Administrative Code

Virginia Administrative Code
8/14/2022

Part VII. General Provisions for Replacement Housing Payments

24VAC30-41-330. General.

Individuals and families displaced from a dwelling are eligible for purchase or rental supplement payments in accordance with the provisions of this part. The purpose of the purchase or rental supplement is to enable the displaced household to relocate to decent, safe and sanitary replacement housing that is within financial means. The specific type of payment will depend on the status as owner or tenant and length of occupancy at the displacement dwelling. There are also conditions for payment including the requirement that the displacee occupy replacement housing that meets decent, safe and sanitary standards and submit a claim within the required period. The key terms used in this part are defined as follows:

"Incidental expenses" mean closing and other costs incidental to the purchase of a replacement dwelling.

"Increased interest payment" means the amount which will reduce the mortgage balance on a new mortgage to an amount that will be amortized with the same monthly payment for principal and interest as that for the mortgage on the displacement dwelling.

"Purchase supplement payment" means the amount which, when added to the acquisition value, equals the cost of comparable replacement housing.

"Rent supplement payment" means the amount which equals 42 times the difference between base monthly rental of a displacement dwelling and the monthly rent of a comparable dwelling.

"Replacement housing payment" means the total of the amounts established for a displacee under the definitions listed in this section.

Statutory Authority

§ 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.

Historical Notes

Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

24VAC30-41-340. Fully eligible occupants.

A. A fully eligible owner-occupant of 90 days or more may receive either a purchase supplement payment plus increased mortgage interest costs and incidental costs not to exceed $31,000 or a rent supplement subject to the conditions set forth in 24VAC30-41-510.

A fully eligible tenant-occupant of at least 90 days may receive either a down payment supplement including closing costs, not to exceed $7,200 and subject to the conditions set forth in 24VAC30-41-570, or a rent supplement, not to exceed $7,200.

B. The above limits of $31,000 and $7,200 do not apply if a displacee's circumstances with regard to available replacement housing require the use of last resort housing provisions. It is VDOT's obligation to enable the displacee to relocate to comparable replacement housing while retaining original status as either an owner or a tenant. This obligation overrides any monetary limit, which would otherwise apply. Refer to Part XI (24VAC30-41-650 et seq.) of this chapter for last resort housing provisions.

Statutory Authority

§ 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.; 49 CFR Part 24.

Historical Notes

Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001; amended, Virginia Register Volume 30, Issue 26, eff. October 1, 2014.

24VAC30-41-350. Partially eligible occupants.

A person who occupies a dwelling prior to its acquisition by VDOT, but who did not occupy it long enough (90 days) to gain full eligibility, may still qualify for a last resort housing rent supplement when a comparable rental is not available within their financial means.

When length of occupancy places a person in this category, a rent supplement computation using the base rent must be computed and offered. Regardless of the amount, an offer under these circumstances must be documented using last resort housing procedures (see 24VAC30-41-660).

Statutory Authority

§ 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.; 49 CFR Part 24.

Historical Notes

Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001; amended, Virginia Register Volume 21, Issue 13, eff. April 6, 2005.

24VAC30-41-360. Requirements to receive payment.

A. In addition to length of occupancy provisions, the displaced person must occupy a decent, safe and sanitary dwelling, as defined in 24VAC30-41-30, within one year, beginning on the following dates:

1. Owner-occupant of 90 days or more. The date on which the owner received payment of the entire consideration for the acquired dwelling in negotiated settlements, or in the case of condemnation, the date on which the certificate was filed and the amount set forth in the certificate was made available for the benefit of the owner.

2. Tenant-occupant of 90 days or more. The date on which the move occurs. An occupancy affidavit (Form RW-62C) shall be secured as evidence of occupancy.

A displaced person who cannot occupy the replacement dwelling within the one-year time period because of construction delays beyond reasonable control, will be considered to have purchased and occupied the dwelling as of the date of the contract to purchase. The replacement housing payment under these conditions may be deferred until replacement housing is actually occupied.

B. Upon relocating, the displacee must properly complete the appropriate application, Library Form RW-65A(1), RW-65B(1), or RW-65C(1) to receive a replacement housing payment and submit them to the district manager. The application must be filed no later than six months after the expiration of the one-year period specified in subdivisions A 1 and A 2 of this section. In condemnation cases the one-year period is extended to six months after final adjudication. The district office must stamp the application to show the date of its receipt. Where husband and wife both hold title to the property, or there is more than one owner-occupant, each owner must sign the application for payment. In the case of tenant-occupants, each must sign the application for payment.

C. The payment may be made directly to the displaced persons whose names are on the application for payment. On written instruction from a tenant-displacee, payment may be made to the lessor for rent. For an owner, payment may be made to the seller or lending agency at closing on the replacement property. If payment is made at closing, it will be personally delivered by a district office employee who will remain present to assure that the full purchase supplement amount is credited to the purchase of the replacement dwelling. If this is performed, the occupancy requirement will be considered met at the completion of closing, providing an occupancy agreement has been signed.

Statutory Authority

§ 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.; 49 CFR Part 24.

Historical Notes

Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001; amended, Virginia Register Volume 30, Issue 26, eff. October 1, 2014.

24VAC30-41-370. Inspection for decent, safe and sanitary housing.

Before submitting the displacee's claim for payment, a district relocation agent must inspect the replacement dwelling and determine that it meets the standards for decent, safe and sanitary housing. This inspection is to be made to the extent necessary to obtain the information to accurately complete Library Form RW-69B. A copy of Library Form RW-68A showing the dates and substance of all contacts with the displacee must accompany this completed form. This inspection is made solely for the purpose of determining the eligibility of relocated individuals and families for payment under this section and is not a representation for any other purpose.

Statutory Authority

§ 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.

Historical Notes

Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

24VAC30-41-380. Multiple occupancy of same dwelling unit.

A. If eligible multiple occupants occupy the same dwelling unit, they will be considered to constitute a family for relocation purpose if a comparable replacement dwelling is available. The occupants are entitled to only one replacement housing or rent supplement payment. If a comparable replacement dwelling is not available, a replacement housing or rent supplement payment for each occupant will be based on housing which is comparable to the quarters privately occupied by each occupant plus community rooms which have been shared with other occupants.

B. When all individuals displaced from one dwelling do not relocate into decent, safe and sanitary housing, those individuals who do relocate into decent, safe and sanitary housing will be paid the pro rata share of the appropriate payment they would have received if all individuals had relocated together in the same ownership or rental status as they had at the time of initiation of negotiations.

C. If eligible multiple occupants of the displacement dwelling move to separate replacement dwellings, each occupant is entitled to a reasonable prorated share, as determined by VDOT, of any relocation payments that would have been made if the occupants moved together to a comparable replacement dwelling.

D. If VDOT determines that two or more occupants maintained separate households within the same dwelling, such occupants have separate entitlements to relocation payments.

Statutory Authority

§ 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.

Historical Notes

Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

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