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Covered HUD-Community Planning & Development (CPD) Programs

  • HOME – HOME Investment Partnership Program

  • NSP – Neighborhood Stabilization Program

  • Section 811 Project Rental Assistance (PRA) (follows HOME Program Uniform Relocation Act mandates (Exception – Section 104(d)))

  • NHTF – National Housing Trust Fund (24 CFR §93.352 Displacement, Relocation and acquisition)

Relocation for Federally-Funded Activities under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and Section 104(d) of the Housing and Community Development Act

TDHCA provides Development Owners and/or Subrecipients (Subrecipients) with Federal funds for activities involving acquisition, rehabilitation and reconstruction of single-family and multifamily dwelling units. Subrecipients of Federal funds must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and Section 104(d) of the Housing and Community Development Act of 1974. The requirements differ depending on the type of Subrecipient (e.g. a private developer versus a local jurisdiction utilizing eminent domain authority); however, all requirements are in place to ensure that the rights of individuals displaced by activities utilizing Federal funds are protected. While TDHCA maintains oversight, ensuring compliance with the laws and regulations surrounding acquisition and relocation, Subrecipients are responsible for ensuring that each necessary step outlined by the URA and/or Section 104(d) has been followed to the best of the Subrecipient’s ability.

TDHCA Subrecipients administering federal funds must advise displaced persons of their options. Find details in HUD Handbook 1378 Tenant Assistance, Relocation and Real Property Acquisition Handbook (HUD-CPD 1378.0) (hud.gov)

For URA purposes, a replacement unit must, at a minimum, meet the HUD definition of “decent, safe, and sanitary” (DSS) standards. DSS housing means housing that is in sound, clean and weathertight condition and is in conformity with local and state housing and health codes. If the program or building occupancy requires a higher standard such as HQS or higher, then those standards must be met. Housing Quality Standards (HQS) Inspection Checklist for Housing Choice Voucher Program, form HUD-52580 (4/2023).

Fixed Residential Moving Cost Schedule (FRMCS) located at: https://www.fhwa.dot.gov/real_estate/uniform_act/relocation/moving_cost_schedule.cfm 

URA and Section 104(d)

The Uniform Relocation Act provides important protections and assistance for people affected by the acquisition, rehabilitation, or demolition of real property for Federal or federally funded projects. This law was enacted by Congress to ensure that people whose real property is acquired, or who move as a direct result of projects receiving Federal funds, are treated fairly and equitably and receive assistance in moving from the property they occupy.

Section 104(d) establishes minimum requirements for agencies that displace lower income persons when their HOME or CDBG-funded activity demolishes or converts a lower-income dwelling to some other use. The displacing agency must provide relocation assistance and payments to all eligible displaced lower-income persons. Section 104(d) requires the replacement on a one-for-one basis of lower income dwellings demolished or converted to a use other than lower-income housing, in conjunction with HOME or CDBG-funded activity. Relocation payments and assistance under section 104(d) generally resemble those under URA. Differences include: preservation of low-income dwelling units, rental assistance time period (42 months for URA, 60 months for 104(d)), calculation basis of monthly payment amount, Housing Choice Voucher options, security deposit, and options for down payment substituted for the sum of monthly rental payments. 

Eligibility and Applicability

Eligible persons include any family or individual forced to move as a direct result of rehabilitation, demolition, or acquisition for a project which uses Federal funds. URA describes fair compensation and the processes everyone must follow, under 49 CFR 24. Low-income tenants residing in properties assisted through the HOME Investment Partnerships Program or the Neighborhood Stabilization Program may enjoy separate protections under Section 104(d) of the Housing and Community Development Act of 1974 (Section 104(d)). Eligible low-income tenants may opt to use either Section 104(d) or URA assistance, according to their best interests. 

URA may provide for fair market buy-out, relocation payments, and other assistance to eligible displaced residents. Before moving, anyone notified of possible displacement should first learn their rights and how to receive proper relocation assistance. Moving may terminate your eligibility for assistance, so it is important to contact the property manager or Subrecipient of Federal funds prior to moving.

Advisory Service for Those Displaced

URA addresses both the process of acquisition and relocation assistance. Subrecipients must appoint a relocation counselor, who will be responsible for providing advisory services to those displaced. The relocation counselor should contact residents prior to displacement (temporary or permanent displacement) to answer questions and provide needed information. The counselor will provide appropriate assistance to anyone needing accommodations due to language barriers or disabilities. If not satisfied with a relocation displacement decision, a resident has a right to appeal. The Agency shall consider a written appeal regardless of form.

Actions which may be appealed (49 CFR §24.10). If the person believes that the Agency did one of the following:

  • Failed to properly consider the person's application for assistance.

  • Improperly determined the person's eligibility

  • Improperly calculated the amount of a payment

Residential Anti-Displacement and Relocation Assistance Plan (RARAP)

This RARAP (DOCX) updated 12/14/2021 prepared by TDHCA, an agency of the State of Texas, follows the Housing and Community Development Act of 1974, “The HCD Act”, as amended; and HUD regulations at 24 CFR §42.325. This RARAP applies to TDHCA’s NSP, NHTF and HOME-assisted projects and complies with URA and Section 104(d).

TDHCA Relocation Handbook

The TDHCA Relocation Handbook (PDF) updated 2/26/2020) contains guidance, notices, and instructions specific to program administration in Texas. This handbook combines guidance on two federal rules governing displacement: URA (49 CFR Part 24) and Section 104(d) (24 CFR Part 42).

TDHCA Resources and Forms 

TDHCA recommends that its Subrecipients use the following forms, which the Department’s Relocation Handbook refers to. These forms have been created in accordance with HUD guidance and sample forms. The following list is not intended to be an all-inclusive list, nor does every form and notice apply to every activity; Subrecipients should follow current HUD guidance and contact TDHCA with any questions or concerns prior to beginning any displacement activities (49 CFR 24.203 and 24 CFR 42.350).

HUD Resources and Forms

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