WSR 26-08-060
PROPOSED RULES
DEPARTMENT OF TRANSPORTATION
[Filed March 27, 2026, 12:02 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 25-03-135.
Title of Rule and Other Identifying Information: Chapter 468-100 WAC, Uniform relocation assistance and real property acquisition.
Hearing Location(s): On May 6, 2026, at 2:00 p.m., virtual hearing via Microsoft Teams at https://bit.ly/WAC-468-100-May-6-2026. To join the virtual hearing, please use the web address shown for the hearing location or dial in by phone +1 206-531-0324,,870341930# for United States, Seattle. You can use this link to find a local number: https://dialin.teams.microsoft.com/039e7852-bef4-4986-949b-6b82f4e2095f?id=870341930. The phone conference ID is 870 341 930#. For further details about joining a Microsoft Teams meeting, visit https://aka.ms/JoinTeamsMeeting?omkt=en-US.
Date of Intended Adoption: May 6, 2026.
Submit Written Comments to: Danny Johnson, P.O. Box 47338, Olympia, WA 98504-7338, email danny.johnson@wsdot.wa.gov, phone 360-705-7317, beginning March 26, 2026, at 12:00 p.m., by May 5, 2026, at 5:00 p.m.
Assistance for Persons with Disabilities: Contact Washington state department of transportation (WSDOT), ADA office, phone toll-free 855-362-4ADA(4232), TTY 711, email wsdotada@wsdot.wa.gov, by April 29, 2026.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to update chapter 468-100 WAC based on recent updates to federal regulations and updates to chapter 8.26 RCW made in the 2025 legislative session here in Washington state. The Federal Highway Administration (FHWA) published a final rule (new) in the Federal Register, amending the government-wide Uniform Relocation Assistance and Real Property Acquisition Policy Act (Uniform Act) regulations. The Uniform Act, as amended, 42 U.S.C. 4601 et seq., provides important protections and assistance for people affected by federal and federally-assisted projects. Congress enacted this law to ensure that people whose real property is acquired, or who move as a result of federal projects or projects receiving federal funds, are treated fairly and equitably and receive just compensation for, and assistance in moving from, the property they own or occupy. The government-wide regulation implementing the Uniform Act is 49 C.F.R. Part 24. WSDOT, as the lead agency to chapter 468-100 WAC, must now update our regulations to reflect the provisions of the final rule and remove conflicting provisions. In conjunction with the federal rule updates, Washington state legislation made updates to RCW 8.26.035, which are also incorporated into this proposed update.
Reasons Supporting Proposal: FHWA amended the Uniform Act regulations. The revisions were prompted by the enactment of the Moving Ahead for Progress in the 21st Century Act (MAP-21), which increased statutory relocation benefits and reduced length of occupancy requirements. FHWA also updated the Uniform Act regulations in response to comments received during a rule-making's public comment period and to reflect their experience with the federal-aid highway program since the last comprehensive rule making for the Uniform Act, which occurred in 2005. The updates include streamlining processes to better meet current Uniform Act implementation needs, adding new benefit categories, updating monetary limits, and eliminating duplicative and outdated regulatory language. Additionally, the 2025 Washington state legislative session created new statutes updating the monetary limits for reestablishment expenses in RCW 8.26.035. These new statutory revisions must now be reflected in chapter 468-100 WAC.
Statutory Authority for Adoption: RCW 8.26.085.
Statute Being Implemented: Chapter 8.26 RCW.
Rule is necessary because of federal law, 42 U.S.C. § 4633(d) Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The amendments to the federal regulations (final rule) went into effect June 3, 2024. The amendments to RCW 8.26.035 went into effect July 27, 2025.
Name of Proponent: WSDOT and FHWA, governmental.
Name of Agency Personnel Responsible for Drafting: Danny Johnson, Tumwater, Washington, 360-705-7317; Implementation and Enforcement: Real Estate Services, Tumwater, Washington, 360-705-7317.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. This is not required because WSDOT is not subject to RCW 34.05.328 (5)(a)(i) and has not made RCW 34.05.328 applicable to this rule.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.061 because this rule making is being adopted solely to conform and/or comply with federal statute or regulations. Citation of the specific federal statute or regulation and description of the consequences to the state if the rule is not adopted: This proposed revision is to comply with updates made to federal regulations in 49 C.F.R. Part 24. The consequences of not adopting this rule include, but are not limited to, loss of all federal funding to state and local agencies for transportation projects.
Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party; and rule content is explicitly and specifically dictated by statute.
Explanation of exemptions: The proposed rule qualifies for multiple exemptions. The first of which is found in RCW 19.85.061, which allows for an exemption for adopting rules that conform or comply with federal statute or regulation. This proposed rule is being updated to specifically conform and comply with 49 C.F.R. Part 24 in its entirety. The next exemptions are found in RCW 34.05.310 (4)(b) and (e). RCW 34.05.310 (4)(b) allows for exemptions for rules when they relate to internal governmental operations that are not subject to a violation by a nongovernment party. Chapter 468-100 WAC relates to governmental operations to promulgate the Uniform Act and does not subject agencies to any violations by a nongovernmental party. RCW 34.05.310 (4)(e) allows for an exemption when the content of the rules is explicitly and specifically dictated by statute. On May 17, 2025, Governor Ferguson signed HB [SHB] 1733 into law, which amended RCW 8.26.035. This updated statute now requires WSDOT, as lead agency to chapter 468-100 WAC, to update the regulations to implement that specific legislation.
Scope of exemption for rule proposal:
Is fully exempt.
March 26, 2026
Sam Wilson, Director
Business Support Services
RDS-7030.2
AMENDATORY SECTION(Amending WSR 06-02-068, filed 1/3/06, effective 2/3/06)
WAC 468-100-001Purpose.
(1) This chapter promulgates rules to implement and comply with chapter 8.26 RCW (Relocation assistance—Real property acquisition policy), Title 49 C.F.R. Part 24, and other applicable laws which establish the requirements for the state, local public agencies, and other persons who have the authority to acquire property by eminent domain under state law when a public project involves the acquisition, condemnation, or demolition of real property or other actions which results in any persons or property being displaced. The state, local public agency, or other person is authorized and required to provide relocation assistance and to make relocation payments to the displaced persons and to do such other acts and follow such procedures and practices as may be necessary to comply with the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4601 et seq., as amended May 3, 2024, but not to include future amendments. Agencies must ensure these regulations are implemented in a manner that is efficient and cost effective.
(2) Conflicts: In the event of any conflict between these regulations and the provisions of chapter 8.26 RCW or any other applicable law, the statutory provisions are controlling.
(3) Notwithstanding anything to the contrary in this chapter, any displacing agency, where otherwise authorized, may make any relocation assistance payment in an amount which exceeds the maximum amount for such payment authorized by this chapter, and may comply with regulations promulgated pursuant to other authority, if the making of such payment or compliance with such requirements is necessary under federal law or regulations to secure federal financial assistance.
AMENDATORY SECTION(Amending WSR 06-02-068, filed 1/3/06, effective 2/3/06)
WAC 468-100-002Definitions and acronyms.
Definitions: For the purposes of this chapter, certain terms ((used in this chapter)) are defined as follows:
(1) Agency((: The term agency)) means the federal agency, state, state agency, or person that acquires real property or displaces a person.
(a) Acquiring agency((. The term acquiring agency)) means a state agency, as defined in (d) of this subsection, which has the authority to acquire property by eminent domain under state law, and a state agency or person that does not have such authority.
(b) Displacing agency((. The term displacing agency means any federal agency carrying out a program or project, and any state, state agency, or person carrying out a program or project with the federal))means the state agency, local public agency, or any person carrying out a program or project, with federal or state financial assistance, that causes a person to be a displaced person.
(c) Federal agency((. The term federal agency)) means any department, agency, or instrumentality in the executive branch of the United States government, any wholly owned U.S. government corporation, the Architect of the Capitol, the Federal Reserve banks and branches thereof, and any person who has the authority to acquire property by eminent domain under federal law.
(d) State agency((. The term state agency)) means any department, agency or instrumentality of a state or of a political subdivision of a state, local public agency, any department, agency, or instrumentality ((or))of two or more states or of two or more political subdivisions of a state or states, and any person who has the authority to acquire property by eminent domain under state law or has been designated as an acquiring agency as defined in (a) of this subsection.
(2) ((Alien not lawfully present in United States: Means an alien who is not "lawfully present" in the United States as defined in Public Law 104-193 and includes:
(a) An alien present in the Unites States who has not been admitted or paroled into the United States pursuant to the Immigration and Nationality Act and whose stay in the United States has not been authorized by the United States Attorney General; and
(b) An alien who is present in the United States after the expiration of the period of stay authorized by the United States Attorney General or who otherwise violates the terms and conditions of admission, parole or authorization to stay in the United States.
(3)))Appraisal((:))means a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information.
(((4)))(3)Business((:))means any lawful activity, except a farm operation, that is conducted:
(a) Primarily for the purchase, sale, lease, and/or rental of personal and/or real property, and/or for the manufacture, processing, and/or marketing of products, commodities, and/or any other personal property; or
(b) Primarily for the sale of services to the public; or
(c) Primarily for outdoor advertising display purposes, when the display must be moved as a result of the project; or
(d) By a nonprofit organization that has established its nonprofit status under applicable federal or state law.
(((5)))(4)Citizen((: The term citizen)) for purposes of this part includes both citizens of the United States and noncitizen nationals.
(((6)))(5)Comparable replacement dwelling((:))means a dwelling that meets the additional rules in WAC 468-100-403 and which is:
(a) Decent, safe, and sanitary according to the definition in subsection (((8)))(7) of this section((.));
(b) Functionally equivalent to the displacement dwelling. The term functionally equivalent means that it performs the same function((,)) and provides the same utility. While a comparable replacement dwelling need not possess every feature of the displacement dwelling, the principal features must be present. Generally, the functional equivalency is an objective standard, reflecting the range of purposes for which the various physical features of a dwelling may be used. However, in determining whether a replacement dwelling is functionally equivalent to the displacement dwelling, the agency may consider reasonable tradeoffs for specific features when the replacement unit is equal to or better than the displacement dwelling((.));
(c) Adequate in size to accommodate the occupants((.));
(d) Located in an area that is not subject to unreasonable adverse environmental conditions((.));
(e) In a location generally not less desirable than the location of the displaced person's dwelling with respect to public utilities and commercial and public facilities, and is reasonably accessible to the person's place of employment. Comparables may be used from neighborhoods similar to that of the acquired dwelling((.));
(f) On a site that is typical in size for residential development with normal site improvements, including customary landscaping. The ((replacement)) site need not include ((either a)) special improvements((or a major exterior attribute)) such as outbuildings, swimming pools, or greenhouses in accordance with WAC 468-100-403 (1)(b)((.));
(g) Currently available to the displaced person on the private market except as provided in subsection (6)(i) of this section((.)); and
(h) Within the financial means of the displaced person((.)):
(i) ((For a one hundred eighty-day owner-occupant described at WAC 468-100-401, a comparable dwelling is considered to be within the displacee's financial means.
(ii) For a ninety-day tenant-occupant described at WAC 468-100-402, a comparable dwelling is considered to be within the displacee's financial means if after application of the rental assistance payment, described in said section, the displacee's portion of the monthly rent plus utilities would be thirty percent or less of his total monthly income from all sources))A replacement dwelling purchased by a homeowner in occupancy at the displacement dwelling for at least 90 days prior to initiation of negotiations (90-day homeowner) is considered to be within the homeowner's financial means if the homeowner will receive the full price differential as described in WAC 468-100-401(3), all increased mortgage interest costs as described in WAC 468-100-401(4), all reverse mortgage replacement costs as described in WAC 468-100-401(5), and all incidental expenses as described in WAC 468-100-401(6), plus any additional amount required to be paid under WAC 468-100-404.
(ii) A replacement dwelling rented by an eligible displaced person is considered to be within their financial means if, after receiving rental assistance under this chapter, the person's monthly rent and estimated average monthly utility costs for the replacement dwelling do not exceed the person's base monthly rental for the displacement dwelling as described in WAC 468-100-402 (2)(b).
(iii) For a displaced person who is not eligible to receive a replacement housing payment ((under WAC 468-100-402 due to))because of the person's failure to meet the length of occupancy requirements, comparable replacement rental housing is considered to be within the ((displacee's))person's financial means if ((the acquiring))an agency pays that portion of the monthly housing costs of a replacement dwelling which exceeds the person's base monthly rent for the displacement dwelling as described in WAC 468-100-402 (2)(b). Such rental assistance must be paid under WAC 468-100-404, replacement housing of last resort.
(i) For a person receiving government housing assistance before displacement, a dwelling that may reflect similar government housing assistance. In such cases any requirements of the government housing assistance program, including fair housing, civil rights, and those relating to the size of the replacement dwelling shall apply. However, nothing in this part prohibits an agency from offering, or precludes a person from accepting, assistance under a government housing program, even if the person did not receive similar assistance before displacement, subject to the eligibility requirements of the government housing assistance program. An agency is obligated to inform the person of his or her options under this part and the implications of accepting a different form of assistance other than the assistance that the person may currently be receiving. If a person accepts assistance under a government housing assistance program, the rules of that program apply, and the rental assistance payment under WAC 468-100-402 would be computed on the basis of the person's actual out-of-pocket cost for the replacement housing and associated utilities after the applicable government housing assistance has been applied. In determining comparability of housing under this part:
(i) A public housing unit may qualify as a comparable replacement dwelling only for a person displaced from a public housing unit.
(ii) A privately owned unit with a housing project-based rental program subsidy (e.g., tied to the unit or building) may qualify as a comparable replacement dwelling only for a person displaced from a similarly subsidized unit or public housing unit.
(iii) An offer for tenant-based rental assistance, such as a HUD Section 8 housing choice voucher, may be provided along with an offer of a comparable replacement dwelling to a person receiving a similar subsidy assistance or occupying a privately owned subsidized unit or public housing unit before displacement. The displacing agency must confirm that the owner will accept tenant based rental assistance before offering the unit as comparable replacement housing.
(((7)))(6)Contribute materially((:))means that during the two taxable years prior to the taxable year in which displacement occurs, or during such other period as the agency determines to be more equitable, a business or farm operation:
(a) Had average annual gross receipts of at least ((five thousand dollars))$5,000; or
(b) Had average annual net earnings of at least ((one thousand dollars))$1,000; or
(c) Contributed at least ((thirty-three and one-third))33 1/3 percent of the owner's or operator's average annual gross income from all sources.
(d) If the application of the above criteria creates an inequity or hardship in any given case, the agency may approve the use of other criteria as determined appropriate.
(((8)))(7)Decent, safe, and sanitary (DSS) dwelling((:))means a dwelling ((that))which meets ((local housing and occupancy codes. However, any of the following standards that are not met by the local code shall apply, unless waived for good cause by the agency funding the project))the requirements of (a) through (g) of this subsection or the most stringent of the local housing and occupancy code, federal agency regulations, or the agency's regulations or written policy. The DSS dwelling shall:
(a) Be structurally sound, weather-tight, and in good repair((.));
Many local housing and occupancy codes require the abatement of deteriorating paint, including lead-based paint and lead-based paint dust, in protecting the public health and safety. Where such standards exist, they must be honored;
(b) Contain a safe electrical wiring system adequate for lighting and other electrical devices((.));
(c) Contain a heating system capable of sustaining a healthful temperature (of approximately ((seventy))70 degrees Fahrenheit) for a displaced person, except in those areas where local climatic conditions do not require such a system((.));
(d) Be adequate in size with respect to the number of rooms and area of living space needed to accommodate the displaced person. The number of persons occupying each habitable room used for sleeping purposes shall not exceed that permitted by the most stringent of the local housing codes or, ((in the absence of local codes, the policies of the displacing agency))the agency's regulations or written policies. In addition, the displacing agency shall follow the requirements for separate bedrooms for children of the opposite gender included in local housing codes or in the absence of local housing codes, the policies of such agencies((.));
(e) There shall be a separate, well-lighted and ventilated bathroom that provides privacy to the user and contains a sink, bathtub or shower stall, and a toilet, all in good working order and properly connected to appropriate sources of water and to a sewage drainage system. ((In the case of a housekeeping dwelling))When required by local code standards for residential occupancy, there shall be a kitchen area that contains a fully usable sink, properly connected to potable hot and cold water and to a sewage drainage system, and adequate space and utility service connections for a stove and refrigerator((.));
(f) Contains unobstructed egress to safe, open space at ground level. If the replacement dwelling unit is on the second story or above, with access directly from or through a common corridor, the common corridor must have at least two means of egress((.)); and
(g) For a displaced person with a disability, be free of any barriers that would preclude reasonable ingress, egress, or use of the dwelling by such displaced person.
(((9)))(8)Displaced person means:
(a) ((General: Means))Generally. Except as provided in (d) of this subsection, any person who permanently moves from the real property or moves his or her personal property from the real property. This includes a person who occupies the real property prior to its acquisition, but who does not meet the length of occupancy requirements of the Uniform Act((:))as described in WAC 468-100-401(1) and 468-100-402(1).
(i) As a direct result of ((the agency's acquisition of, or))a written notice of intent to acquire, rehabilitate, and/or demolish, the initiation of negotiation for, or the acquisition of, such real property in whole or in part for a project; ((or))
(ii) As a direct result of ((a written order from the acquiring agency to vacate such real property))rehabilitation or demolition for a project; or
(iii) As a direct result of ((the agency's acquisition of, or written order to vacate for a project, other real property on which the person conducts a business or farm operation; or
(iv) As a direct result of a voluntary transaction by the owner pursuant to WAC 468-100-101 (2)(a), thereby displacing a tenant.
(b)))a written notice of intent to acquire, or the acquisition, rehabilitation or demolition of, in whole or in part, other real property on which the person conducts a business or farm operation, for a project. However, eligibility for such person under this paragraph applies only for purposes of obtaining relocation assistance advisory services under WAC 468-100-205(2), and moving expenses under WAC 468-100-301 and 468-100-303.
(b) Persons required to move temporarily. A person who is required to move or moves his or her personal property from the real property as a direct result of the project but is not required to relocate permanently. Such determination shall be made by the agency in accordance with any requirement, policy, or guidance established by the agency funding the project. All benefits for persons required to move on a temporary basis are described in WAC 468-100-202(2).
(c) Voluntary acquisitions. A tenant who moves as a direct result of a voluntary acquisition as described in WAC 468-100-101(2) is eligible for relocation assistance when there is a binding written agreement between the agency and the owner that obligates the agency, without further election, to purchase the real property. Agencies funding voluntary acquisitions should develop policies identifying the types of agreements used in its programs or projects which it considers to be binding and which would therefore trigger eligibility for tenants as displaced persons. Agreements such as options to purchase and conditional purchase and sale agreements are not considered a binding agreement within the meaning of this paragraph until all conditions to the agency's obligation to purchase the real property have been satisfied. Provided that, the agency may determine that a tenant who moves before there is a binding agreement is eligible for relocation assistance once a binding agreement exists allowing establishment of eligibility.
(d)Persons not displaced((:)).The following is a nonexclusive listing of persons who do not qualify as a displaced person under this chapter.
(i) A person who moves before the initiation of negotiations ((except one who is required to move for reasons beyond his or her control as explained in WAC 468-100-403(4),)) unless the agency determines that the person was displaced as a direct result of the program or project; or
(ii) A person who initially enters into occupancy of the property after the date of its acquisition for the project; or
(iii) A person who has occupied the property for the purpose of obtaining assistance under the Uniform Act; or
(iv) ((A person whom the agency determines is not required to relocate permanently as a direct result of a project. Such determination shall be made by the agency in accordance with any guidelines established by the federal agency funding the project; or
(v))) An owner-occupant who moves as a result of an acquisition, rehabilitation, or demolition of real property ((or as a result of the rehabilitation or demolition of the real property))in a voluntary transaction (subsection (36) of this section). However, the displacement of a tenant as a direct result of any acquisition, rehabilitation or demolition ((for a federal or federally assisted project)) is subject to this part; or
(((vi)))(v) A person whom the agency determines is not displaced as a direct result of a partial acquisition; or
(((vii)))(vi) A person who, after receiving a notice of relocation eligibility, is notified in writing that he or she will not be displaced for a project. Such written notification shall ((not))only be issued ((unless))if the person has not moved and the agency agrees to reimburse the person for any expenses incurred to satisfy any binding contractual relocation obligations entered into after the effective date of the notice of relocation eligibility as described in WAC 468-100-203 (2)(b); or
(((viii)))(vii) An owner-occupant who voluntarily sells his or her property pursuant to WAC 468-100-101 (2)(a) after being informed in writing that if a mutually satisfactory agreement ((of sale))on terms of the conveyance cannot be reached, the agency will not acquire the property. In such cases, however, any resulting displacement of a tenant is subject to the ((regulations in this part))rules in this chapter; or
(((ix)))(viii) A person who retains the right of use and occupancy of the real property for life following its acquisition by the agency; or
(((x) A person who retains the right of use and occupancy of the real property for a fixed term after its acquisition for a program or project receiving federal financial assistance from the Department of Interior; or
(xi)))(ix) An owner who retains the right of use and occupancy of the real property for a fixed term after its acquisition by the Department of Interior under Public Law 93-477, Appropriations for National Park System, or Public Law 93-303, Land and Water Conservation Fund, except that such owner remains a displaced person for purposes of subpart D of this ((code))chapter; or
(((xii)))(x) A person who is determined to be in unlawful occupancy prior to or after the initiation of negotiations, or a person who has been evicted for cause, under applicable state law, in accordance with WAC 468-100-206. However, advisory assistance may be provided to unlawful occupants at the option of the agency in order to facilitate the project; or
(((xiii)))(xi) A person who is not lawfully present in the United States and who has been determined to be ineligible for relocation assistance in accordance with WAC 468-100-208; or
(((xiv) Tenants required to move as a result of the sale of their dwelling to a person using downpayment assistance provided under the American Dream Downpayment Initiative (ADDI) authorized by Section 102 of the American Dream Downpayment Act (Pub. L., 108-186; codified at 42 U.S.C. 12821)))(xii) Temporary, daily, or emergency shelter occupants are in most cases not considered displaced persons. However, agencies may determine that a person occupying a shelter is a displaced person due to factors which could include reasonable expectation of a prolonged stay, or other extenuating circumstances. At a minimum, agencies shall provide advisory assistance to all occupants at initiation of negotiations.
(((10)))(9)Dwelling((:))means the place of permanent or customary and usual residence of a person, ((as determined by the agency)) according to local custom or law, including a single family house; a single family unit in a two-family, multifamily, or multipurpose property; a unit of a condominium or cooperative housing project; ((a nonhousekeeping unit;)) a mobile home; or any other residential unit.
(((11)))(10)Dwelling site((: The term dwelling site)) means a land area that is typical in size for similar dwellings located in the same neighborhood or rural area.
(((12)))(11)Farm operation((:))means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.
(((13) Federal))(12) Financial assistance((:))means financial funding by the way of any grant, loan, or contribution((, except a))provided by the United States or the state of Washington. It does not include any federal guarantee ((or)), insurance, or tax credits (low income housing tax credit) or any interest reduction payment to an individual in connection with the purchase and occupancy of a residence by that individual.
(((14)))(13)Household income((: The term household income)) means total gross income received for a ((twelve))12-month period from all sources (earned and unearned) including, but not limited to, wages, salary, child support, alimony, unemployment benefits, workers compensation, Social Security, or the net income from a business. It does not include income received or earned by ((dependant))dependent children ((and))under 18 years of age, or full-time students ((under eighteen years of age))who are students for at least five months of the year and are under the age of 24.
(((15)))(14)Initiation of negotiations((: Means the date of delivery of the initial written offer by the agency to the owner or the owner's representative to purchase real property for a project for the amount determined to be just compensation, unless applicable agency program regulations specify a different action to serve this purpose. However:
(a) If the agency issues a notice of its intent to acquire the real property, and a 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.
(b))), unless a different action is specified in applicable agency program regulations, means the following:
(a) Whenever the displacement results from the acquisition of the real property by an agency, the term means the delivery of the initial written offer of just compensation by the agency to the owner or the owner's representative to purchase the real property for the project. However, if the agency issues a notice of its intent to acquire, rehabilitate, or demolish the real property, and a person moves after that notice, but before delivery of the initial written purchase offer, the term means the actual move of the person from the property.
(b) Whenever the displacement is caused by rehabilitation, demolition, or privately undertaken acquisition of the real property (and there is no related acquisition by an agency), the term means the notice to the person that he or she will be displaced by the project or, if there is no notice, the actual move of the person from the property.
(c) In the case of a permanent relocation to protect the public health and welfare under the Comprehensive Environmental Response Compensation and Liability Act of 1980 (Pub. L. 96-510, or "Superfund"), the "initiation of negotiations" means the formal announcement of such relocation or the federal or federally-coordinated health advisory where the federal government later decides to conduct a permanent relocation.
(((c)))(d) In the case of permanent relocation of a tenant as a result of ((an))a voluntary acquisition of real property described in WAC 468-100-101 (2)(a)(((i) through (iii), the initiation of negotiations means the actions described in this section, except that such initiation of negotiations does not become effective, for the purposes of establishing eligibility for relocation assistance for such tenants under this part, until there is a written agreement between the agency and the owner to purchase the real property))the tenant is not eligible for relocation assistance under this part, until there is a binding written agreement between the agency and the owner that obligates the agency, without further election, to purchase the real property. Agreements such as options to purchase and conditional purchase and sale agreements are not considered a binding agreement within the meaning of this part unless such agreements satisfy the requirements of the agency providing the financial assistance or until all conditions to the agency's obligation to purchase the real property have been satisfied.
(((16)))(15)Lead agency((:))means the department of transportation ((acting through the Federal Highway Administration)).
(((17)))(16)Mobile home((: The term mobile home)), when used in this chapter, includes manufactured homes and recreational vehicles used as residences.
(((18)))(17)Mortgage((:))means any of such classes of liens as are commonly given to secure advances on, or the unpaid purchase price of, real property, under the laws of the state in which the real property is located, together with the credit instruments, if any, secured thereby.
(18) Noncitizen not lawfully present in the United States means a noncitizen who is not "lawfully present" in the United States as defined in Public Law 104-193 and includes:
(a) A noncitizen present in the United States who has not been admitted or paroled into the United States pursuant to the Immigration and Nationality Act and whose stay in the United States has not been authorized by the U.S. Secretary of Homeland Security; and
(b) A noncitizen who is present in the United States after the expiration of the period of stay authorized by the U.S. Secretary of Homeland Security or who otherwise violates the terms and conditions of admission, parole, or authorization to stay in the United States.
(19) Nonprofit organization((: The term nonprofit organization)) means an organization that is incorporated under the applicable laws of a state as a nonprofit organization((,)) and exempt from paying federal income taxes under Section 501 of the Internal Revenue Code (26 U.S.C. 501).
(20) Owner of a dwelling((:))means a person who is considered to have met the requirement to own a dwelling if the person purchases or holds any of the following interests in real property ((acquired for a project)):
(a) Fee title, a life estate, a land contract, a ((ninety-nine))99-year lease, or a lease including any options for extension((,)) with at least ((fifty))50 years to run from the date of acquisition; or
(b) An interest in a cooperative housing project which includes the right to occupy a dwelling; or
(c) A contract to purchase any of the interests or estates described in (a) or (b) of this subsection; or
(d) Any other interests, including a partial interest, which in the judgment of the agency warrants consideration as ownership.
(21) Owner's or tenant's designated representative means a representative designated by a property owner or tenant to receive all required notifications and documents from the agency. The owner or tenant must provide the agency a written notification which states that they are designating a representative, provide that person's name and contact information and what if any notices or information, the representative is not authorized to receive.
(22)Person((:))means any individual, family, partnership, corporation, or association.
(((22)))(23)Program or project((: The phrase program or project)) means any activity or series of activities undertaken by ((a federal agency or with federal financial assistance received or anticipated in any phase of any undertaking in accordance with the federal funding agency guidelines))an agency.
(((23)))(24) Reverse mortgage (also known as a home equity conversion mortgage) means a first mortgage which provides for future payments to the homeowner based on accumulated equity and which a housing creditor is authorized to make under any federal law or state Constitution, law, or regulation. See 12 U.S.C. 1715z-20 for additional information. It is a class of lien generally available to persons 62 years of age or older. Reverse mortgages do not require a monthly mortgage payment and can also be used to access a home's equity. The reverse mortgage becomes due when none of the original borrowers live in the home, if taxes or insurance become delinquent, or if the property falls into disrepair.
(25)Salvage value((:))means the probable sale price of an item, if offered for sale to knowledgeable buyers with the requirement that it will be removed from the property at the buyer's expense, (i.e., not eligible for relocation assistance). This includes items for reuse as well as items with components that can be reused or recycled when there is no reasonable prospect of sale except on this basis.
(((24)))(26)Small business((:))means any business having not more than ((five hundred))500 employees working at the site being ((required))acquired or ((permanently)) displaced by a program or project, which site is the location of economic activity. Sites ((operated))occupied solely by outdoor advertising signs, displays, or devices do not qualify as a business for purposes of WAC 468-100-303 or 468-100-306.
(((25)))(27)State((:))means any department, commission, agency, or instrumentality of the state of Washington.
(((26)))(28) Temporary, daily, or emergency shelter (shelter) means any facility, the primary purpose of which is to provide a person with a temporary overnight shelter which does not allow prolonged or guaranteed occupancy. A shelter typically requires the occupants to remove their personal property and themselves from the premises on a daily basis, offers no guarantee of reentry in the evening, and in most cases does not meet the definition of dwelling as used in this part.
(29)Tenant((:))means a person who has the temporary use and occupancy of real property owned by another.
(((27)))(30)Uneconomic remnant((:))means a parcel of real property in which the owner is left with an interest after the partial acquisition of the owner's property, and which the acquiring agency has determined has little or no value or utility to the owner.
(((28)))(31)Uniform Act((:))means the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (84 Stat. 1894; 42 U.S.C. 4601 et seq.; Pub. L. 91-646), and amendments thereto.
(((29)))(32)Unlawful occupant((:))means a person who occupies without property right, title, or payment of rent, or a person legally evicted, with no legal rights to occupy a property under state law. An agency, at its discretion, may consider such person to be in lawful occupancy for the purpose of determining eligibility for assistance under the Uniform Act.
(((30)))(33)Utility costs((: The term utility costs)) means expenses for electricity, gas, other heating and cooking fuels, water and sewer.
(((31)))(34)Utility facility((: The term utility facility means any electric, gas, water, steam power, or materials transmission or distribution system; any transportation system; any communications system, including cable television; and any fixtures, equipment, or other property associated with the operation, maintenance, or repair or any such system. A utility facility may be publicly, privately, or cooperatively owned))means:
(a) Any line, facility, or system for producing, transporting, transmitting, or distributing communications, cable, television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system; any fixtures, equipment, or other property associated with the operation, maintenance, or repair of any such system. A utility facility may be publicly, privately, or cooperatively owned.
(b) The term shall also mean the utility company including any substantially owned or controlled subsidiary. For the purposes of this part the term includes those utility-type facilities which are owned or leased by a government agency for its own use, or otherwise dedicated solely to governmental use. The term utility includes those facilities used solely by the utility which are part of its operating plant.
(((32)))(35)Utility relocation((: The term utility relocation)) means the adjustment of a utility facility required by the program or project undertaken by the ((displacing)) agency. It includes removing and reinstalling the facility, including necessary temporary facilities; ((acquiring)) necessary right of way on a new location; moving, rearranging, or changing the type of existing facilities; and taking any necessary safety and protective measures. It shall also mean constructing a replacement facility that has the functional equivalency of the existing facility and is necessary for the continued operation of the utility service, the project economy, or sequence of project construction.
(((33)))(36)Voluntary transaction((:))means the acquisition of real property without the use of eminent domain or the threat of eminent domain. A voluntary transaction may take the form of a donation, exchange, market sale, or other type of agreement entered into without compulsion on the part of the agency. The agency shall not acquire the property if negotiations fail to result in an amicable agreement.
(((34)))(37)Waiver valuation((: The term waiver valuation)) means the valuation process used and the product produced when the agency determines that an appraisal is not required, pursuant to WAC 468-100-102 appraisal waiver provisions. Waiver valuations are not appraisals as defined by the Uniform Act and this part.
Acronyms: The following acronyms are commonly used in the implementation of programs subject to this regulation.
((BCIS: Bureau of Citizenship of Immigration Service.))
DSS: Decent, safe and sanitary.
FEMA: Federal Emergency Management Agency.
FHA: Federal Housing Association.
FHWA: Federal Highway Administration.
FIRREA: Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
((HLR: Housing of last resort.))
HUD: U.S. Department of Housing and Urban Development.
MIDP: Mortgage interest differential payment.
RHP: Replacement housing payment.
((STURAA: Surface Transportation and Uniform Relocation Act Amendments of 1987.))
URA: Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.
USCIS: U.S. Citizenship and Immigration Services.
USDOT: U.S. Department of Transportation.
USPAP: Uniform Standards of Professional Appraisal Practice.
AMENDATORY SECTION(Amending WSR 89-17-048, filed 8/14/89, effective 9/14/89)
WAC 468-100-003No duplication of payments.
No person ((is entitled to))shall receive any payment under this ((chapter))part if that person receives a payment under federal, state, ((or)) local law, or insurance proceeds which is determined to have the same purpose and effect as such payment under this chapter. The agency shall avoid creating a duplication based on information obtained by the agency at the time the agency approves a payment under this chapter.
AMENDATORY SECTION(Amending WSR 06-02-068, filed 1/3/06, effective 2/3/06)
WAC 468-100-004Assurances, monitoring, and corrective action.
(1) Assurances: Prior to a state agency or local public agency commencement of any project phase that will result in real property acquisition or displacement that is subject to chapter 8.26 RCW, the agency shall prepare and adopt operating procedures. Such procedures shall:
(a) Assure that the agency will comply with chapter 8.26 RCW and this chapter;
(b) Contain specific reference to any state law which the agency believes provides an exception to RCW 8.26.180, 8.26.190, or this chapter;
(c) Include appropriate provisions to carry out this chapter in a manner that minimizes the opportunity for, and/or the appearance of, fraud, waste, and mismanagement; and
(d) Shall be prefaced by a certification that the agency will carry out its responsibilities for real property acquisition and relocation assistance in accordance with chapter 8.26 RCW and this chapter. A statement such as the following would satisfy the certification requirement:
"The agency certifies that the agency will comply with chapter 8.26 RCW and chapter 468-100 WAC in connection with the acquisition of real property for, and relocation of persons displaced by, a program or project of the agency."
The agency shall maintain a record copy of such procedures available for public review at any reasonable time and location.
(2) ((Temporary relocation: In the case of a person that will not be displaced but is required to relocate temporarily because of the project, the provisions of WAC 468-100-204(3) shall apply.
(3)))Monitoring and corrective action: The funding agency will monitor compliance with this chapter, and the acquiring agency and/or displacing agency shall take whatever corrective action is necessary to comply with chapter 8.26 RCW and this chapter. The ((funding)) agency providing financial assistance may also apply sanctions in accordance with applicable ((program)) regulations.
AMENDATORY SECTION(Amending WSR 06-02-068, filed 1/3/06, effective 2/3/06)
WAC 468-100-005Manner of notices and electronic signatures.
((Notices which the agency is required to provide))(1) Each notice that the agency is required to provide to a property owner or occupant under this chapter, except the notice described in WAC 468-100-102(2) shall be personally served or sent by certified or registered first-class mail, return receipt requested (or by companies other than the United States Postal Service that provide the same function as certified mail with return receipts), and documented in agency files. An acquiring and/or displacing agency may approve a process to permit the displaced person or property owner to voluntarily agree to receive required notices by electronic delivery in lieu of the use of certified or registered first-class mail, return receipt requested, or personally served notices, when an agency demonstrates a means to document receipt of such notices by the property owner or occupant. The agency providing financial assistance may approve a process to permit the use of electronic signature which meet the requirements of subsection (5) of this section. Where more than one agency provides financial assistance, see WAC 468-100-006.
(2) Electronic delivery of required notices. The use of electronic delivery of notices must include the following safeguards:
(a) A process to inform property owners and occupants they will continue to receive notices as described in subsection (1) of this section unless they voluntarily elect to receive electronic notices.
(b) A process to document and record when information is legally delivered in digital format. A date and timestamp must establish the date of delivery and receipt with an electronic record capable of retention.
(c) A process to link the electronic signature with an electronic document in a way that can be used to determine whether the electronic document was changed subsequent to when an electronic signature was applied to the document.
(3) Each notice shall be written in plain, understandable language. Persons who are unable to read and understand the notice must be provided with appropriate translation and counseling. Each notice shall indicate the name and telephone number of a person who may be contacted for answers to questions or other needed help. ((Notices shall be personally served or sent by registered or certified first-class mail return receipt requested and documented in the agency's files.))
(4) Designated representatives. A property owner or tenant may designate a representative to receive the written offer, required notices, correspondence, or other information and to provide any information on their behalf required by the acquiring or displacing agency by providing a written request to the agency.
(5) Electronic signatures. Use of electronic signature of documents must include the following safeguards:
(a) A process to document and record when information is legally delivered in digital format. A date and timestamp must establish the date of delivery and receipt with an electronic record capable of retention.
(b) A process to link the electronic signature with an electronic document in a way that can be used to determine whether the electronic document was changed subsequent to when an electronic signature was applied to the document.
AMENDATORY SECTION(Amending WSR 89-17-048, filed 8/14/89, effective 9/14/89)
WAC 468-100-006Administration of jointly funded projects.
Whenever two or more agencies provide financial assistance to an agency or agencies to carry out functionally or geographically related activities which will result in the acquisition of property or the displacement of a person, the funding agencies may by agreement designate one such agency as the cognizant agency. At a minimum, the agreement shall set forth the financially assisted activities which are subject to its terms and cite any policies and procedures, in addition to this chapter, that are applicable to the activities under the agreement. Under the agreement, the cognizant agency shall ((assure))ensure that the project is in compliance with the provisions of chapter 8.26 RCW and this chapter. All financially assisted activities under the agreement shall be deemed a project for the purposes of this chapter.
AMENDATORY SECTION(Amending WSR 06-02-068, filed 1/3/06, effective 2/3/06)
WAC 468-100-007Federal agency waiver of regulations.
When federal funds are provided for a project, the federal agency funding the project may, ((on a case-by-case or project basis, waive any requirement in this chapter))grant the acquiring or displacing agency a waiver of certain federal requirements that are not otherwise required by state law if it determines that the waiver does not reduce any assistance or protection provided to an owner or displaced person under this chapter. Any request for a waiver by an acquiring or displacing agency shall be justified on a case-by-case or project basis.
AMENDATORY SECTION(Amending WSR 89-17-048, filed 8/14/89, effective 9/14/89)
WAC 468-100-008Compliance with other laws and regulations.
The implementation of this chapter ((shall))must be in compliance with all applicable laws and implementing regulations((,)) including, but not limited to, the following:
(1) Section I of the Civil Rights Act of 1866 (42 U.S.C. 1982 et seq.).
(2) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
(3) ((Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended))The Fair Housing Act (42 U.S.C. 3601 et seq.), as amended.
(4) The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(5) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 790 et seq.).
(6) Executive Order 12250 - Leadership and Coordination of Non-Discrimination Laws.
(7) Executive Order 11063 - Equal Opportunity and Housing, as amended by Executive Order ((12259))12892.
(8) ((Executive Order 11246 - Equal Employment Opportunity.
(9))) Executive Order 11625 - Minority Business Enterprise.
(((10) Executive Order 12259 - Leadership and Coordination of Fair Housing in Federal Programs.
(11)))(9) The Flood Disaster Protection Act of 1973 (((Pub. L. 93-234))42 U.S.C. 4002 et seq.).
(((12)))(10) Executive Orders 11988, Flood Plain Management, and 11990, Protection of Wetlands.
(((13)))(11) The Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.).
(12) Executive Order 12630 - Governmental Actions and Interference with Constitutionally Protected Property Rights.
(13) Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. 5121 et seq.).
(14) Executive Order 12892 - Leadership and Coordination of Fair Housing in Federal Programs: Affirmatively Furthering Fair Housing.
AMENDATORY SECTION(Amending WSR 06-02-068, filed 1/3/06, effective 2/3/06)
WAC 468-100-009Recordkeeping and reports.
(1) Records: The agency shall maintain adequate records of its acquisition and displacement activities in sufficient detail to demonstrate compliance with this chapter. These records shall be retained for at least three years after each owner of a property and each person displaced from a property receives the final payment to which the person is entitled under this chapter.
(2) Confidentiality of records: Records maintained by an agency in accordance with this chapter are confidential regarding their use as public information, unless applicable law provides otherwise.
(3) Reports: ((The agency shall submit a report of its real property acquisition and displacement activities under this chapter if required by the federal agency funding the project. A report will not be required more frequently than every three years, or as the Uniform Act provides, unless the funding agency shows good cause))Each agency using federal funds that has programs or projects requiring the acquisition of real property or causing a displacement from real property subject to the provisions of the Uniform Act must provide to the Federal Highway Administration an annual summary report by November 15th that describes the real property acquisitions, displacements, and related activities conducted by the agency for the prior calendar year.
AMENDATORY SECTION(Amending WSR 06-02-068, filed 1/3/06, effective 2/3/06)
WAC 468-100-010Appeals.
The ((displacing)) agency shall promptly review appeals in accordance with the requirements of applicable law and this chapter.
(1) Actions which may be appealed: A person may file written notice of an appeal with the ((displacing)) agency in any case in which the person believes that the agency has failed to properly determine the person's eligibility for, or the amount of, a payment required under WAC 468-100-105 or RCW 8.26.200, or a relocation payment and entitlement required under this chapter.
(2) Limitations: A person is entitled to only such benefits as are specifically delineated in this chapter. If a person chooses to be represented by legal counsel or other representative in connection with his or her appeal, it is solely at the person's own expense.
(3) Form of notice:((The displacing agency shall consider a written appeal regardless of form. The))Each displacing or acquiring agency shall create procedures for appealing actions under subsection (1) of this section. At a minimum, appeals shall be in writing and the appeal notice or letter ((should))must state what issues are being claimed, the reasons why the aggrieved person believes the claim should be allowed, and how the person believes he or she is otherwise aggrieved. The letter or notice should clearly identify the ((displacing)) agency's project and parcel of real property involved ((and should)). It must bear the signature and address of the aggrieved person or the person's authorized representative. ((The displacing agency may refuse to))If the aggrieved person's letter or notice of appeal is incomplete or otherwise does not conform with agency appeal procedures, the agency shall notify the person that it cannot schedule any review or hearing on an appeal until these requirements have been ((complied with or may issue))met. Finally, an order may be issued providing for dismissal of ((such))the appeal based upon the aggrieved person's failure to comply ((within a reasonable time specified by the agency))with the agency's appeal procedures.
(4) Time limit for initiating appeal: The time limit shall be ((sixty))60 days after the person receives written notification of the agency's determination on the person's claim.
(5) Review of files by person making appeal: The ((displacing)) agency shall permit a person to inspect and copy all materials pertinent to the person's appeal, except materials which are classified as confidential by the agency. The agency may, however, impose reasonable conditions on the person's right to inspect, consistent with applicable laws.
(6) Hearing process: Except as they may be inconsistent with the rules of this chapter, the department of transportation adopts the practice and procedure rules as set forth in chapter 468-10 WAC for appeals under this chapter. Where the rules of this chapter conflict with those of chapter 468-10 or 10-08 WAC, the rules of this chapter shall govern.
(7) Discovery: Discovery will be available in relocation appeals as follows: Any party to a relocation appeal may obtain discovery from any party by written interrogatories, written admissions, oral depositions, subpoena duces tecums, and written requests for production of documents. The procedures regarding these methods of discovery are found at CR 28 through 36 and 45(b) as now or hereafter amended and are hereby incorporated in this section.
AMENDATORY SECTION(Amending WSR 06-02-068, filed 1/3/06, effective 2/3/06)
WAC 468-100-101Applicability of acquisition requirements.
General:
(1) Except as provided in subsection (2) of this section, the requirements of RCW 8.26.180 through 8.26.200 apply to any agency acquisition of real property for a program or project where the agency's program or project is carried out under threat of eminent domain including amicable agreements. ((Whether or not the acquiring agency has or intends to use the power of eminent domain,))The requirements of RCW 8.26.180 through 8.26.200 also apply to any project or program where there is an intended, planned, or designated project area, and all, or substantially all, of the property within that area is eventually intended to be acquired, whether the agency has or intends to use the power of eminent domain. The relocation assistance provisions in this chapter are not applicable to owner-occupants who move as a result of a voluntary acquisition. The relocation assistance provisions in this part are applicable to tenants who must permanently relocate as a result of an acquisition described in subsection (2)(a) through (b) of this section. Such tenants are considered displaced persons.
(2) Provided it does not conflict with subsection (1) of this section, an agency may determine that the requirements of RCW 8.26.180 through 8.26.200 do not apply to:
(a) Voluntary transactions (defined in WAC 468-100-002(((33)))(36)) ((if all of the following conditions are present))that meet the following conditions:
(i) ((No specific site or property needs to be acquired, although the agency may limit its search for alternative sites to a general geographic area.
(ii) The property to be acquired is not part of an intended, planned, or designated project area where all, or substantially all, of the property within the area is eventually to be acquired.
(iii) The agency will not acquire the property in the event negotiations fail to result in an amicable agreement, and the owner is so informed in writing.
(b) The acquisition of real property from a federal, state, or local public agency, if the acquiring agency does not have the authority to acquire the property through condemnation.
(3) In those situations where an agency wishes to purchase more than one site within a geographic area on a "voluntary transaction" basis, all owners shall be treated similarly.))The agency provides written notice, no later than the time of the offer, informing the owner, or owner's representative, of the property's estimated fair market value and that the acquisition process will terminate if agreement cannot be reached;
(ii) The agency will not be using eminent domain to acquire the property;
(iii) The agency will be treating all owners similarly if seeking to purchase more than one property within a general geographic area; and
(iv) The property is not part of an intended, planned, or designated project area where all, or substantially all, of the property within the area must be acquired within specific time limits.
(b) Agencies with no condemnation authority. The acquiring agency lacks authority to acquire the property through condemnation.
(c) Acquisition by a cooperative. The acquisition of real property by a cooperative from a person who, as a condition of membership in the cooperative, has agreed to provide without charge any real property that is needed by the cooperative.
(3) Less than full fee interest in real property.
(a) The provision of this part applies when acquiring fee title subject to retention of a life estate or a life use; to acquisition by leasing where the lease term, including option(s) for extension, is 50 years or more; and, to the acquisition of permanent and/or temporary easements necessary for the project. However, the agency may apply the regulations in this subpart to any less-than-full-fee acquisition that, in its sole judgment and discretion, should be covered.
(b) The provisions of this subpart do not apply to temporary easements or permits needed solely to perform work intended exclusively for the benefit of the property owner, which work may not be done if agreement cannot be reached.
AMENDATORY SECTION(Amending WSR 07-21-057, filed 10/11/07, effective 11/11/07)
WAC 468-100-102((Criteria for appraisals.))Basic acquisition policies.
(((1) Standards of appraisal: The format and level of documentation for an appraisal depend on the complexity of the appraisal problem. The agency shall develop minimum standards for appraisals consistent with established and commonly accepted appraisal practice for those acquisitions which, by virtue of their low value or simplicity, do not require the in-depth analysis and presentation necessary in a detailed appraisal. A detailed appraisal shall be prepared for all other acquisitions. A detailed appraisal shall reflect nationally recognized appraisal standards. An appraisal must contain sufficient documentation, including valuation data and the appraiser's analysis of that data, to support the appraiser's opinion of value. At a minimum, the appraisal shall contain the following items:
(a) The purpose and/or the function of the appraisal, a definition of the estate being appraised, and a statement of the assumptions and limiting conditions affecting the appraisal.
(b) An adequate description of the physical characteristics of the property being appraised (and, in the case of a partial acquisition, an adequate description of the remaining property), including items identified as personal property, a statement of the known and observed encumbrances if any, title information, location, zoning, present use, an analysis of highest and best use, and at least a five-year sales history of the property.
(c) All relevant and reliable approaches to value consistent with commonly accepted professional appraisal practices. When sufficient market sales data are available to reliably support the fair market value for the specific appraisal problem encountered, the agency, at its discretion, may require only the market approach. If more than one approach is utilized, there shall be an analysis and reconciliation of approaches to value that are sufficient to support the appraiser's opinion of value.
(d) A description of comparable sales, including a description of all relevant physical, legal, and economic factors such as parties to the transaction, source and method of financing, and verification by a party involved in the transaction.
(e) A statement of the value of the real property to be acquired and, for a partial acquisition, a statement of the value of the damages and benefits, if any, to the remaining real property.
(f) The effective date of valuation, date of appraisal, signature, and certification of the appraiser.
(2) Influence of the project on just compensation. To the extent permitted by applicable law, the appraiser in his "before" valuation shall disregard any decrease or increase in the fair market value of the real property caused by the project for which the property is to be acquired, or by the likelihood that the property would be acquired for the project, other than that due to the physical deterioration within the reasonable control of the owner.
(3) Owner retention of improvements: If the owner of a real property improvement agrees and is permitted to obtain the right to remove it in whole or in part from the project site, the amount to be offered for the interest in the real property to be acquired shall be the amount determined to be just compensation for the owner's entire interest in the real property. The salvage value (defined in WAC 468-100-002(23)) of the improvement to be removed shall be deducted from the agency's payment.
(4) Qualifications of appraisers: The agency shall establish criteria for determining the minimum qualifications of appraisers. Appraiser qualifications shall be consistent with the level of difficulty of the appraisal assignment. The agency shall review the experience, education, training, and other qualifications of appraisers, including review appraisers, and utilize only those determined to be qualified.
(5) Conflict of interest: No appraiser or review appraiser shall have any interest, direct or indirect, in the real property being appraised for the agency that would in any way conflict with the preparation or review of the appraisal. Compensation for making an appraisal shall not be based on the amount of the valuation.
No person shall attempt to unduly influence or coerce an appraiser, review appraiser, or waiver valuation preparer regarding any valuation or other aspect of an appraisal, review or waiver valuation. Persons functioning as negotiators may not supervise or formally evaluate the performance of any appraiser or review appraiser performing appraisal or appraisal review work.
No appraiser shall act as a negotiator for real property which that person has appraised, except that the agency may permit the same person to both appraise and negotiate an acquisition where the value of the acquisition is ten thousand dollars, or less.))This chapter sets forth requirements for acquiring real property for programs or projects which real property is required to construct, operate, and maintain the program or project.
(1) Expeditious acquisition. The agency shall make every reasonable effort to acquire the real property expeditiously by negotiation.
(2) Notice to owner. As soon as feasible, the agency shall notify the owner in writing of the agency's interest in acquiring the real property and shall provide the owner information regarding the basic protections provided by law and this section.
In the case of a condominium, common interest community, or other types of housing with common or community areas, notification must be provided to the appropriate parties as stated in the declaration. The appropriate parties could be a condominium, unit, or homeowner's association board, a designated representative, or all individual property owners when common or community held property is being acquired for a project.
(3) Establishment and offer of just compensation. Before the initiation of negotiations, the agency shall establish an amount which it believes is just compensation for the real property. The amount shall not be less than the approved appraisal or waiver valuation of the fair market value of the property, taking into account the value of allowable damages or benefits to any remaining property. An agency official must establish the amount believed to be just compensation. Promptly thereafter, the agency shall make a written offer to the owner or the designated owner's representative to acquire the property for the full amount believed to be just compensation.
(4) Summary statement. Along with the initial written purchase offer required in subsection (3) of this section, the owner or the designated owner's representative shall be given a written statement of the basis for the offer of just compensation, which must include:
(a) A statement of the amount offered as just compensation. In the case of a partial acquisition, the compensation for the real property to be acquired and the compensation for the damages, if any, to the remaining real property shall be separately stated.
(b) A description and location identification of the real property and the interest of the real property to be acquired.
(c) An identification of the buildings, structures, and other improvements (including removable building equipment and trade fixtures) which are included as part of the offer of just compensation. Where appropriate, the statement shall identify any other separately held ownership interest in the property, e.g., a tenant-owned improvement, and indicate that such interest is not covered by this offer.
(5) Basic negotiation procedures. The agency shall make all reasonable efforts to contact the owner or the owner's designated representative and discuss its offer to purchase the property, including the basis for the offer of just compensation and explain its acquisition policies and procedures, including the payment of incidental expenses in accordance with WAC 468-100-107. The owner shall be given a reasonable opportunity to consider the offer and present material which the owner believes is relevant to determining the value of the property and to suggest modification of the proposed terms and conditions of the purchase. The agency shall consider the owner's or the designated owner's representative's presentation.
(6) Updating the offer of just compensation. If the information presented by the owner, or a material change in the character or condition of the property, indicates the need for a new appraisal(s) or waiver valuation, or if a significant delay has occurred since the time of the appraisal(s) or waiver valuation of the property, the agency shall have the appraisal(s) or waiver valuation updated or obtain a new appraisal(s) or waiver valuation. If the latest appraisal or waiver valuation information indicates that a change in the purchase offer is warranted, the agency shall promptly reestablish just compensation and offer that amount to the owner in writing.
(7) Coercive action. The agency shall not advance the time of condemnation, or defer negotiations or condemnation, or the deposit of funds into the court, or take any other coercive action to induce an agreement on the price of the property to be paid.
(8) Administrative settlement. The purchase price for the property may exceed the amount offered as just compensation when reasonable efforts to negotiate an agreement at that amount have failed and an authorized agency official approves such administrative settlement as being reasonable, prudent, and in the public interest. A written justification shall be prepared, which states what available information, including trial risks, supports such a settlement.
(9) Payment before taking possession. Before requiring the owner to surrender possession of the real property, the agency shall pay the agreed purchase price to the owner, or in the case of a condemnation, deposit with the court, for the benefit of the owner, an amount not less than the agency's approved appraisal of the fair market value of such property, or the court award of compensation in the condemnation proceeding for the property.
In exceptional circumstances, such as an emergency project, when there is no time to make an appraisal and offer, with the prior approval of the owner or the owner's designated representative, the agency may obtain a right-of-entry for construction purposes before making payment available to an owner.
(10) Uneconomic remnant. If the acquisition of only a portion of a property would leave the owner with an uneconomic remnant, the agency shall offer to acquire the uneconomic remnant along with the portion of the property needed for the project.
(11) Inverse condemnation. If the agency intends to acquire any interest in real property by exercise of the power of eminent domain, it shall institute formal condemnation proceedings and not intentionally make it necessary for the owner to institute legal proceedings to prove the fact of the taking of the real property.
(12) Fair rental. If the agency permits a former owner or tenant to occupy the real property after acquisition for a short term, or a period subject to termination by the agency on short notice, the rent shall not exceed the fair market rent for such occupancy.
(13) Conflict of interest. Persons functioning as a negotiator shall not supervise the valuation professional, except as provided for in WAC 468-100-103(5).
AMENDATORY SECTION(Amending WSR 89-17-048, filed 8/14/89, effective 9/14/89)
WAC 468-100-103((Review of appraisals.))Criteria for valuations.
((The agency shall have an appraisal review process and, at a minimum:
(1) A qualified reviewing appraiser shall examine all appraisals to assure that they meet applicable appraisal requirements and shall, prior to acceptance, seek necessary corrections or revisions. The qualifications of the appraiser for each case depend on the complexity of the appraisal problem. The review appraiser shall determine whether the appraiser's documentation, including valuation data and analyses of that data, demonstrates the soundness of the appraiser's opinion of value.
(2) If the reviewing appraiser is unable to approve or recommend approval of an appraisal as an adequate basis for the estimate of just compensation, and it is determined that it is not practical to obtain an additional appraisal, the reviewing appraiser may develop appraisal documentation in accordance with WAC 468-100-102 to support an approved or recommended value. The agency may determine whether a second review is needed if the first review appraiser establishes a value different from that in the appraisal report(s) on the property.
(3) The review appraiser's certification of the recommended or approved value of the property shall be set forth in a signed statement which identifies the appraisal reports reviewed and explains the basis for such recommendation or approval. Any damages or benefits to any remaining property shall also be identified in the statement. The level of explanation by the review appraiser depends on the complexity of the appraisal problem. The agency may accept a simple approval endorsement by the review appraiser in the case of a low value property requiring an uncomplicated valuation process.))(1) Standards of appraisals, appraisal reviews, and waiver valuations: The agency acquiring real property has a legitimate role in contributing to the valuation process, especially in developing the scope of work and defining the valuation problem. The scope of work, format, and level of documentation for an appraisal, or other valuation, under this section depends on the complexity of the valuation problem. This part sets forth minimum standards for appraisals and appraisal reviews consistent with established, commonly accepted, and nationally recognized appraisal practice. In line with 49 C.F.R. 24.102 (c)(2), the lead agency shall develop minimum standards for waiver valuations for acquisitions which, have a low value and uncomplicated valuation problem, and therefore, do not require the in-depth analysis and presentation necessary in an appraisal. An appraisal and appraisal review shall be prepared for all other acquisitions, unless the owner is donating the property and releases the agency from its obligation to appraise the property.
(a) An appraisal must contain sufficient documentation, including valuation data and the appraiser's analysis of that data, to support the appraiser's opinion of value. At a minimum, the appraisal shall contain the following items:
(i) The purpose and/or the function of the appraisal, a definition of the estate being appraised, and a statement of the assumptions and limiting conditions affecting the appraisal.
(ii) An adequate description of the physical characteristics of the property being appraised (and, in the case of a partial acquisition, an adequate description of the remaining property), a statement of the known and observed encumbrances, if any, title information, location, zoning, present use, an analysis of highest and best use, and at least a five-year sales history of the property.
(iii) All relevant and reliable approaches to value consistent with commonly accepted professional appraisal practices. When supported by market data, the agency, at its discretion, may accept an appraisal report using only one approach to value. If more than one approach is utilized, there shall be an analysis and reconciliation of approaches to value that are sufficient to support the appraiser's opinion of value.
(iv) A description of comparable sales, including a description of all relevant physical, legal, and economic factors such as parties to the transaction, source and method of financing, and verification by a party involved in the transaction.
(v) A statement of the value of the real property to be acquired and, for a partial acquisition, a statement of the value of the damages and benefits, if any, to the remaining real property, where appropriate.
(vi) The effective date of valuation, date of appraisal, signature, and certification of the appraiser.
(vii) Documentation that the owner, or the owner's designated representative, was given an opportunity to accompany the appraiser during the appraiser's inspection of the property.
(viii) Identification of items of personalty in the acquisition area and whether they are owner- or tenant-owned. Items of realty should also be labeled as owner- or tenant-owned.
(ix) The appraiser identifies and recommends the existence of an uneconomic remnant, if applicable, and the appraisal report shall indicate a value for the uneconomic remnant as well as the acquisition area.
(x) If there is a displacement of an owner or tenant, the short-term fair market rental rate for the property shall be identified in the appraisal.
(b) The agency shall have an appraisal review process and, at a minimum:
(i) A qualified review appraiser shall examine all appraisals to ensure that they meet applicable appraisal requirements and shall, prior to acceptance, seek necessary corrections or revisions. The review appraiser shall determine whether the appraiser's documentation, including valuation data and analyses of that data, demonstrates the soundness of the appraiser's opinion of value. The review appraiser shall identify each appraisal report as recommended (as the basis for the establishment of the amount believed to be just compensation), accepted (meets all requirements, but not selected as recommended or approved), or not accepted.
(ii) If the review appraiser is unable to approve or recommend approval of an appraisal as an adequate basis for the estimate of just compensation, and it is determined that it is not practical to obtain an additional appraisal, the reviewing appraiser may develop appraisal documentation in accordance with (a) of this subsection to support an approved or recommended value. The agency may determine whether a second review is needed if the first review appraiser establishes a value different from that in the appraisal report(s) on the property.
(iii) The review appraiser shall prepare a written report that identifies the appraisal reports reviewed and documents the findings and conclusions arrived at during the review of the appraisal(s). Any damages or benefits to any remaining property shall be identified. The review appraiser shall also prepare a signed certification that states the parameters of the review, the approved or recommended value and, if the review appraiser is authorized to do so, the amount believed to be just compensation for the acquisition.
(iv) The review appraiser will identify and recommend the existence of an uneconomic remnant, if applicable.
(2) Influence of the project on just compensation: The appraiser shall disregard any decrease or increase in the fair market value of the real property caused by the project for which the property is to be acquired, or by the likelihood that the property would be acquired for the project, other than that due to the physical deterioration within the reasonable control of the owner.
(3) Owner retention of improvements: If the owner of a real property improvement is permitted to obtain the right to remove it in whole or in part from the project site, the amount to be offered for the interest in the real property to be acquired shall not be less than the difference between the amount determined to be just compensation for the owner's interest in the real property and the salvage value of the retained improvement. The salvage value (defined in WAC 468-100-002(25)) of the improvement to be removed shall not be included in the agency's payment.
(4) Qualifications of appraisers, review appraisers, and waiver valuation preparers:
(a) The funding agency shall establish criteria for determining the minimum qualifications and competencies of appraisers and review appraisers. Qualifications shall be consistent with the scope of work for the assignment. The agency shall review the experience, education, training, certification/licensing, designations and other qualifications of appraisers and review appraisers, and use only those determined by the agency to be qualified.
(b) If the agency uses a contract (fee) appraiser or appraisal reviewer to perform the appraisal or review, such person shall be a state-certified residential real estate appraiser or a state-certified general real estate appraiser through the Washington state department of licensing.
(c) The person performing the waiver valuation must have sufficient understanding of the local real estate market to be qualified to perform the waiver valuation. The agency representative making the determination to use the waiver valuation option must understand valuation principles, techniques, and use of appraisals to be able to determine whether the valuation of the proposed acquisition is uncomplicated and has a low fair market value.
(5) Conflict of interest: The appraiser, review appraiser, or waiver valuation preparer shall not have any interest, direct or indirect, in the real property being valued for the agency. Compensation for developing an appraisal or waiver valuation shall not be based on the reported opinion of value.
No person shall attempt to unduly influence or coerce an appraiser, review appraiser, or waiver valuation preparer regarding any valuation or other aspect of an appraisal, appraisal review, or waiver valuation. Persons functioning as negotiators may not supervise or formally evaluate the performance of any appraiser, review appraiser, or waiver valuation preparer performing valuation work.
An appraiser, review appraiser, or waiver valuation preparer may be authorized by the agency to act as a negotiator for acquisition of real property for which that person has performed a valuation, only if the offer to acquire the property is $15,000, or less. Agencies who wish to use this same authority at a higher dollar threshold must comply with 49 C.F.R. 24.102 (n)(3)(i), (ii), and (iii) and 49 C.F.R. 24.102 (n)(4).
(6) Delays in offering just compensation or other changes: An update to the valuation, or an entirely new valuation, may be needed if a significant delay has occurred since the time of the valuation or if new information or changes to the property are evident.
AMENDATORY SECTION(Amending WSR 06-02-068, filed 1/3/06, effective 2/3/06)
WAC 468-100-104Acquisition of tenant-owned improvements.
(1) Acquisition of improvements: When acquiring any interest in real property, the agency shall offer to acquire at least an equal interest in all buildings, structures, or other improvements located upon the real property to be acquired, which the agency requires to be removed or which the agency determines will be adversely affected by the use to which such real property will be put. This shall include any improvement ((of))owned by a tenant-owner who has the right or obligation to remove the improvement at the expiration of the lease term.
(2) Improvements considered to be real property: Any building, structure, or other improvement, which would be considered to be real property if owned by the owner of the real property on which it is located, shall be considered to be real property for purposes of WAC 468-100-101 through 468-100-106.
(3) ((Appraisal))Valuation and establishment of just compensation for a tenant-owned ((realty)) improvement((s)): Just compensation for a tenant-owned ((realty)) improvement is the amount which the improvement contributes to the fair market value of the whole property or its salvage value, whichever is greater. (Salvage value is defined in WAC 468-100-002(((23)))(25).)
(4) Special conditions for tenant-owned improvements: No payment shall be made to a tenant-owner ((to acquire))for any real property improvement ((or relocate any tenant-owned real estate fixture)) unless:
(a) The ((owner of the real property on which the improvement is located disclaims all interest in the tenant's realty improvement or fixture))tenant-owner, in consideration for the payment, assigns, transfers, and releases to the agency all of the tenant-owner's right, title, and interest in the improvement; and
(b) The ((tenant-owner, in consideration for the acquisition payment, assigns, transfers, and releases to the agency all of the tenant-owner's right, title, and interest in the realty))owner of the real property on which the improvement is located disclaims all interest in the improvement; and
(c) The payment does not result in the duplication of any compensation otherwise authorized by law.
(5) Alternative compensation: Nothing in WAC 468-100-101 through ((468-100-106))468-100-107 shall be construed to deprive the tenant-owner of any right to reject payment under WAC 468-100-101 through ((468-100-106))468-100-107 and to obtain payment for such property interests in accordance with other applicable law.
AMENDATORY SECTION(Amending WSR 89-17-048, filed 8/14/89, effective 9/14/89)
WAC 468-100-105Certain litigation expenses.
The owner of the real property shall be reimbursed for any reasonable expenses, including reasonable attorney, appraisal, engineering fees, and expert witness fees, which the owner actually incurred because of a condemnation proceeding((;))if:
(1) The final judgment of the court is that the agency cannot acquire the real property by condemnation; or
(2) The condemnation proceeding is abandoned by the agency other than under an agreed-upon settlement; or
(3) The court having jurisdiction renders a judgment in favor of the owner in an inverse condemnation proceeding or the agency effects a settlement of such proceeding; or
(4) Pursuant to RCW 8.25.020 ((and)), 8.25.070, 8.25.075, and 8.26.210.
AMENDATORY SECTION(Amending WSR 89-17-048, filed 8/14/89, effective 9/14/89)
WAC 468-100-106Donations.
((Nothing in this chapter shall prevent a person, after being informed of the right to receive just compensation based on an appraisal of the real property, from making a gift or donation of real property or any part thereof, or any interest therein, or of any compensation paid therefor, to the agency. The agency shall obtain an appraisal of the real property and offer the full amount of just compensation due unless the owner, after being fully informed of such policy, releases the agency from these obligations. An appraisal is not required if the agency determines that an appraisal is unnecessary because the valuation problem is uncomplicated and the fair market value is estimated at two thousand five hundred dollars or less, based on a review of available data.))An owner whose real property is being acquired may, after being fully informed by the agency of the right to receive just compensation for such property, donate such property or any part thereof, any interest therein, or any compensation paid therefore, to the agency as such owner shall determine. The agency is responsible for ensuring that an appraisal of the real property is obtained unless the owner releases the agency from such obligation, except as provided in WAC 468-100-103.
NEW SECTION
WAC 468-100-107Expenses incidental to transfer of right, title, or interest to the acquiring agency.
(1) As soon as practicable after the date of payment of the purchase price or the date of deposit in court of the funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is earlier, the acquiring agency shall reimburse the owner, to the extent the acquiring agency deems fair and reasonable for expenses the owner necessarily incurred for:
(a) Recording fees, transfer taxes, evidence of title, boundary surveys, legal descriptions of the real property, and similar expenses incidental to conveying the real property to the agency. However, the agency is not required to pay costs solely required to perfect the owner's title to the real property;
(b) Penalty costs and other charges for prepayment of any preexisting recorded mortgage entered into in good faith encumbering the real property; and
(c) The pro rata portion of any prepaid real property taxes which are allocable to the period after the agency obtains title to the property or effective possession of it, whichever is earlier.
(2) Whenever feasible, the agency shall pay these costs directly to the billing agent so that the owner will not have to pay such costs and then seek reimbursement from the agency.
AMENDATORY SECTION(Amending WSR 06-02-068, filed 1/3/06, effective 2/3/06)
WAC 468-100-202Applicability.
(1) These requirements apply to the relocation of any permanently or temporarily displaced person as defined in WAC 468-100-002(((9)))(8). Any person who qualifies as a permanently or temporarily displaced person must be fully informed of his or her rights and entitlements to relocation assistance and payments provided by the Uniform Act and ((regulations))this chapter.
(2) Persons required to move temporarily.
(a) Appropriate notices must be provided in accordance with WAC 468-100-203 and appropriate advisory services must be provided in accordance with WAC 468-100-205;
(b) For persons occupying a dwelling, at least one comparable dwelling is made available prior to requiring a person to move, except in the case of an emergency move, as described in WAC 468-100-204 (2)(a), (b), or (c);
(c) Similarly, if a person's business will be shut down due to a project which either requires the occupant to vacate the property or which denies physical access to the property, it may be temporarily relocated and/or reimbursed for all reasonable out-of-pocket expenses or must be determined to be permanently displaced at the agency's option;
(d) Payment is provided for all out-of-pocket expenses incurred in connection with the temporary relocation as the agency determines to be reasonable and necessary, associated with comparable replacement dwelling, and incidental to selecting a temporary comparable replacement dwelling. Such payments may include the reasonable and necessary costs of temporarily moving personal property from the real property and returning to the real property. Storage of the personal property may be allowed when approved by the displacing agency;
(e) A person's temporary move from their dwelling or business for the project may not exceed 12 months. The agency must contact any person who has temporarily moved from their dwelling or business when that temporary move has lasted for a period beyond 12 months because that person is considered permanently displaced as described in WAC 468-100-002 (8)(a). The agency shall offer such eligible persons all new and additional required relocation assistance benefits and services for permanently displaced persons. An agency may not deduct any temporary relocation assistance benefits previously provided when determining permanent relocation benefits eligibility; and
(f) A person who is not lawfully present in the United States and who has been determined to be ineligible for relocation assistance in accordance with WAC 468-100-208 is not eligible for temporary relocation assistance unless such denial of benefits would create an extremely unusual hardship to a designated family member in accordance with WAC 468-100-208(8).
AMENDATORY SECTION(Amending WSR 06-02-068, filed 1/3/06, effective 2/3/06)
WAC 468-100-203Relocation notices.
Written notices shall be furnished as required by WAC 468-100-005.
(1) General information notice: As soon as feasible, a person ((scheduled to be))who may be permanently or temporarily displaced shall be furnished with a general written description of the agency's relocation program which does at least the following:
(a) Informs the person that the person may be displaced (or, if appropriate, required to move temporarily) for the project and generally describes the relocation payment(s) for which the person may be eligible, the basic conditions of eligibility, and the procedures for obtaining the payment(s)((.));
(b) Informs the permanently or temporarily displaced person that ((the person))he or she will be given reasonable relocation advisory services, including referrals to replacement properties, help in filing payment claims, and other necessary assistance to help the person successfully relocate((.));
(c) Informs the permanently or temporarily displaced person that ((the person))he or she will not be required to move without at least ((ninety))90 days' advance written notice (see subsection (3) of this section), and informs any person to be displaced from a dwelling, either permanently or temporarily, that the person cannot be required to move ((permanently)) unless at least one comparable replacement dwelling has been made available((.));
(d) Informs the permanently or temporarily displaced person that any person who is a noncitizen not lawfully present in the United States is ineligible for relocation advisory services and relocation payments under this part, unless such ineligibility would result in exceptional and extremely unusual hardship to a qualifying spouse, parent, or child, pursuant to WAC 468-100-208(8); and
(e) Describes the displaced person's right to appeal the agency's determination as to eligibility for, or the amount of, any relocation payment for which the person may be eligible.
(2) Notice of relocation eligibility:
(a) Eligibility for relocation assistance shall begin on the earliest of: The date of a notice of intent to acquire, rehabilitate, and/or demolish (defined in ((WAC 468-100-203))subsection (4) of this section); or, the initiation of negotiations (defined in WAC 468-100-002(((15)))(14)); or, the date that an agreement for voluntary acquisition becomes binding (defined in WAC 468-100-002(36)); or actual acquisition((, whichever occurs first)). When this occurs, the agency shall promptly notify all occupants in writing of their eligibility for applicable relocation assistance in accordance with WAC 468-100-005.
(b) An occupant may ((subsequently)) be provided a notice of noneligibility if the agency determines the person will not be displaced. Such notice may be issued only if the person has not moved and the agency agrees to reimburse the person for any expenses incurred to satisfy any binding contractual relocation obligations entered into after the effective date of the notice of relocation eligibility.
(3) Ninety-day notice:
(a) General: No lawful occupant shall be required to move unless the occupant has received at least ((ninety))90- days advance written notice of the earliest date by which he or she may be required to move.
(b) Timing of notice: The ((displacing)) agency ((may))must issue the notice ((ninety))at least 90 days before it expects the person to be displaced ((or earlier))unless an urgent need exists (as provided in (d) of this subsection).
(c) Content of notice: The ((ninety))90-day notice shall either state a specific date as the earliest date by which the occupant may be required to move, or state that the occupant will receive a further notice indicating, at least ((thirty))30 days in advance, the specific date by which the occupant must move. If the ((ninety))90-day notice is issued before a comparable replacement dwelling is made available, the notice must state clearly that the occupant will not have to move earlier than ((ninety))90 days after such a dwelling is made available. (See WAC 468-100-204(1).)
(d) ((Informs the person that any person who is an alien not lawfully present in the United States is ineligible for relocation advisory services and relocation payments, unless such ineligibility would result in exceptional and extremely unusual hardship to a qualifying spouse, parent, or child, as defined in WAC 468-100-208(8).
(e)))Urgent need: In unusual circumstances, an occupant may be required to vacate the property on less than ((ninety))90-days advance written notice if the agency determines that a ((ninety))90-day notice is impracticable, such as when the person's continued occupancy of the property would constitute a substantial danger to health or safety. A record of the agency's determination shall be included in the applicable case file and in the notice to the person being displaced.
(4) Notice of intent to acquire, rehabilitate, and/or demolish: A notice of intent to acquire ((is a displacing)), rehabilitate, and/or demolish is an agency's written communication that is provided to a person to be permanently or temporarily displaced, ((including those to be displaced by rehabilitation or demolition activities from property acquired prior to the commitment of federal financial assistance to the activity,)) which clearly sets forth that the agency intends to acquire, rehabilitate, and/or demolish the property. A notice of intent to acquire, rehabilitate, and/or demolish establishes eligibility for relocation assistance prior to the initiation of negotiations and/or prior to the commitment of federal financial assistance to the activity.
AMENDATORY SECTION(Amending WSR 06-02-068, filed 1/3/06, effective 2/3/06)
WAC 468-100-204Availability of comparable replacement dwelling before displacement.
(1) General: No person to be permanently displaced shall be required to move from the person's dwelling unless at least one comparable replacement dwelling (defined in WAC 468-100-002(((6)))(5)) has been made available to the person. Information on comparable replacement dwellings that were used in the determination process must be provided to permanently displaced persons. When possible, three or more comparable replacement dwellings shall be made available. A comparable replacement dwelling will be considered to have been made available to a person, if:
(a) The person is informed in writing of its location; and
(b) The person has sufficient time to negotiate and enter into a purchase or lease agreement for the property; and
(c) Subject to reasonable safeguards, the person is assured of receiving the relocation assistance and acquisition payment to which the person is entitled in sufficient time to complete the purchase or lease of the property.
(((1) Policy: Three or more comparable replacement dwellings shall be made available unless such numbers are not available on the local housing market. When otherwise feasible, in accordance with WAC 468-100-205 (3)(b)(iii) and 468-100-403 (1)(d), comparable replacement dwellings to be made available to minority persons may include dwellings not located in an area of minority concentration. A comparable replacement dwelling will be considered to have been made available to a person, if:
(a) The person is informed of its location; and
(b) The person has sufficient time to negotiate and enter into a purchase agreement or lease for the property; and
(c) Subject to reasonable safeguards, the person is assured of receiving the relocation assistance and acquisition payment to which the person is entitled in sufficient time to complete the purchase or lease of the property.))
(2) Circumstances permitting waiver: The funding agency may grant a waiver of the policy in subsection (1) of this section in any case where it is demonstrated that a person must move because of:
(a) A major disaster as defined in Section 102(((c))) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. 5122); or
(b) A presidentially declared national emergency; or
(c) Another emergency which requires immediate vacation of the real property, such as when continued occupancy of the displacement dwelling constitutes a substantial danger to the health or safety of the occupants or the public.
(3) Basic conditions of emergency move: Whenever a person to be displaced is required to ((relocate))move from the displacement dwelling for a temporary period because of an emergency as described in subsection (2) of this section, ((for purposes of filing a claim and meeting the eligibility requirements for a relocation payment, the date of displacement is the date the person moves from the temporarily-occupied dwelling.))the agency shall:
(a) Take whatever steps are necessary to assure that the person who is required to move from their dwelling is ((temporarily)) relocated to a decent, safe and sanitary dwelling;
(b) Pay the actual reasonable out-of-pocket moving expenses and any reasonable increase in rent and utility costs incurred in connection with the ((temporary relocation))emergency move; and
(c) Make available to the displaced person as soon as feasible, at least one comparable replacement dwelling. (For purposes of filing a claim and meeting the eligibility requirements for a relocation payment, the date of displacement is the date the person moves from their dwelling due to the emergency.)
(d) Inform the person ((is entitled to be heard))of the right to appeal the action according to WAC 468-100-010 ((in the event of a grievance)).
AMENDATORY SECTION(Amending WSR 06-02-068, filed 1/3/06, effective 2/3/06)
WAC 468-100-205Relocation planning, advisory services, and coordination.
(1) Relocation planning: During the early stages of development, ((state and federal-aid)) programs or projects shall be planned in such a manner that the problems associated with the displacement of individuals, families, businesses, farms, and nonprofit organizations are recognized and solutions are developed to minimize the adverse impacts of displacement. Such planning, where appropriate, shall precede any action by an agency that will cause displacement, and should ((include))be scoped to the complexity and nature of the anticipated displacing activity including an evaluation of program resources available to carry out timely and orderly relocations. Planning may involve a relocation survey or study ((that)), which may include the following:
(a) An estimate of the number of households to be displaced including information such as owner/tenant status, estimated value and rental rates of properties to be acquired, family characteristics, and special consideration of the impacts on minorities, the elderly, large families, and persons with disabilities when applicable.
(b) An estimate of the number of comparable replacement dwellings in the area (including price ranges and rental rates) that ((may))are expected to be available to fulfill the needs of those households permanently or temporarily displaced. When an adequate supply of comparable housing is not expected to be available, the agency should consider housing of last resort actions.
(c) An estimate of the number, type, and size of the businesses, farms, and nonprofit organizations to be displaced and the approximate number of employees that may be affected.
(d) An estimate of the availability of replacement business sites. When an adequate supply of replacement business sites is not expected to be available, the impacts of displacing or temporarily moving the businesses should be considered and addressed. Planning for permanently or temporarily displaced businesses which are reasonably expected to involve complex or lengthy moving processes or small businesses with limited financial resources and/or few alternative relocation sites should include an analysis of business moving problems.
(e) Consideration of any special relocation advisory services that may be necessary from the displacing agency and other cooperating agencies.
(2) ((Loans for planning and preliminary expenses: In the event that an agency elects to consider using the duplicative provision in Section 215 of the Uniform Act which permits the use of project funds for loans to cover planning and other preliminary expenses for the development of additional housing, the lead agency will establish criteria and procedures for such use upon the request of the federal agency funding the program or project.
(3)))Relocation assistance advisory services:
(a)General: The agency shall carry out a relocation assistance advisory program which satisfies the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq., as amended), and Executive Order 11063 (((27 FR 11527))3 C.F.R., 1959-1963 Comp., p. 652), and offers the services described in ((subsection (3)))(6) of this ((section))subsection. If the agency determines that a person occupying property adjacent to the real property acquired for the project is caused substantial economic injury because of such acquisition, it may offer ((the))advisory services to such person.
(((4)))(b)Services to be provided: The advisory program shall include such measures, facilities, and services as may be necessary or appropriate in order to:
(((a)))(i) Determine, for nonresidential (businesses, farm, and nonprofit organizations) displacements, the relocation needs and preferences of each business (farm and nonprofit organization) to be permanently or temporarily displaced and explain the relocation payments and other assistance for which the business may be eligible, the related eligibility requirements, and the procedures for obtaining such assistance. This shall include a personal interview with each business. At a minimum, interviews with the displaced business owners and operators should include the following items:
(((i)))(A) The business's replacement site requirements, current lease terms and other contractual obligations and the financial capacity of the business to accomplish the move.
(((ii)))(B) Determination of the need for outside specialists in accordance with WAC 468-100-301 (7)(((k)))(m) that will be required to assist in planning the move, assistance in the actual move, and in the reinstallation of machinery and/or other personal property.
(((iii)))(C) For businesses, an identification and resolution of personalty/realty issues. Every effort must be made to identify and resolve ((realty/))personalty/realty issues prior to, or at the time of, the appraisal of the property.
(((iv)))(D) An estimate of the time required for the business to vacate the site.
(((v)))(E) An estimate of the anticipated difficulty in locating a replacement property.
(((vi)))(F) An identification of any advance relocation payments required for the move, and the agency's legal capacity to provide them.
(((b)))(ii) Determine, for residential displacements, the relocation needs and preferences of each person to be permanently or temporarily displaced and explain the relocation payments and other assistance for which the person may be eligible, the related eligibility requirements, and the procedures for obtaining such assistance. This shall include a personal interview with each residential permanently or temporarily displaced person.
(((i)))(A) Provide current and continuing information on the availability, purchase prices, and rental costs of comparable replacement dwellings, and explain that the person cannot be required to move unless at least one comparable replacement dwelling is made available as set forth in WAC 468-100-204(1).
(((ii)))(B) As soon as feasible, the agency shall inform the person in writing of the specific comparable replacement dwelling and the price or rent used for establishing the upper limit of the replacement housing payment (see WAC 468-100-403 (1) and (2)) and the basis for the determination, so that the person is aware of the maximum replacement housing payment for which the person may qualify.
(((iii)))(C) Where feasible, comparable housing shall be inspected prior to being made available to assure that it meets applicable standards. (See WAC 468-100-002(((8)))(7).) If such an inspection is not made, the agency shall notify the person to be displaced in writing of the reason that an inspection of the comparable was not made and, that if the comparable is purchased or rented by the displaced person, a replacement housing payment may not be made unless the replacement dwelling is subsequently inspected and determined to be DSS.
(((iv)))(D) Whenever possible, permanently or temporarily displaced minority persons shall be given reasonable opportunities to relocate to DSS replacement dwellings, not located in an area of minority concentration, that are within their financial means. This policy, however, does not require an agency to provide a person a larger payment than is necessary to enable a person to relocate to a comparable replacement dwelling.
(((v)))(E) The agency shall offer all ((displaced)) persons, transportation to inspect housing to which they are referred.
(((vi)))(F) Any displaced person that may be eligible for government housing assistance at the replacement dwelling shall be advised of any requirements of such government housing assistance program that would limit the size of the replacement dwelling (see WAC 468-100-002 (((6)))(5)(i)) as well as of the long-term nature of such rent subsidy, and the limited (((forty-two))42-month) duration of the relocation rental assistance payment.
(((c)))(iii) Provide, for nonresidential moves, current and continuing information on the availability, purchase prices, and rental costs of ((comparable and)) suitable commercial and farm properties and locations. Assist any person displaced from a business or farm operation to obtain and become established in a suitable replacement location.
(((d)))(iv) Minimize hardships to persons in adjusting to relocation by providing counseling, advice as to other sources of assistance that may be available, and such other help as may be appropriate.
(((e)))(v) Supply persons to be displaced with appropriate information concerning federal and state housing programs, disaster loans and other programs administered by the Small Business Administration, and other federal, state, and local programs offering assistance to persons to be displaced and technical help applying for such assistance.
(((f)))(3) Subsequent occupants: Any person who occupies property acquired by an agency, when such occupancy began subsequent to the acquisition of the property, and the occupancy is permitted by a short-term rental agreement or an agreement subject to termination when the property is needed for a program or project, shall be eligible for advisory services, as determined by the agency.
(((5)))(4)Coordination of relocation activities: Relocation activities shall be coordinated with project work and other displacement-causing activities to ensure that, to the extent feasible, persons displaced receive consistent treatment and the duplication of functions is minimized.
AMENDATORY SECTION(Amending WSR 06-02-068, filed 1/3/06, effective 2/3/06)
WAC 468-100-206Eviction for cause.
(1) Eviction for cause must conform to applicable federal, state, and local law. Any person who lawfully occupies the real property ((and is not in unlawful occupancy)) on the date of the initiation of negotiations, is presumed to be entitled to relocation payments and other assistance set forth in this part unless the agency determines that:
(a) The person received an eviction notice prior to the initiation of negotiations and, as a result of that notice, is later evicted; or
(b) The person is evicted after the initiation of negotiations for serious or repeated violation of material terms of the lease or occupancy agreement; and
(c) In either case the eviction was not undertaken for the purpose of evading the obligation to make available the payments and other assistance set forth in this part.
(2) For purposes of determining eligibility for relocation payments for persons evicted for cause, the date of displacement is the date the person moves, or if later, the date a comparable replacement dwelling is made available. This section applies only to persons who would otherwise have been displaced by the project.
AMENDATORY SECTION(Amending WSR 06-02-068, filed 1/3/06, effective 2/3/06)
WAC 468-100-207General requirements—Claims for relocation payments.
(1) Documentation: Any claim for a relocation payment shall be supported by such documentation as may be reasonably required to support expenses incurred, such as((,)) bills, certified prices, appraisals, or other evidence of such expenses. ((Payment for a low cost or uncomplicated move may be made without documentation of actual costs when payment is limited to the amount of the lowest acceptable bid or estimate obtained by the agency.)) A permanently or temporarily displaced person must be provided reasonable assistance necessary to complete and file any required claim for payment.
(2) Expeditious payments: The agency shall review claims in an expeditious manner. The claimant shall be promptly notified as to any additional documentation that is required to support the claim. Payment for a claim shall be made as soon as feasible following receipt of sufficient documentation to support the claim.
(3) ((Advance))Advanced payments: If a person demonstrates the need for an ((advance))advanced relocation payment in order to avoid or reduce a hardship, the agency shall issue the payment, subject to such safeguards as are appropriate to ensure that the objective of the payment is accomplished.
(4) Time for filing:
(a) All claims for a relocation payment shall be filed with the agency ((within eighteen))no later than 18 months after:
(i) For tenants, the date of displacement or temporary move;
(ii) For owners, the date of displacement, temporary move, or the date of the final payment for the acquisition of the real property, whichever is later.
(b) ((This time period shall be waived by))The agency shall waive this time period for good cause.
(5) Notice of denial of claim: If the agency disapproves all or part of a payment claimed or refuses to consider the claim on its merits because of untimely filing or other grounds, it shall promptly notify the claimant in writing of its determination, the basis for its determination, and the procedures for appealing that determination.
(6) No waiver of relocation assistance:((A displacing))An agency shall not propose or request that a ((displaced)) person waive his or her rights or entitlements to relocation assistance and benefits provided by the Uniform Act and this ((regulation))chapter.
(7) Expenditure of payments: Payments, provided pursuant to this part, shall not be considered to constitute federal financial assistance. Accordingly, this part does not apply to the expenditure of such payments by, or for, a displaced person.
(8) Deductions from relocation payments. An agency shall deduct the amount of any advance relocation payment from the relocation payment(s) to which a person is otherwise entitled. The agency shall not withhold any part of a relocation payment to a person to satisfy any other obligation.
AMENDATORY SECTION(Amending WSR 06-02-068, filed 1/3/06, effective 2/3/06)
WAC 468-100-208((Aliens))Noncitizens not lawfully present in the United States.
(1) Each person seeking relocation payments or relocation advisory assistance shall, as a condition of eligibility, certify:
(a) In the case of an individual, that he or she is either a citizen or national of the United States, or ((an alien))a noncitizen who is lawfully present in the United States.
(b) In the case of a family, that each family member is either a citizen or national of the United States, or ((an alien))a noncitizen who is lawfully present in the United States. The certification may be made by the head of the household on behalf of other family members.
(c) In the case of an unincorporated business, farm, or nonprofit organization, that each owner is either a citizen or national of the United States, or ((an alien))a noncitizen who is lawfully present in the United States. The certification may be made by the principal owner, manager, or operating officer on behalf of other persons with an ownership interest.
(d) In the case of an incorporated business, farm, or nonprofit organization, that the corporation is authorized to conduct business within the United States.
(2) The certification provided pursuant to subsection (1)(a)((, (b) and))through (c) of this section shall ((indicate whether such person is either))specify the person's status as a citizen or national of the United States, or ((an alien))a noncitizen who is lawfully present in the United States. Requirements concerning the certification in addition to those contained in this rule shall be within the discretion of the ((federal)) funding agency and, within those parameters, that of the displacing agency.
(3) In computing relocation payments under the Uniform Act, if any member(s) of a household or owner(s) of an unincorporated business, farm, or nonprofit organization is (are) determined to be ineligible because of a failure to be ((legally))lawfully present in the United States, no relocation payments may be made to him or her. Any payment(s) for which such household, unincorporated business, farm, or nonprofit organization would otherwise be eligible shall be computed for the household, based on the number of eligible household members and for the unincorporated business, farm, or nonprofit organization, based on the ratio of ownership between eligible and ineligible owners.
(4) The ((displacing)) agency shall consider the certification provided pursuant to subsection (1) of this section to be valid, unless the ((displacing)) agency determines in accordance with subsection (6) of this section that it is invalid based on a review of ((an alien's)) documentation or other information that the agency considers reliable and appropriate.
(5) Any review by the ((displacing)) agency of the certifications provided pursuant to subsection (1) of this section shall be conducted in a nondiscriminatory fashion. Each ((displacing)) agency will apply the same standard of review to all such certifications it receives, except that such standard may be revised periodically.
(6) If, based on a review of ((an alien's))a person's documentation or other credible evidence, ((a displacing))an agency has reason to believe that a person's certification is invalid (for example a document reviewed does not on its face reasonably appear to be genuine), and that, as a result, such person may be ((an alien))a noncitizen not lawfully present in the United States, it shall obtain the following information before making a final determination:
(a) ((If the agency has reason to believe that the certification of))For a person who has certified that ((he or she is an alien))they are a noncitizen lawfully present in the United States ((is invalid)), the ((displacing)) agency shall obtain verification of the ((alien's status from the local Bureau of Citizenship and Immigration (BCIS) Office. A list of local BCIS offices is available at http://www.uscis.gov/graphics/fieldoffices/alphaa.htm. Any request for BCIS verification shall include the alien's full name, date of birth and alien number, and a copy of the alien's documentation. (If an agency is unable to contact the BCIS, it may contact the FHWA in Washington, DC, Office of Real Estate Services or Office of Chief Counsel, for a referral to the BCIS.)))person's status by using the Systematic Alien Verification for Entitlements (SAVE) program administered by USCIS to verify immigration status.
(b) ((If an agency has reason to believe that the certification of))For a person who has certified that he or she is a citizen or national ((is invalid)), if the displacing agency has reason to believe that the certification is invalid, the agency shall request evidence of United States citizenship or nationality ((from such person)) and, if considered necessary, verify the accuracy of such evidence with the issuer or other appropriate source.
(7) No relocation payments or relocation advisory assistance shall be provided to a person who has not provided the certification described in this section or who has been determined to be not lawfully present in the United States, unless such person can demonstrate to the ((displacing)) agency's satisfaction that the denial of relocation ((benefits))assistance will result in an exceptional and extremely unusual hardship to such person's spouse, parent, or child who is a citizen of the United States, or ((is an alien))a noncitizen lawfully admitted for permanent residence in the United States.
(8) For purposes of subsection (7) of this section, "exceptional and extremely unusual hardship" to such spouse, parent, or child of the person not lawfully present in the United States means that the denial of relocation payments and advisory assistance to such person will directly result in:
(a) A significant and demonstrable adverse impact on the health or safety of such spouse, parent, or child;
(b) A significant and demonstrable adverse impact on the continued existence of the family unit of which such spouse, parent, or child is a member; or
(c) Any other impact that the ((displacing)) agency determines will have a significant and demonstrable adverse impact on such spouse, parent, or child.
(9) The certification referred to in subsection (1) of this section may be included as part of the claim for relocation payments described in WAC 468-100-207.
AMENDATORY SECTION(Amending WSR 06-02-068, filed 1/3/06, effective 2/3/06)
WAC 468-100-209Relocation payments not considered as income.
No relocation payment received by a permanently or temporarily displaced person under this chapter may be considered as income for the purpose of determining the eligibility or extent of eligibility of any person for assistance under any state law or for the purposes of any income tax or any tax imposed under Title 82 RCW, and the payments shall not be deducted from any amount to which any recipient would otherwise be entitled under Title 74 RCW.
AMENDATORY SECTION(Amending WSR 06-02-068, filed 1/3/06, effective 2/3/06)
WAC 468-100-301Payment for actual reasonable moving and related expenses.
(1) General.
(a) Any owner-occupant or tenant who qualifies as a displaced person (defined ((at))in WAC 468-100-002(((9)))(8)) and who moves from a dwelling (including a mobile home) or who moves from a business, farm or nonprofit organization is entitled to payment of his or her actual moving and related expenses, as the agency determines to be reasonable and necessary.
(b) A nonoccupant owner of a rented mobile home is eligible for actual cost reimbursement under this section to relocate the mobile home. If the mobile home is not acquired as real estate, but the homeowner-occupant obtains a replacement housing payment under one of the circumstances described in WAC 468-100-502 (1)(c), the homeowner-occupant is not eligible for payment for moving the mobile home, but may be eligible for a payment for moving personal property from the mobile home.
(2) Moves from a dwelling. A displaced person's actual, reasonable and necessary moving expenses for moving personal property from a dwelling may be determined based on the cost of one, or a combination of the following methods((:))in (a) and (b) of this subsection (eligible expenses for moves from a dwelling include the expenses described in subsection (7)(a) through (((g)))(h) of this section)((. Self-moves based on the lower of two bids or estimates are not eligible for reimbursement under this section.)):
(a) Commercial move - Moves performed by a professional mover.
(b) Self-move - Moves that may be performed by the displaced person in one or a combination of the following methods:
(i) Fixed residential moving cost schedule.((())The fixed residential moving cost schedule described in WAC 468-100-302(())).
(ii) Actual cost move. Supported by receipted bills for labor and equipment. Hourly labor rates should not exceed the cost paid by a commercial mover for moving staff necessary for moving the residential personal property. Costs for moving personal property that requires special handling should not exceed the hourly market rate for a commercial specialist. Equipment rental fees should be based on the actual cost of renting the equipment but not exceed the cost paid by a commercial mover.
(iii) A moving cost estimate. Prepared by a qualified agency staff person, as developed from the agency's thorough review of the personal property to be moved and documented estimated costs for materials, equipment, and labor. Hourly labor rates should not exceed the cost paid by a commercial mover for moving staff. Costs for moving residential personal property that requires special handling should not exceed the hourly rate for a commercial specialist. Equipment rental fees should be based on the actual cost of renting the equipment but not exceed the cost paid by a commercial mover. The cost of materials should equal those readily available locally.
(iv) Commercial mover estimate. Based on the lower of two bids from commercial movers. Agencies may establish policies and procedures which calculate and subtract an estimated amount of overhead and profit from the moving cost bids to establish a reimbursement eligibility.
(3) Moves from a mobile home.((A displaced person's actual, reasonable and necessary moving expenses for moving personal property from a mobile home may be determined based on the cost of one, or a combination of the following methods: Self-moves based on the lower of two bids or estimates are not eligible for reimbursement under this section. Eligible expenses for moves from a mobile home include those expenses described in subsection (7)(a) through (g)))Eligible expenses for moves from a mobile home include those expenses described in subsection (7)(a) through (h) of this section. In addition to the items in subsection (1) of this section, the owner-occupant of a mobile home that is moved as personal property and used as the person's replacement dwelling, is also eligible for the moving expenses described in subsection (7)(i) through (k) of this section ((()). However, if the mobile home is not acquired but the owner obtains a replacement housing payment under one of the circumstances described in WAC 468-100-502, the owner is not eligible for payment for moving the mobile home((). In addition to the items in subsection (1) of this section, the owner-occupant of a mobile home that is moved as personal property and used as the person's replacement dwelling, is also eligible for the moving expenses described in subsection (7)(h) through (j) of this section)). A displaced person's actual, reasonable and necessary moving expenses for moving personal property from a mobile home may be determined based on the cost of one, or a combination, of the following methods:
(a) Commercial move - Moves performed by a professional mover.
(b) Self-move - Moves that may be performed by the displaced person in one or a combination of the following methods:
(i) Fixed residential moving cost schedule((()). The fixed residential moving cost schedule described in WAC 468-100-302(())).
(ii) Actual cost move. Supported by receipted bills for labor and equipment. Hourly labor rates should not exceed the cost paid by a commercial mover for moving staff necessary for moving the residential personal property. Costs for moving personal property that requires special handling should not exceed the hourly market rate for a commercial specialist. Equipment rental fees should be based on the actual cost of renting the equipment but not exceed the cost paid by a commercial mover.
(iii) A moving cost estimate. Prepared by a qualified agency staff person, as developed from the agency's thorough review of the personal property to be moved and documented estimated costs for materials, equipment, and labor. Hourly labor rates should not exceed the cost paid by a commercial mover for moving staff. Costs for moving residential personal property that requires special handling should not exceed the hourly rate for a commercial specialist. Equipment rental fees should be based on the actual cost of renting the equipment, but not exceed the cost paid by a commercial mover. The cost of materials should equal those readily available locally.
(iv) Commercial mover estimate. Based on the lower of two bids from commercial movers. Agencies may establish policies and procedures which calculate and subtract an estimated amount of overhead and profit from the moving cost bids to establish a reimbursement eligibility.
(4) Moves from a business, farm, or nonprofit organization.Eligible expenses for moves from a business, farm, or nonprofit organization include those expenses described in subsection (7)(a) through (h) and (l) through (s) of this section and WAC 468-100-303. Personal property as determined by an inventory from a business, farm or nonprofit organization may be moved by one or a combination of the following methods: ((Eligible expenses for moves from a business, farm or nonprofit organization include those expenses described in subsection (7)(a) through (g) of this section and subsection (7)(k) through (r) of this section and WAC 468-100-303.))
(a) Commercial move. Based on the lower of two bids or estimates prepared by ((a)) commercial movers. At the agency's discretion, payment for a low-cost or uncomplicated move may be based on a single bid or estimate.
(b) Self-move. A self-move payment may be based on one or a combination of the following:
(i) The lower of two bids or estimates prepared by ((a)) commercial movers or a qualified agency staff person. At the agency's discretion, payment for a low-cost or uncomplicated move may be based on a single bid or estimate; or
(ii) Supported by receipted bills for labor and equipment. Hourly labor rates should not exceed the rates paid by a commercial mover to employees performing the same activity and equipment rental fees should be based on the actual rental cost of the equipment but not to exceed the cost paid by a commercial mover.
(iii) A qualified agency staff person may develop a move cost finding by estimating and determining the cost of a small uncomplicated nonresidential personal property move of $5,000 or less, with the written consent of the displaced person. This estimate may include only the cost of moving personal property which does not require disconnect and reconnect and/or specialty moving services necessary for activities including crating, lifting, transportation, and setting of the item in place.
(5) Personal property only. Eligible expenses for a person who is required to move personal property from real property but is not required to move from a dwelling (including a mobile home), business, farm or nonprofit organization include those expenses described in subsection (7)(a) through (((g)))(h) and (((r)))(s) of this section.
(6) Advertising signs. The amount of a payment for direct loss of an advertising sign, which is personal property, shall be the lesser of:
(a) The depreciated reproduction cost of the sign, as determined by the agency, less the proceeds from its sale; or
(b) The estimated cost of moving the sign, but with no allowance for storage.
(7) Eligible actual moving expenses.
(a) Transportation of the displaced person and personal property. Transportation costs for a distance beyond ((fifty))50 miles are not eligible, unless the agency determines that relocation beyond ((fifty))50 miles is justified.
(b) Packing, crating, unpacking, and uncrating of the personal property.
(c) Disconnecting, dismantling, removing, reassembling, and reinstalling relocated household appliances and other personal property. For businesses, farms or nonprofit organizations this includes machinery, equipment, substitute personal property, and connections to utilities available within the building; it also includes modifications to the personal property, including those mandated by federal, state or local law, code or ordinance, necessary to adapt it to the replacement structure, the replacement site (expenses for modifying the real property are excluded), or the utilities at the replacement site, and modifications necessary to adapt the utilities at the replacement site to the personal property (expenses for providing utilities from the right of way to the building or improvement are excluded).
(d) ((Storage of the personal property for a period not to exceed twelve months, unless the agency determines that a longer period is necessary))An agency may determine that the storage of personal property is a reasonable and necessary moving expense for a permanently or temporarily displaced person required to move under this part. Agencies may approve a payment for storage when the process of relocating from the acquired site to the replacement site is delayed for reasons beyond the control of the displaced person. Storage may not be longer than 12 months, starting at the date of vacation from the acquired site and ending when the replacement site becomes available. Agencies may approve storage for more than 12 months in unusual instances if justified, documented, and approved by the agency.
(e) Insurance for the replacement value of the property in connection with the move and necessary storage.
(f) The replacement value of property lost, stolen, or damaged in the process of moving (not through the fault or negligence of the displaced person, his or her agent, or employee) where insurance covering such loss, theft, or damage is not reasonably available.
(g) A displaced tenant is entitled to reasonable reimbursement, as determined by the agency, for actual expenses not to exceed $1,000, incurred for rental replacement dwelling application fees or credit reports required to lease a replacement dwelling.
(h) Other moving-related expenses that are not listed as ineligible under subsection (8) of this section as the agency determines to be reasonable and necessary.
(((h)))(i) The reasonable cost of disassembling, moving, and reassembling any appurtenances attached to a mobile home, such as porches, decks, skirting, and awnings, which were not acquired, anchoring of the unit, and utility "hookup" charges.
(((i)))(j) The reasonable cost of repairs and/or modifications so that a mobile home can be moved and/or made decent, safe, and sanitary.
(((j)))(k) The cost of a nonrefundable mobile home park entrance fee, to the extent it does not exceed the fee at a comparable mobile home park, if the person is permanently or temporarily displaced from a mobile home park or the agency determines that payment of the fee is necessary to effect relocation.
(((k)))(l) Any actual, reasonable, or necessary costs of a license, permit, fee((s)) or certification required of the displaced person to operate a business, farm, or nonprofit at the replacement location (expenses for construction or remodel permits are excluded). However, the payment may be based on the remaining useful life of the existing license, permit, fees or certification.
(((l)))(m) Professional services as the agency determines to be actual, reasonable and necessary for:
(i) Planning the move of the personal property;
(ii) Moving the personal property; and
(iii) Installing the relocated personal property at the replacement location.
(((m)))(n) Relettering signs ((and)), replacing stationery on hand at the time of displacement or temporary move, and making reasonable and necessary updates to other media that are made obsolete as a result of the move.
(((n)))(o) Actual direct loss of tangible personal property incurred as a result of moving or discontinuing the business or farm operation. The payment shall consist of ((the lesser of)):
(i) If the item is currently in use, the lesser of:
(A) The estimated cost to move the item up to 50 miles and reinstall; or
(B) The fair market value in place of the item, as is for continued use, less the proceeds from its sale ((()). To be eligible for payment, the claimant must make a good faith effort to sell the personal property, unless the agency determines that such effort is not necessary.
(ii) If the item is not currently in use: The estimated cost of moving the item 50 miles, as is.
(iii) When payment for property loss is claimed for goods held for sale, the fair market value shall be based on the cost of the goods to the business, not the potential selling prices((); or
(ii) The estimated cost of moving the item as is, but not including any allowance for storage; or for reconnecting a piece of equipment if the equipment is in storage or not being used at the acquired site. If the business or farm operation is discontinued, the estimated cost of moving the item shall be based on a moving distance of fifty miles)).
(((o)))(p) The reasonable cost incurred in attempting to sell an item that is not to be relocated.
(((p) Purchase of substitute personal property.))(q) If an item of personal property, which is used as part of a business or farm operation, is not moved but is promptly replaced with a substitute item that performs a comparable function at the replacement site, the displaced person is entitled to payment of the lesser of:
(i) The cost of the substitute item, including installation costs ((of))at the replacement site, minus any proceeds from the sale or trade-in of the replaced item; or
(ii) The estimated cost of moving and reinstalling the replaced item but with no allowance for storage. At the agency's discretion, the estimated cost for a low-cost or uncomplicated move may be based on a single bid or estimate.
(((q)))(r) Searching for a replacement location.
(i) A business or farm operation is entitled to reimbursement for actual expenses, not to exceed ((two thousand five hundred dollars))$5,000, as the agency determines to be reasonable, which are incurred ((in)) searching for a replacement location, including:
(((i)))(A) Transportation;
(((ii)))(B) Meals and lodging away from home;
(((iii)))(C) Time spent searching, based on reasonable salary or earnings;
(((iv)))(D) Fees paid to a real estate agent or broker to locate a replacement site, exclusive of any fees or commissions related to the purchase or lease of such sites;
(((v)))(E) Time spent ((in)) obtaining permits to operate the business and attending zoning hearings; and
(((vi) Time spent))(F) Expenses negotiating the purchase or lease of a replacement site based on a reasonable salary or ((earnings))fee, including actual, reasonable, and necessary attorney's fees.
(ii) The funding agency may, on a program wide or project basis, allow a one-time payment of $1,000 for search expenses with minimal or no documentation as an alternative payment method under this section.
(((r) Low value/high bulk.))(s) When the personal property to be moved is of low value and high bulk, and the cost of moving the property would be disproportionate to its value in the judgment of the ((displacing)) agency, the allowable moving cost payment shall not exceed the lesser of: The amount which would be received if the property were sold at the site; or the replacement cost of a comparable quantity delivered to the new business location. Examples of personal property covered by this provision include, but are not limited to, stockpiled sand, gravel, minerals, metals and other similar items of personal property as determined by the agency.
(8) Ineligible moving and related expenses.The following is a nonexclusive listing of payments a displaced person is not entitled to ((payment for)):
(a) The cost of moving any structure or other real property improvement in which the displaced person reserved ownership (however, this part does not preclude the computation under WAC 468-100-401 (((2)(d)))(3)(b)(iii));
(b) Interest on a loan to cover moving expenses;
(c) Loss of goodwill;
(d) Loss of profits;
(e) Loss of trained employees;
(f) Any additional operating expenses of a business or farm operation incurred because of operating in a new location except as provided in WAC ((468-100-360 (1)))468-100-306 (4)(f);
(g) Personal injury;
(h) Any legal fee or other cost for preparing a claim for a relocation payment or for representing the claimant before the agency. A person has a right to be represented by legal counsel or other representation in connection with his or her appeal, but solely at the person's own expense;
(i) Expenses for searching for a temporary or permanent replacement dwelling which include costs for mileage, meals, lodging, time, and professional real estate broker or attorney's fees;
(j) Physical changes to the real property at the temporary or replacement location ((of a business or farm operation)) except as provided in WAC ((468-100-301 (7)(c) and)) 468-100-306(((1)))(4);
(k) Costs for storage of personal property on real property already owned or leased by the permanently or temporarily displaced person; ((and))
(l) Refundable security and utility deposits; and
(m) Cosmetic changes to a replacement or temporary dwelling, which are not required by state or local law, such as painting, draperies, or replacement carpet or flooring.
(9) Notification and inspection (((nonresidential))). The agency shall inform the permanently or temporarily displaced person, in writing, of the requirements of this section as soon as possible after the initiation of negotiations. This information may be included in the relocation information provided to the displaced person as set forth in WAC 468-100-203. To be eligible for payments under this section, the displaced person must:
(a) Provide the agency reasonable advance notice of the approximate date of the start of the move or disposition of the personal property and an inventory of the items to be moved. However, the agency may waive this notice requirement after documenting its file accordingly.
(b) Permit the agency to make reasonable and timely inspections of the personal property at both the displacement and replacement sites and to monitor the move.
(10) Transfer of ownership (((nonresidential))). Upon request and in accordance with applicable law, the claimant shall transfer to the agency ownership of any personal property that has not been moved, sold, or traded-in.
AMENDATORY SECTION(Amending WSR 06-02-068, filed 1/3/06, effective 2/3/06)
WAC 468-100-302Fixed payment for moving expenses—Residential moves.
Any person displaced from a dwelling or a seasonal residence or a dormitory style room is entitled to receive a fixed moving cost payment as an alternative to a payment for actual moving and related expenses under WAC 468-100-301. This payment shall be determined according to the fixed residential moving cost schedule* approved by the ((Federal Highway Administration))FHWA and published in the Federal Register on a periodic basis. The payment to a person with minimal personal possessions who is in occupancy of a dormitory style room or a person whose residential move is performed by an agency at no cost to the person shall be limited to the amount stated in the most recent edition of the fixed residential moving cost schedule. In addition, an agency may approve storage for a displaced person's personal property for a period of up to 12 months as actual, reasonable, and necessary moving expense under WAC 468-100-301 (7)(d).
(1) An agency may determine that the storage of personal property is a reasonable and necessary moving expense for a displaced person under this part. The determination shall be based on the needs of the displaced person; the nature of the move; the plans for permanent relocation; the amount of time available for the relocation process; and, whether storage will facilitate relocation. If the agency determines that storage is reasonable and necessary in conjunction with a fixed cost moving payment made under this section, the agency shall pay the actual, reasonable, and necessary storage expenses in accordance with WAC 468-100-301 (7)(d). However, regardless of whether storage is approved, the fixed residential move cost schedule provides a one-time payment for one move from the displacement dwelling to the replacement dwelling, or storage facility. Consequently, displaced persons must be fully informed that reimbursement of costs to move the personal property to storage and the cost of approved storage, if applicable, represent a full reimbursement of their eligibility for moving costs under this part.
(2) The fixed residential moving cost schedule is available on the FHWA website at the following URL: www.fhwa.dot.gov/real_estate/uniform_act/relocation/moving_cost_schedule.cfm.
 
((*The fixed residential moving cost schedule is available at the following URL: http://www.fhwa.dot.gov//////realestate/fixsch96.htm. Agencies are cautioned to ensure they are using the most recent edition.))
AMENDATORY SECTION(Amending WSR 06-02-068, filed 1/3/06, effective 2/3/06)
WAC 468-100-303Related nonresidential eligible expenses.
The following expenses, in addition to those provided by WAC 468-100-301 for moving personal property, shall be provided if the agency determines that they are actual, reasonable, and necessary:
(1) Connection to available ((nearby)) utilities from the ((right of way))replacement site's property line to improvements at the replacement site.
(2) Professional services performed prior to the purchase or lease of a replacement site to determine its suitability for the displaced person's business operation including, but not limited to, soil testing, or feasibility and marketing studies (excluding any fees or commissions directly related to the purchase or lease of such site). At the discretion of the agency a reasonable preapproved hourly rate may be established.
(3) Impact fees ((or))and one-time assessments for anticipated heavy utility usage, as determined necessary by the agency.
AMENDATORY SECTION(Amending WSR 06-02-068, filed 1/3/06, effective 2/3/06)
WAC 468-100-304Fixed payment for moving expenses—Nonresidential moves.
(1) Business. A displaced business may be eligible to choose a fixed payment in lieu of the payments for actual moving and related expenses, ((and))as well as actual reasonable reestablishment expenses provided by WAC 468-100-301, 468-100-303, and 468-100-306. Such fixed payment, except for payment to a nonprofit organization, shall equal the average annual net earnings of the business, as computed in accordance with subsection (5) of this section, but not less than ((one thousand dollars))$1,000 nor more than ((twenty thousand dollars))the dollar amount allowed under WAC 468-100-306(1). The displaced business is eligible for the payment if the agency determines that:
(a) The business owns or rents personal property which must be moved in connection with such displacement and for which an expense would be incurred in such move; and, the business vacates or relocates from its displacement site;
(b) The business cannot be relocated without a substantial loss of its existing patronage (clientele or net earnings). A business is assumed to meet this test unless the agency determines that it will not suffer a substantial loss of its existing patronage;
(c) The business is not part of a commercial enterprise having more than three other entities which are not being acquired by the agency, and which are under the same ownership and engaged in the same or similar business activities;
(d) The business is not operated at a displacement dwelling solely for the purpose of renting such dwelling to others;
(e) The business is not operated at the displacement site solely for the purpose of renting the site to others; and
(f) The business contributed materially (defined in WAC 468-100-002(((7)))(6)) to the income of the displaced person during the two taxable years prior to displacement.
(2) Determining the number of businesses. In determining whether two or more displaced legal entities constitute a single business which is entitled to only one fixed payment, all pertinent factors shall be considered, including the extent to which:
(a) The same premises and equipment are shared;
(b) Substantially identical or interrelated business functions are carried out and business and financial affairs are commingled;
(c) The entities are held out to the public, and to those customarily dealing with them, as one business; and
(d) The same person or closely related persons own, control, or manage the affairs of the entities.
(3) Farm operation. A displaced farm operation (defined in WAC 468-100-002(((12)))(11)), may choose a fixed payment, in lieu of the payments for both actual moving ((and))as well as related expenses and actual reasonable reestablishment expenses, in an amount equal to its average annual net earnings as computed in accordance with subsection (5) of this section, but not less than ((one thousand dollars))$1,000 nor more than ((twenty thousand dollars))the dollar amount allowed under WAC 468-100-306(1). In the case of a partial acquisition of land, which was a farm operation before the acquisition, the fixed payment shall be made only if the agency determines that:
(a) The acquisition of part of the land caused the operator to be displaced from the farm operation on the remaining land; or
(b) The partial acquisition caused a substantial change in the nature of the farm operation.
(4) Nonprofit organization. A displaced nonprofit organization may choose a fixed payment of ((one thousand to twenty thousand dollars))$1,000 to the dollar amount allowed under WAC 468-100-306(1) in lieu of the payments for both actual moving ((and))as well as related expenses and actual reasonable reestablishment expenses, if the agency determines that it cannot be relocated without a substantial loss of existing patronage (membership or clientele). A nonprofit organization is assumed to meet this test, unless the agency demonstrates otherwise. Any payment in excess of ((one thousand dollars))$1,000 must be supported with financial statements for the two ((twelve))12-month periods prior to the acquisition. The amount to be used for the payment is the average of two years annual gross revenues less administrative expenses.
(5) Average annual net earnings of a business or farm operation. The average annual net earnings of a business or farm operation are one-half of its net earnings before federal, state, and local income taxes during the two taxable years immediately prior to the taxable year in which it was displaced. If the business or farm was not in operation for the full two taxable years prior to displacement, net earnings shall be based on the actual period of operation at the displacement site during the two taxable years prior to displacement, projected to an annual rate. Average annual net earnings may be based upon a different period of time when the agency determines it to be more equitable. Net earnings include any compensation obtained from the business or farm operation by its owner, the owner's spouse, and dependents. The displaced person shall furnish the agency proof of net earnings through income tax returns, certified financial statements, or other reasonable evidence, which the agency determines is satisfactory.
AMENDATORY SECTION(Amending WSR 06-02-068, filed 1/3/06, effective 2/3/06)
WAC 468-100-305Discretionary utility relocation payments.
(1) Whenever a program or project undertaken by ((a displacing))an agency, other than WSDOT, causes the relocation of a utility facility (WAC 468-100-002(((31)))(34)) and the relocation of the facility creates extraordinary expenses for its owner, the ((displacing)) agency may, at its option, make a relocation payment to the owner for all or part of such expenses, if the following criteria are met:
(a) The utility facility legally occupies state or local government property, or property over which the state or local government has an easement or right of way;
(b) The utility facility's right of occupancy thereon is pursuant to state law or local ordinance specifically authorizing such use, or where such use and occupancy has been granted through a franchise, use and occupancy permit, or other similar agreement;
(c) Relocation of the utility facility is required by and is incidental to the primary purpose of the project or program undertaken by the ((displacing)) agency;
(d) ((There is no federal law, other than the Uniform Act, which clearly establishes a policy for the payment of utility moving costs that is applicable to the displacing agency's program or project; and
(e))) State or local government reimbursement for utility moving costs or payment of such costs by the ((displacing)) agency is in accordance with state law.
(2) For the purposes of this section, the term extraordinary expenses means those expenses which, in the opinion of the ((displacing)) agency, are not routine or predictable expenses relating to the utility's occupancy of rights of way, and are not ordinarily budgeted as operating expenses, unless the owner of the utility facility has explicitly and knowingly agreed to bear such expenses as a condition for use of the property, or has voluntarily agreed to be responsible for such expenses.
(3) A relocation payment to a utility facility owner for moving costs under this section may not exceed the cost to functionally restore the service disrupted by the ((federally assisted)) program or project, less any increase in value of the new facility and salvage value of the old facility. The ((displacing)) agency and the utility facility owner shall reach prior agreement on the nature of the utility relocation work to be accomplished, the eligibility of the work for reimbursement, the responsibilities for financing and accomplishing the work, and the method of accumulating costs and making payment.
AMENDATORY SECTION(Amending WSR 06-02-068, filed 1/3/06, effective 2/3/06)
WAC 468-100-306Reestablishment expenses—Nonresidential moves.
In addition to the payments available under WAC 468-100-301 and 468-100-303, a small business, as defined in WAC 468-100-002(((24)))(26), farm, or nonprofit organization is entitled to receive a payment((, not to exceed fifty thousand dollars,)) for expenses actually incurred in relocating and reestablishing such small business, farm, or nonprofit organization at a replacement site.
(1) The payment is not to exceed, except as provided in (2) of this subsection:
(a) $200,000; or
(b) The amount established by the lead agency as adjusted in subsection (3) of this section, whichever is greater.
(2) Until August 1, 2030, if the displacing agency is a state agency, actual reasonable expenses necessary to reestablish a displaced small business, farm, or nonprofit organization at its new site, are not to exceed:
(a) $100,000; or
(b) The amount established by the lead agency as adjusted in subsection (3) of this section, whichever is greater.
(3) Beginning August 1, 2025, and annually on August 1st thereafter, the lead agency shall adjust the dollar amounts originally specified in subsections (1)(a) and (2)(a) of this section by two percent to account for inflation, as described herein. After the August 1, 2025, two percent adjustment, each subsequent year's calculation will reflect a two percent increase from the previous year. Each year the adjusted dollar amount shall be rounded up to the nearest whole dollar.
(4)Eligible expenses. Reestablishment expenses must be reasonable and necessary, as determined by the agency. They include, but are not limited to, the following:
(a) Repairs or improvements to the replacement real property as required by federal, state or local law, code or ordinance.
(b) Modifications to the replacement property to accommodate the business operation or make replacement structures suitable for conducting the business.
(c) Construction and installation costs for exterior signing to advertise the business.
(d) Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint, paneling, or carpeting.
(e) Advertisement of replacement location.
(f) Estimated increased costs of operation during the first two years at the replacement site for such items as:
(i) Lease or rental charges;
(ii) Personal or real property taxes;
(iii) Insurance premiums; and
(iv) Utility charges, excluding impact fees.
(g) Other items that the agency considers essential to the reestablishment of the business.
(((2)))(5)Ineligible expenses. The following is a nonexclusive listing of reestablishment expenditures not considered to be reasonable, necessary, or otherwise eligible:
(a) Purchase of capital assets, such as((,)) office furniture, filing cabinets, machinery, or trade fixtures.
(b) Purchase of manufacturing materials, production supplies, product inventory, or other items used in the normal course of the business operation.
(c) Interest on money borrowed to make the move or purchase the replacement property.
(d) Payment to a part-time business in the home which does not contribute materially (defined in WAC 468-100-002(6)) to the household income.
(e) Interior or exterior refurbishments at the replacement site which are for aesthetic purposes, except as provided in ((WAC 468-100-306 (1)(d)))subsection (4)(d) of this section.
(f) Construction costs for a new building at the business replacement site, or costs to construct, reconstruct, or rehabilitate an existing building.
AMENDATORY SECTION(Amending WSR 06-02-068, filed 1/3/06, effective 2/3/06)
WAC 468-100-401Replacement housing payment for ((one hundred eighty))90-day homeowner-occupants.
(1) Eligibility: A displaced person is eligible for the replacement housing payment for a ((one hundred eighty))90-day homeowner-occupant if the person:
(a) Has actually owned and occupied the displacement dwelling for not less than the ((one hundred eighty))90 days immediately prior to the initiation of negotiations; and
(b) Purchases and occupies a DSS replacement dwelling within one year after the later of the following dates (except that the agency may extend such one-year period for good cause):
(i) The date the displaced person receives final payment for the displacement dwelling or, in the case of condemnation, the date the full amount of the estimate of just compensation is deposited in the court; or
(ii) The date the person moves from the displacement dwelling; or
(iii) The date the displacing agency's obligation under WAC 468-100-204 is met.
(2) Amount of payment: The replacement housing payment for an eligible ((one hundred eighty))90-day homeowner-occupant may not exceed ((twenty-two thousand five hundred dollars))$41,200 (see also WAC 468-100-404). The payment under this section is limited to the amount necessary to relocate to a comparable replacement dwelling within one year from the date the displaced homeowner-occupant is paid for the displacement dwelling, or the date ((such person is initially offered a comparable replacement dwelling))a comparable replacement dwelling is made available to such person, whichever is later. The payment shall be the sum of:
(a) The amount by which the cost of a replacement dwelling exceeds the acquisition cost of the displacement dwelling (price differential), as determined in accordance with subsection (3) of this section; and
(b) The increased interest costs and other debt service costs ((to be))which are incurred in connection with the mortgage(s) on the replacement dwelling (increased mortgage interest cost or reverse mortgage), as determined in accordance with subsection (4) or (5) of this section, as applicable; and
(c) The ((necessary and)) reasonable expenses incidental to the purchase of the replacement dwelling (incidental purchase expense), as determined in accordance with subsection (((5)))(6) of this section.
(3) Price differential:
(a) Basic computation: The price differential to be paid under subsection (2)(a) of this section is the amount which must be added to the acquisition cost of the displacement dwelling and dwelling site (see WAC 468-100-002 (10) and (11)) to provide a total amount equal to the lesser of:
(i) The reasonable cost of a comparable replacement dwelling as determined in accordance with WAC 468-100-403(1); or
(ii) The purchase price of the DSS replacement dwelling actually purchased and occupied by the displaced person.
(b) Owner retention((/salvage)) of displacement dwelling: If the owner retains ownership of((, or obtains salvage rights to,)) the person's dwelling, moves it from the displacement site, and reoccupies it on a replacement site, the purchase price of the replacement dwelling shall be the sum of:
(i) The cost of moving and restoring the dwelling to a condition comparable to that prior to the move; ((and))
(ii) The cost of making the unit a DSS replacement dwelling (defined in WAC 468-100-002(((8)))(7)); ((and))
(iii) The current market value for residential use of the replacement dwelling site (based on any reasonable evaluation method determined by the agency), unless the claimant rented the displacement site and there is a reasonable opportunity for the claimant to rent a suitable replacement site; and
(iv) The retention((/salvage)) value of the displacement dwelling, if such retention value is reflected in the "acquisition cost" used when computing the replacement housing payment.
(c) Owner constructs replacement dwelling: If the owner obtains a DSS replacement dwelling by contracting for or otherwise obtaining new construction, the purchase price of the replacement dwelling shall be the sum of:
(i) The cost necessary to construct a dwelling that is comparable to the displacement dwelling; and
(ii) The current fair market value for residential use of the replacement site (based on any reasonable evaluation method determined by the agency), unless the claimant rented the displacement site and there is a reasonable opportunity for the claimant to rent a suitable replacement site.
(4) Increased mortgage interest costs:
(a) The ((displacing)) agency shall determine the factors to be used in computing the amount to be paid to a displaced person under subsection (2)(b) of this section. Except as otherwise provided in subsection (5) of this section, the payment for increased mortgage interest costs shall be the amount which will reduce the mortgage balance on a new mortgage to an amount which could be amortized with the same monthly payment for principal and interest as that for the mortgage(s) on the displacement dwelling. In addition, payments shall include other debt service costs, if not paid as incidental costs, and shall be based only on bona fide mortgages that were valid liens on the displacement dwelling for at least ((one hundred eighty))180 days prior to the initiation of negotiations. Subdivisions (b) through (f) of this subsection shall apply to the computation of the increased mortgage interest costs payment, which payment shall be contingent upon a mortgage being placed on the replacement dwelling.
(b) The payment shall be based on the unpaid mortgage balance(s) on the displacement dwelling; however, in the event the displaced person obtains a smaller mortgage than the mortgage balance(s) computed in the buydown determination the payment will be prorated and reduced accordingly.
In the case of a home equity loan the unpaid balance shall be that balance which existed ((one hundred eighty))180 days prior to the initiation of negotiations or the balance on the date of acquisition, whichever is less.
(c) The payment shall be based on the remaining term of the mortgage(s) on the displacement dwelling or the term of the new mortgage, whichever is shorter.
(d) The interest rate on the new mortgage used in determining the amount of the payment shall not exceed the prevailing fixed interest rate for conventional mortgages currently charged by mortgage lending institutions in the area in which the replacement dwelling is located.
(e) Purchaser's points and loan origination or assumption fees, but not seller's points, shall be paid to the extent:
(i) They are not paid as incidental expenses;
(ii) They do not exceed rates normal to similar real estate transactions in the area;
(iii) The agency determines them to be necessary; and
(iv) The computation of such points and fees shall be based on the unpaid mortgage balance on the displacement dwelling, less the amount determined for the reduction of ((such))the mortgage balance under this section.
(f) The displaced person shall be advised of the approximate amount of this payment and the conditions that must be met to receive the payment as soon as the facts relative to the person's current mortgage(s) are known and the payment shall be made available at or near the time of closing on the replacement dwelling in order to reduce the new mortgage as intended.
(5) Reverse mortgages. The payment for replacing a reverse mortgage shall be the difference between the existing reverse mortgage balance and the minimum dollar amount necessary to purchase a replacement reverse mortgage which will provide the same or similar terms as that for the reverse mortgage on the displacement dwelling. In addition, payments shall include other debt service costs, if not paid as incidental costs, and shall be based only on reverse mortgages that were valid liens on the displacement dwelling for at least 180 days prior to the initiation of negotiations. Subdivisions (a) through (d) of this subsection shall apply to the computation of the mortgage interest differential payment required under subsection (4) of this section, which payment shall be contingent upon a new reverse mortgage being purchased for the replacement dwelling.
(a) The payment shall be based on the difference between the reverse mortgage balance and the minimum amount needed to qualify for a reverse mortgage with the similar terms as the reverse mortgage on the displacement dwelling; however, in the event the displaced person obtains a reverse mortgage with a smaller principal balance than the reverse mortgage balance(s) computed in the buydown determination, the payment will be prorated and reduced accordingly. The reverse mortgage balance shall be that balance which existed 180 days prior to the initiation of negotiations or the reverse mortgage balance on the date of acquisition, whichever is less.
(b) The interest rate on the new reverse mortgage used in determining the amount of the eligibility shall not exceed the prevailing rate for reverse mortgages currently charged by mortgage lending institutions for owners with similar amounts of equity in their units in the area in which the replacement dwelling is located.
(c) Purchaser's points and loan origination, but not seller's points, shall be paid to the extent:
(i) They are not paid as incidental expenses;
(ii) They do not exceed rates normal to similar real estate transactions in the area;
(iii) The agency determines them to be necessary; and
(iv) The computation of such points and fees shall be based on the reverse mortgage balance on the displacement dwelling plus any amount necessary to purchase the new reverse mortgage.
(d) The displaced person or their representative shall be advised of the approximate amount of this eligibility and the conditions that must be met to receive the reimbursement as soon as the facts relative to the person's current reverse mortgage are known; the payment shall be made available at or near the time of closing on the replacement dwelling in order to purchase the new reverse mortgage as intended.
(6)Incidental purchase expenses: The incidental ((purchase)) expenses to be paid ((for a one hundred eighty-day homeowner-occupant ())under subsection (2)(c) of this section(())) or for downpayment assistance ((())under WAC 468-100-402 (3)(a)(())) are those necessary and reasonable costs actually incurred by the displaced person incident to the purchase of a replacement dwelling, and customarily paid by the buyer, including and are limited by such costs based on the cost of a comparable replacement dwelling pursuant to WAC 468-100-403(1):
(a) Legal, closing, and related costs, including those for title search, preparing conveyance instruments, notary fees, preparing surveys and plats, and recording fees.
(b) Lender, FHA, or VA application and appraisal fees.
(c) Loan origination or assumption fees that do not represent prepaid interest.
(d) Professional home inspection, certification of structural soundness and termite inspection.
(e) Credit report.
(f) Owner's and mortgagee's evidence of title, e.g., title insurance, not to exceed the costs for a comparable replacement dwelling.
(g) Escrow agent's fee.
(h) State revenue or documentary stamps, sales or transfer taxes (not to exceed the costs for a comparable replacement dwelling).
(i) Such other costs as the agency determines to be incidental to the purchase.
(((6)))(7)Rental assistance payment for ((one hundred eighty))90-day homeowner-occupant: A ((one hundred eighty))90-day homeowner-occupant who could be eligible for a replacement housing payment under subsection (1) of this section but elects to rent a replacement dwelling, is eligible for a rental assistance payment. The amount of the rental assistance payment is based on a determination of market rent for the acquired dwelling compared to a comparable rental dwelling available on the market. The difference, if any, is computed in accordance with WAC 468-100-402 (2)(a), except that the limit of ((five thousand two hundred fifty dollars))$9,570 does not apply, and, instead, is disbursed in accordance with WAC 468-100-402 (2)(c). Under no circumstances would the rental assistance payment exceed the amount that could have been received under WAC 468-100-401 (2)(a) had the ((one hundred eighty))90-day homeowner-occupant elected to purchase and occupy a comparable replacement dwelling. Payments allowed under WAC 468-100-402(3) are not applicable.
AMENDATORY SECTION(Amending WSR 06-02-068, filed 1/3/06, effective 2/3/06)
WAC 468-100-402Replacement housing payment for ((ninety))90-day ((occupants))tenants and certain others.
(1) Eligibility: A tenant ((or owner-occupant)) displaced from a dwelling is entitled to a payment not to exceed ((five thousand two hundred fifty dollars))$9,570 for rental assistance, as computed in accordance with subsection (2) of this section, or downpayment assistance, as computed in accordance with subsection (3) of this section, if such displaced person:
(a) Has actually and lawfully occupied the displacement dwelling for at least ((ninety))90 days immediately prior to the initiation of negotiations; and
(b) Has rented, or purchased, and occupied a DSS replacement dwelling within one year (unless the agency extends this period for good cause) after((:
(i) For a tenant, the date the tenant moves from the displacement dwelling; or
(ii) For an owner-occupant, the later of:
(A) The date the owner-occupant receives final payment for the displacement dwelling, or in the case of condemnation, the date the full amount of the estimate of just compensation is deposited with the court; or
(B)))the date ((the owner-occupant))he or she moves from the displacement dwelling.
(2) Rental assistance payment:
(a) Amount of payment: An eligible displaced person under subsection (1) of this section who rents a replacement dwelling is entitled to a payment not to exceed ((five thousand two hundred fifty dollars))$9,570 for rental assistance (see also WAC 468-100-404). Such payment shall be ((forty-two))42 times the amount obtained by subtracting the base monthly rent ((or the fair market rent (in accordance with (b) of this subsection) of the displacement dwelling for a reasonable period prior to displacement, as determined by the agency,)) from the ((lessor))lesser of:
(i) The monthly rent and estimated average monthly cost of utilities for a comparable replacement dwelling; or
(ii) The monthly rent and estimated average monthly cost of utilities for the DSS replacement dwelling actually occupied by the displaced person.
(b) Base monthly rental for displacement dwelling. The base monthly rental for the displacement dwelling is the lesser of:
(i) The average monthly cost for rent and utilities at the displacement dwelling for a reasonable period prior to displacement, as determined by the agency. (For an owner-occupant, use the fair market rent for the displacement dwelling. For a tenant who paid little or no rent for the displacement dwelling, use the fair market rent, unless its use would result in a hardship because of the person's income or other circumstances); ((or))
(ii) Thirty percent of the displaced person's average monthly gross household income((.))if the amount is classified as "low income" by the U.S. Department of Housing and Urban Development(('s Annual Survey of Income Limits for the Public Housing and Section 8 Programs*))(HUD) in its most recently published Uniform Relocation Act Income Limits ("Survey"). The base monthly rental shall be established solely on the criteria in (b)(i) of this subsection for persons with income exceeding the Survey's "low income" limits, for persons refusing to provide appropriate evidence of income, and for persons who are dependents. A full-time student or resident of an institution may be assumed to be a dependent, unless the person demonstrates otherwise; or
 
((*The U.S. Department of Housing and Urban Development's Public Housing and Section 8 Program Income Limits are updated annually and are available on FHWA's website at http://www.fhwa.dot.gov/realestate/us/ualic.htm))
(iii) The total of the amounts designated for shelter and utilities if the displaced person is receiving a welfare assistance payment from a program that designates the amounts for shelter and utilities.
Note:
The Survey's income limits are updated annually and are available on FHWA's website at
 
https://www.fhwa.dot.gov/real_estate/low_income_calculations/index.cfm
(c) Manner of disbursement: A rental assistance payment may, at the agency's discretion, be disbursed in either a lump sum or in installments. However, except as limited by WAC 468-100-403(6), the full amount vests immediately, whether or not there is any later change in the person's income or rent, or in the condition or location of the person's replacement housing.
(3) Downpayment assistance payment:
(a) Amount of payment: An eligible displaced person under subsection (1) of this section who purchases a replacement dwelling is entitled to a downpayment assistance payment in the amount the person would receive under subsection (2) of this section if the person rented a comparable replacement dwelling. At the agency's discretion ((of the agency)), a downpayment assistance payment that is less than ((five thousand two hundred fifty dollars))$9,570 may be increased to any amount not to exceed ((five thousand two hundred fifty dollars))$9,570. However, the payment to a displaced ((homeowner))person shall not exceed the amount the ((owner))homeowner-occupant would receive under WAC 468-100-401(2) if he or she met the ((one hundred eighty))90-day occupancy requirement. ((An agency's discretion))If the agency elects to provide the maximum payment ((shall be exercised))of $9,570 as a downpayment, the agency shall apply this discretion in a uniform and consistent manner, so that eligible displaced persons in like circumstances are treated equally((.))(a displaced person eligible to receive a payment as a ((one hundred eighty))90-day owner-occupant under WAC 468-100-401(1) is not eligible for this payment).
(b) Application of payment: The full amount of the replacement housing payment for downpayment assistance must be applied to the purchase price of the replacement dwelling and related incidental expenses.
AMENDATORY SECTION(Amending WSR 07-08-109, filed 4/4/07, effective 5/5/07)
WAC 468-100-403Additional rules governing replacement housing payments.
(1) Determining cost of comparable replacement dwelling: The upper limit of a replacement housing payment shall be based on the cost of a comparable replacement dwelling (defined in WAC 468-100-002(((6)))(5)).
(a) Three-comparable method: If available, at least three comparable replacement dwellings shall be ((examined))considered and the payment computed on the basis of the dwelling most nearly representative of, and equal to, or better than, the displacement dwelling.
(b) Major exterior attribute: If the site of the comparable replacement dwelling lacks a major exterior attribute of the displacement dwelling site (e.g., the site is significantly smaller or does not contain a swimming pool or outbuildings), the contributory value of such attribute as determined by the agency shall be subtracted from the acquisition cost of the displacement dwelling for purposes of computing the ((replacement housing)) payment.
(c) Remainder offer: If the acquisition of a portion of a typical residential property causes the displacement of the owner from the dwelling and the ((remainder is a remnant of the displacement dwelling site or a buildable residential lot))agency determines that the remainder is not an uneconomic remnant, and if allowed by state law, the agency may offer to purchase the entire property. If ((such an offer is made and)) the owner refuses to sell the remainder to the agency, the fair market value ((attributable to that))of the remainder, ((shall))may be added to the acquisition ((price paid for))cost of the displacement dwelling for purposes of computing the ((price differential))replacement housing payment.
(d) Location: To the extent feasible, comparable replacement dwellings shall be selected ((preferably)) from the neighborhood in which the displacement dwelling was located or, if not otherwise ((feasible))possible, from nearby or similar neighborhoods where housing costs are generally the same ((as in the displacement neighborhood. Where that is not possible dwellings may be selected from neighborhoods where housing costs are the same)) or higher.
(e) Multiple occupants of one displacement dwelling:((If two or more))When there are multiple occupants of ((the))one displacement dwelling and if two or more occupants of the displacement dwelling move to separate replacement dwellings, each occupant is entitled to a reasonable prorated share, as determined by the agency, of any relocation payments that would have been made if the occupants moved together to a comparable replacement dwelling. However, if the agency determines that two or more occupants maintained separate households within the same dwelling, such occupants have separate entitlements to relocation payments.
(f) ((Deductions from relocation payments: An agency shall deduct the amount of any advance relocation payment from the relocation payment(s) to which a displaced person is otherwise entitled. The agency shall not withhold any part of a relocation payment to a displaced person to satisfy an obligation to any other creditor.
(g)))Mixed-use and multifamily properties: If the displacement dwelling was part of a property that contained another dwelling unit and/or space used for nonresidential purposes, and/or is located on a ((tract))lot larger than a site that is typical for residential purposes, only that portion of the acquisition payment which is actually attributable to the displacement dwelling shall be considered its acquisition cost when computing the ((price differential))replacement housing payment.
(((h)))(g)Insurance proceeds: To the extent necessary to avoid duplicate compensation, the amount of any insurance proceeds received by a person in connection with a loss to the displacement dwelling due to a catastrophic occurrence (fire, flood, etc.) shall be included in the acquisition cost of the displacement dwelling when computing the price differential. (Also see WAC 468-100-003.)
(2) Inspection of replacement dwelling: Before making a replacement housing payment or releasing ((a))the initial payment from escrow, the agency or its designated representative shall inspect the replacement dwelling and determine whether it is a DSS dwelling as defined in WAC 468-100-002(((8)))(7).
(3) Purchase of replacement dwelling: A displaced person is considered to have met the requirement to purchase a replacement dwelling, if the person:
(a) Purchases a dwelling; ((or))
(b) Purchases and rehabilitates a substandard dwelling; ((or))
(c) Relocates a dwelling which the person owns or purchases; ((or))
(d) Constructs a dwelling on a site the person owns or purchases; ((or))
(e) Contracts for the purchase or construction of a dwelling on a site provided by a builder or on a site the person owns or purchases; or
(f) Currently owns a previously purchased dwelling and site, valuation of which shall be on the basis of current fair market value.
(4) Occupancy requirements for displacement or replacement dwelling: No person shall be denied eligibility for a replacement housing payment solely because the person is unable to meet the occupancy requirements set forth in this chapter for a reason beyond the person's control, including:
(a) A disaster, an emergency, or an imminent threat to the public health or welfare, as determined by the president, governor, or funding agency; or
(b) Another reason, such as a delay in the construction of the replacement dwelling, military ((reserve)) duty, or hospital stay, as determined by the agency.
(5) Conversion of payment: A displaced person who initially rents a replacement dwelling and receives a rental assistance payment under WAC 468-100-402(2) is eligible to receive a payment under WAC 468-100-401 or 468-100-402(3) if the person meets the eligibility criteria for such payments, including purchase and occupancy within the prescribed one-year period. Any portion of the rental assistance payment that has been disbursed shall be deducted from the payment computed under WAC 468-100-401 or 468-100-402(3).
(6) Payment after death: A replacement housing payment is personal to the displaced person and upon the person's death the undisbursed portion of any such payment shall not be paid to the heirs or assigns, except that:
(a) The amount attributable to the displaced person's period of actual occupancy of the replacement housing shall be paid.
(b) ((The full payment shall be disbursed in any case in which a member of a displaced family dies and the other family member(s) continue to occupy a DSS replacement dwelling))Any remaining payment shall be disbursed to the remaining family members of the displaced household in any case in which a member of a displaced family dies.
(c) Any portion of a replacement housing payment necessary to satisfy the legal obligation of an estate in connection with the selection of a replacement dwelling by or on behalf of a deceased person shall be disbursed to the estate.
AMENDATORY SECTION(Amending WSR 06-02-068, filed 1/3/06, effective 2/3/06)
WAC 468-100-404Replacement housing of last resort.
(1) Determination to provide replacement housing of last resort. Whenever a program or project cannot proceed on a timely basis because comparable replacement dwellings are not available within the monetary limits for owners or tenants, as specified in WAC 468-100-401 or ((468-100-403))468-100-402, as appropriate, the agency shall provide additional or alternative assistance under the provisions of this subpart. Any decision to provide last resort housing assistance must be adequately justified either:
(a) On a case-by-case basis, for good cause, which means that appropriate consideration has been given to:
(i) The availability of comparable replacement housing in the program or project area;
(ii) The resources available to provide comparable replacement housing; and
(iii) The individual circumstances of the displaced person; or
(b) By a determination that:
(i) There is little, if any, comparable replacement housing available to displaced persons within an entire program or project area; and, therefore, last resort housing assistance is necessary for the area as a whole;
(ii) A program or project cannot be advanced to completion in a timely manner without last resort housing assistance; and
(iii) The method selected for providing last resort housing assistance is cost effective, considering all elements, which contribute to total program or project costs.
(2) Basic rights of persons to be displaced. Notwithstanding any provision of this subpart, no displaced person shall be required to move from a displacement dwelling unless comparable replacement housing is available to such person. No person may be deprived of any rights the person may have under the Uniform Act or this part. The agency shall not require any displaced person to accept a dwelling provided by the agency under these procedures (unless the agency and the displaced person have entered into a contract to do so) in lieu of any acquisition payment or any relocation payment for which the person may otherwise be eligible.
(3) Methods of providing comparable replacement housing. Agencies shall have broad latitude in implementing this subpart, but implementation shall be for reasonable cost, on a case-by-case basis unless an exception to case-by-case analysis is justified for an entire project.
(a) The methods of providing replacement housing of last resort include, but are not limited to:
(i) A replacement housing payment in excess of the limits set forth in WAC 468-100-401 or 468-100-402. A replacement housing payment under this section may be provided in installments or in a lump sum at the agency's discretion.
(ii) Rehabilitation of and/or additions to an existing replacement dwelling.
(iii) The construction of a new replacement dwelling.
(iv) The provision of a direct loan, which requires regular amortization or deferred repayment. The loan may be unsecured or secured by the real property. The loan may bear interest or be interest-free.
(v) The relocation and, if necessary, rehabilitation of a dwelling.
(vi) The purchase of land and/or a replacement dwelling by the ((displacing)) agency and subsequent sale or lease to, or exchange with a displaced person.
(vii) The removal of barriers for persons with disabilities.
(b) Under special circumstances, consistent with the definition of a comparable replacement dwelling, modified methods of providing replacement housing of last resort permit consideration of replacement housing based on space and physical characteristics different from those in the displacement dwelling, including upgraded, but smaller replacement housing that is decent, safe, and sanitary and adequate to accommodate individuals or families displaced from marginal or substandard housing with probable functional obsolescence. In no event, however, shall a displaced person be required to move into a dwelling that is not functionally equivalent in accordance with WAC 468-100-002 (((6)))(5)(b).
(c) The agency shall provide assistance under this subpart to a displaced person who is not eligible to receive a replacement housing payment under WAC 468-100-401 and 468-100-402 because of failure to meet the length of occupancy requirement when comparable replacement rental housing is not available at rental rates within the displaced person's financial means (see WAC 468-100-002 (((6)))(5)(h)(iii)). Such assistance shall cover a period of ((forty-two))42 months.
AMENDATORY SECTION(Amending WSR 06-02-068, filed 1/3/06, effective 2/3/06)
WAC 468-100-501Applicability.
(1) General: This subpart describes the requirements governing the provision of ((relocation))replacement housing payments to a person displaced from a mobile home and/or mobile home site who meets the basic eligibility requirements of this chapter. Except as modified by this subpart, such a displaced person is entitled to:
(a) A moving expense payment in accordance with WAC 468-100-301 ((through 468-100-306))and 468-100-302; and
(b) A replacement housing payment in accordance with WAC 468-100-401 through ((468-100-403))468-100-404 to the same extent and subject to the same requirements as persons displaced from conventional dwellings. ((Moving cost payments to persons occupying mobile homes are covered in WAC 468-100-301 (7)(a) through (j).))
(2) Partial acquisition of mobile home park.((The acquisition of a portion of a mobile home park property may leave a remaining part of the property that is not adequate to continue the operation of the park.)) If the agency determines that a mobile home located in the remaining part of the property must be moved as a direct result of the project, the occupant of the mobile home shall be considered to be a displaced person who is entitled to relocation payments and other assistance under this part.
AMENDATORY SECTION(Amending WSR 06-02-068, filed 1/3/06, effective 2/3/06)
WAC 468-100-502Replacement housing payment for ((one hundred eighty))90-day mobile ((home)) homeowner displaced from a mobile home, and/or from the acquired mobile home site.
(1) Eligibility:((A displaced))An owner-occupant displaced from a mobile home ((or site)) is entitled to a replacement housing payment, not to exceed ((twenty-two thousand five hundred dollars))$41,200 under WAC 468-100-401 if:
(a) The person occupied the mobile home on the displacement site for at least ((one hundred eighty))90 days immediately before:
(i) The initiation of negotiations to acquire the mobile home, if the person owned the mobile home and the mobile home is real property;
(ii) The initiation of negotiations to acquire the mobile home site if the mobile home is personal property, but the person owns the mobile home site; or
(iii) The date of the agency's written notification to the owner-occupant that the owner is determined to be displaced from the mobile home as described in (c)(i) through (iv) of this subsection.
(b) The person meets the other basic eligibility requirements in WAC 468-100-401 (1)(b); and
(c) The agency acquires the mobile home as real estate, or acquires the mobile home site from the displaced owner, or the mobile home is personal property but the owner is displaced from the mobile home because the agency determines that the mobile home:
(i) Is not, and cannot economically be made, decent, safe, and sanitary;
(ii) Cannot be relocated without substantial damage or unreasonable cost;
(iii) Cannot be relocated because there is no available comparable replacement site; or
(iv) Cannot be relocated because it does not meet mobile home park entrance requirements.
(2) Replacement housing payment computation for a ((one hundred eighty))90-day owner that is displaced from a mobile home. The replacement housing payment for an eligible displaced ((one hundred eighty))90-day owner is computed as described in WAC 468-100-401(2) incorporating the following, as applicable:
(a) If the agency acquires the mobile home as real estate and/or acquires the owned site, the acquisition cost used to compute the price differential payment is the actual amount paid to the owner as just compensation for the acquisition of the mobile home, and/or site, if owned by the displaced mobile homeowner.
(b) If the agency does not purchase the mobile home as real estate but the owner is determined to be displaced from the mobile home and eligible for a replacement housing payment based on subsection (1)(a)(iii) of this section, the eligible price differential payment for the purchase of a comparable replacement mobile home is the lesser of the displaced mobile ((homeowner's))homeowner-occupant's net cost to purchase a replacement mobile home (i.e., purchase price of the replacement mobile home less trade-in or sale proceeds of the displacement mobile home); or the cost of the agency's selected comparable mobile home less the agency's estimate of the salvage or trade-in value for the mobile home from which the person is displaced.
(c) If a comparable replacement mobile home site is not available, the price differential payment shall be computed on the basis of the reasonable cost of a conventional comparable replacement dwelling.
(3) ((Rental assistance))Replacement housing payment for a ((one hundred eighty))90-day owner-occupant that is displaced from a leased or rented mobile home site. If the displacement mobile ((home))homeowner-occupant's site is leased or rented, a ((displaced one hundred eighty))90-day owner-occupant is entitled to a rental assistance payment computed as described in WAC 468-100-402. This rental assistance replacement housing payment may be used to lease a replacement site((;)), may be applied to the purchase price of a replacement site((;)), or may be applied, with any replacement housing payment attributable to the mobile home, ((to))toward the purchase of a replacement mobile home and the purchase or lease of a site or the purchase of a conventional decent, safe and sanitary dwelling.
(4) Owner-occupant not displaced from the mobile home. If the agency determines that a mobile home is personal property and may be relocated to a comparable replacement site, but the owner-occupant elects not to do so, the owner is not entitled to a replacement housing payment for the purchase of a replacement mobile home. However, the owner is eligible for moving costs described in WAC 468-100-301 and any replacement housing payment for the purchase or rental of a comparable site as described in this section or WAC 468-100-503 as applicable.
AMENDATORY SECTION(Amending WSR 06-02-068, filed 1/3/06, effective 2/3/06)
WAC 468-100-503Replacement housing payments for ((ninety))90-day mobile home occupants.
A displaced tenant or owner-occupant of a mobile home and/or site is eligible for a replacement housing payment, not to exceed ((five thousand two hundred fifty dollars))$9,570 under WAC 468-100-402 if:
(1) The person actually occupied the displacement mobile home on the displacement site for at least ((the ninety))90 days immediately prior to the initiation of negotiations;
(2) The person meets the other basic eligibility requirements in WAC 468-100-402(1); and
(3) The agency acquires the mobile home and/or mobile homesite, or the mobile home is not acquired by the agency but the ((owner or tenant))agency determines that the occupant is displaced from the mobile home because of one of the circumstances described in WAC 468-100-502 (1)(c).
AMENDATORY SECTION(Amending WSR 06-02-068, filed 1/3/06, effective 2/3/06)
WAC 468-100-504Additional rules governing relocation payment to mobile home occupants.
(1) Replacement housing payment based on dwelling and site: Both the mobile home and mobile home site must be considered when computing a replacement housing payment. For example, a displaced mobile home occupant may have owned the displacement mobile home and rented the site or may have rented the displacement mobile home and owned the site. Also a person may elect to purchase a replacement mobile home and rent a replacement site, or rent a replacement mobile home and purchase a replacement site. In such cases, the total replacement housing payment shall consist of a payment for a dwelling and a payment for a site, each computed under the applicable section in WAC 468-100-401 through 468-100-403. However, the total replacement housing payment under WAC 468-100-401 through 468-100-403 shall not exceed the maximum payment (either ((twenty-two thousand five hundred dollars or five thousand two hundred fifty dollars))$41,200 or $9,570) permitted under the subsection that governs the computation for the dwelling.
(2) ((Cost of comparable replacement dwelling:
(a) If a comparable replacement mobile home is not available, the replacement housing payment shall be computed on the basis of the reasonable cost of a conventional comparable replacement dwelling.
(b) If the agency determines that it would be practical to relocate the mobile home, but the owner-occupant elects not to do so, the agency may determine that, for purposes of computing the price differential under WAC 468-100-401(3), the cost of a comparable replacement dwelling is the sum of:
(i) The value of the mobile home;
(ii) The cost of any necessary repairs or modifications; and
(iii) The estimated cost of moving the mobile home to a replacement site.
(3)))General provisions: WAC 468-100-403 also applies.
AMENDATORY SECTION(Amending WSR 06-02-068, filed 1/3/06, effective 2/3/06)
WAC 468-100-602Certification application.
An agency wishing to proceed on the basis of a certification may request an application for certification from the ((Lead Agency)) Director, Office of Real Estate Services, HEPR-1, Federal Highway Administration, ((400 Seventh St., S.W.))1200 New Jersey Avenue S.E., Washington, D.C. 20590. The completed application for certification must be approved by the governor of the state, or the governor's designee, and must be coordinated with the federal funding agency, in accordance with application procedures.
AMENDATORY SECTION(Amending WSR 06-02-068, filed 1/3/06, effective 2/3/06)
WAC 468-100-603Monitoring and corrective action.
(1) The federal Lead Agency shall, in coordination with other federal agencies, monitor from time to time state agency implementation of programs or projects conducted under the certification process and the state agency shall make available any information required for this purpose.
(2) The federal Lead Agency may require periodic information or data from affected federal or state agencies.
(3) A federal agency may, after consultation with the lead agency, and notice to and consultation with the governor, or his or her designee, rescind any previous approval provided under this subpart if the certifying state agency fails to comply with its certification or with applicable state law and regulations. The federal agency shall initiate consultation with the lead agency at least ((thirty))30 days prior to any decision to rescind approval of a certification under this subpart. The lead agency will also inform other federal agencies, which have accepted a certification under this subpart from the same state agency, and will take whatever other action that may be appropriate.
(((4) Section 103(b)(2) of the Uniform Act, as amended, requires that the head of the lead agency report biennially to the Congress on state agency implementation of Section 103. To enable adequate preparation of the prescribed biennial report, the lead agency may require periodic information or data from affected federal or state agencies.))