RELOCATION INFORMATION AND WRITTEN NOTICES

Persons who may be displaced should be informed at the earliest practical time in the project of the State's Relocation Program. This information shall be furnished by use of the brochure and the General Information Notice. Other written notices will be required as the relocation process proceeds.

1. General Information Notice (RAAP 4)

Each resident and business scheduled to be displaced by a project will be provided a General Information Notice at the pre-relocation interview or promptly following the

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initiation of negotiations on a project unless they have been issued earlier, e.g.

previously given to owners at initiation of negotiations. This letter shall contain at least the following information and shall be accompanied by a relocation brochure that a. informs the person interviewed that he may be displaced by the project;

b. generally describes the relocation program and payments for which the person may become eligible;

c. briefly describes the basic eligibility conditions and procedures for obtaining payments;

d. indicates that any person displaced will be given reasonable relocation advisory services including housing referrals, help in filing payment claims, and other necessary assistance to help the displaced resident or business relocate successfully;

e. informs that any person to be displaced from a dwelling cannot be required to move permanently unless

(1) at least one comparable dwelling has been made available to him;

(2) he has been informed of its location;

(3) he has been provided sufficient time to negotiate for purchase or rent of the property;

(4) he is assured of receiving the relocation assistance and acquisition compensation, subject to reasonable safeguards, to which he is entitled in sufficient time to complete the purchase or lease of the property; and (5) he is provided with at least 90 days advance written notice.

f. describes the right to appeal the determination or amount of any relocation payment.

2. Notice of Intent to Acquire (RAAP 4A)

If there is a reason to have the property vacated before the initiation of negotiations, the State may issue a notice of intent to acquire. This notice may be issued to owners and tenants when the acquiring agency desires to establish eligibility for relocation benefits prior to the initiation of negotiations for the parcel. The notice will contain essentially the same information as the General Information Notice plus the anticipated date of initiation of negotiations for the parcel. It will contain the location where additional information may be obtained.

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When the notice of intent to acquire is furnished to an owner, it must also be furnished promptly to his tenant. If it is furnished to a tenant, the owner must be simultaneously notified of such action. The Notice of Intent to Acquire will be furnished by certified mail if the Agent cannot deliver it.

When a notice of intent to acquire is issued and the person moves after that notice but before delivery of the initial written purchase offer, the "initiation of negotiations"

means the date the person moves from the property.

This notice shall only be issued in special circumstances. Extreme care and coordination must be exercised within INDOT to assure that another person does not subsequently occupy the property. If reasonable assurance of this is not foreseen before this notice is proposed to be given, the acquiring agency may consider not giving such notice and instead awaiting until negotiations begin for the parcel. The State is not going to pay for more than one displaced person from the same unit unless absolutely unavoidable.

Protective Rent is other option an acquiring agency may use to elevate subsequent tenants. The effective use of these strategies will reduce if not eliminate situations where less than 90 day occupants are encountered.

3. Notice of Relocation Eligibility (RAAP 6, 7, & 24)

The State shall promptly notify all persons to be displaced of their eligibility for applicable relocation benefits. Since their eligibility for relocation benefits starts on the date negotiations are initiated for acquisition of the occupied property, this notification should be given on the same day or as soon as practical thereafter.

4. 90-Day Notice (RAAP 16, 17, 17A, 30 & 30A)

This is a required written notice. A lawful occupant cannot be required to move unless he or she has received a written notice at least ninety days in advance of the date by which he or she may be required to move. The notice must be issued in accordance with the following criteria:

a. Timing of the notice. The Agent may issue the notice 90-days or more before the person is expected to be required to move. If an occupant has already moved, there is no need to issue this notice.

b. Content of the notice. This notice would inform the occupant that he or she would have at least 90 days to relocate. A comparable replacement dwelling would have to be made available to the displaced occupant at least 90-days prior to the specific date in the notice. Thus, the 90-day notice and the letter informing residential occupants of their specific maximum entitlement are

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included in the same form.

c. Urgent need. In unusual circumstances, an occupant may be required to vacate the property with less than 90-days advance written notice if the State determines that a 90-day notice is impractical. An example of when this would occur would be when a person's continued occupancy of the property would constitute danger to the person's health or safety. A copy of the determination shall be included in the parcel file.

5. Determination of Relocation Entitlements (RAAP 16, 17 & 17A)

This information is included in the 90-day notice for displaced residents. Although not a notice as such, the State is required to inform an occupant in writing of the location of the specific comparable replacement dwelling, the price or rent used for establishing the upper limit of the replacement housing payment, and the basis for the determination so that the person is aware of the maximum replacement housing payment for which he or she may qualify.