FINAL BILL REPORT

HB 1615

C 12 L 17

Synopsis as Enacted

Brief Description: Concerning relocation assistance for persons displaced by agency property acquisitions.

Sponsors: Representatives Kloba, Clibborn, Rodne, Doglio, Stanford and Jinkins; by request of Department of Transportation.

House Committee on Judiciary

Senate Committee on Transportation

Background:

The federal Uniform Relocation Assistance and Real Property Acquisition Policies Act (the federal act) establishes relocation assistance requirements for federally funded projects that require the acquisition of real property or displace persons from their homes, businesses, or farms. In order to use federal funds on a public works project, state and local government agencies must comply with the requirements in the federal act.

Under the federal act:

• The business reestablishment payment may not exceed $25,000, as adjusted by regulation.

• The fixed payment in lieu of moving expenses may not be less than $1000 nor more than $40,000, as adjusted by regulation.

• The homeowner replacement housing payment may not exceed $31,000, as adjusted by regulation.

• The homeowner length of occupancy requirement (the minimum number of days that a displaced person must own and occupy a dwelling in order to receive a homeowner replacement housing payment) is 90 days.

• The tenant replacement housing payment may not exceed $7,200, as adjusted by regulation.

The state Relocation Assistance and Real Property Acquisition Policies Act (the state act) contains similar requirements. Under the state act:

• The business reestablishment payment may not exceed $50,000.

• The fixed payment in lieu of moving expenses may not be less than $1000 nor more than $20,000.

• The homeowner replacement housing payment may not exceed $22,500.

• The homeowner length of occupancy requirement is 180 days.

• The tenant replacement housing payment may not exceed $5,250.

Revisions to the federal act took effect in 2014, including changes to certain length of occupancy requirements and payment amounts. Before these revisions took effect, the state act generally mirrored the federal act.

Under both the state and federal acts, "displaced person" includes any person who moves from real property or moves his or her personal property from real property: (1) as a direct result of written notice of intent to acquire, or the acquisition of, real property for a program or project undertaken by a displacing agency; or (2) as a direct result of rehabilitation, demolition, or other displacing activity, where the displacing agency determines that there is permanent displacement of a residential tenant, business, or farm.

Summary:

Certain payment amounts and length of occupancy requirements in the state Relocation Assistance and Real Property Acquisition Policies Act are adjusted consistent with the requirements in the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act (the federal act):

• The business reestablishment payment may not exceed $50,000, or the amount allowed under the federal act on July 23, 2017, (i.e., $25,000) or a subsequent date as provided by the displacing agency's rule or regulation, whichever is greater.

• The fixed payment in lieu of moving expenses may not be less than the amount allowed under the federal act on July 23, 2017, (i.e., not less than $1000 nor more than $40,000) or a subsequent date as provided by the displacing agency's rule or regulation.

• The homeowner replacement housing payment may not exceed the amount allowed under the federal act on July 23, 2017, (i.e., $31,000) or a subsequent date as provided by the displacing agency's rule or regulation.

• The homeowner length of occupancy requirement is 90 days.

• The tenant replacement housing payment may not exceed the amount allowed under the federal act on July 23, 2017, (i.e., $7,200) or a subsequent date as provided by the displacing agency's rule or regulation.

Votes on Final Passage: