needed. If there are no business/farm displacees, skip this section.

Business/Farm Relocation Services

Commercial Project Assurances: "Assist owners of displaced business concerns and farm operations in obtaining and becoming established in suitable business locations or replacement farms." s. 32.25(2)(b) Wis. Stats., Wis. Adm. Code 92 (formerly Comm. 202).

The following services will be provided to all business/farm relocatees:

1. The relocation specialists will:

a) Advise businesses in agency occupancy terms and conditions after acquisition.

b) Advise business of eligibility for relocation claim entitlements and assist them in filing claim with full documentation.

c) Assist in obtaining or transferring business permits and licenses.

d) Assist in securing and making moving arrangements.

e) Contact local development corporations and other similar organizations to make available all assistance possible when necessary.

f) Inform business owners and their concerns of the Small Business Administration entitlements when federal aid is involved.

g) Maintain close contact with local real estate agencies and brokers dealing in commercial space.

h) Maintain listings of vacant commercial properties.

i) With business owners or their designated representative, jointly develop inventory of personal property to be moved.

2. Contact with each commercial unit will be made at regular intervals during which various leads or referrals will be offered. Visitations will be geared to the complexity, the specific needs and the level of availability and will be repeated until the relocation agent's responsibilities are discharged and/or fully in compliance with the spirit of the program.

Relocation Payment Estimated (Business & Farm)

Estimated Business Relocation Payments

Business Move Payment

1. Actual moving expenses

1. Re-establishment

1. Tangible loss of personal property

1. Searching expenses

1. Total business move payment (sum above), OR

1. Payment "in-lieu of" total business move payment (fixed business move payment)

Business Replacement Payment (BRP)

1. Differential

1. Refinancing

1. Incidentals

If necessary, insert additional ‘Relocation Payment Estimated (Business & Farm)’ and ‘Replacement Business Sites’ charts under Section C of this plan.

Replacement Business/Farm Sites

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Section D – Summary of Relocation Payments

Relocation Payments Summary - All

Section E – Exhibits

Use as much additional space as necessary to provide adequate details.

Maps

The following are maps of highway construction / relocation project.

Pictures

The following are pictures of subject parcels.

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