Subject: Amendments to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
Date: August 12, 2015
The purpose of this letter is to provide guidance concerning the October 1, 2014 effective date for several of the amendments to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended in Section 1521 of the Moving Ahead for Progress in the 21st Century Act (MAP-21).
The MAP-21 amendments included the following:
- The maximum statutory benefit for replacement housing payments for displaced homeowners increased from $22,500 to $31,000.
- The length of occupancy requirement for homeowners was reduced from 180 days to 90 days in occupancy before the initiation of negotiations.
- The maximum statutory benefit for replacement housing payments for displaced tenants increased from $5,250 to $7,200.
- The maximum statutory benefit for business reestablishment benefits increased from $10,000 to $25,000.
- The maximum fixed payment for nonresidential moves increased from $20,000 to $40,000.
By law, these changes became effective on October 1, 2014.
The new eligibility standard for 90-day homeowners will apply whenever the initiation of negotiations with a homeowner occurs on or after October 1, 2014.
On or after October 1, 2014, the higher benefit limits apply to an individual who qualifies as a displaced person under the definition in 49 CFR 24.2(a) (9) (i) if:
For replacement housing payments for homeowners:
The displaced person holds title to the real property to be acquired.
For relocation benefits, other than replacement housing payments for homeowners:
The displaced person is not required to move from the acquired property before October 1, 2014, and has not moved before that date.
The Federal Highway Administration (FHWA), acting as the Lead Agency for rulemaking, is currently drafting a Notice of Proposed Rulemaking that would revise implementing regulations under 49 CFR Part 24. These new rules will be consistent with MAP-21. However, the statutory changes discussed in this letter are effective before the FHWA rulemaking efforts are complete.
The Frequently Asked Questions are located at http://www.fta.dot.gov/map21.html. If you have any questions pertaining to this guidance, please contact Mamie Smith-Fisher at 202-366-8063 or Mamie.Smith-Fisher@dot.gov.
Linda M. Gehrke