Administrative Code

Virginia Administrative Code
8/9/2022

Part XI. Last Resort Housing

24VAC30-41-650. General.

A. No displaced persons will be required to move until a comparable replacement dwelling is made available within their financial means. Comparable replacement housing may not be available on the private market or does not meet specific requirements or special needs of a particular displaced family. Also, housing may be available on the market, but the cost exceeds the benefit limits for tenants and owners of $7,200 and $31,000, respectively. If housing is not available to a displacee and the transportation project would thereby be prevented from proceeding in a timely manner, VDOT is authorized to take a broad range of measures to make housing available. These measures, which are outside normal relocation benefit limits, are called collectively last resort housing.

B. It is the responsibility of VDOT to provide a replacement dwelling, which enables the displacee to relocate to the same ownership or tenancy status as prior to displacement. The displacee may voluntarily relocate to a different status. The district office may also provide a dwelling, which changes a status of the displacee with their concurrence, if a comparable replacement dwelling of the same status is not available.

A more complete discussion of last resort housing appears in the "Guidance Document for Determination of Certain Financial Benefits for Displacees," effective October 1, 2014.

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; Volume 22, Issue 21, eff. July 26, 2006; Volume 30, Issue 26, eff. October 1, 2014.

24VAC30-41-660. Utilization of last resort housing.

Last resort housing is applicable when:

1. Comparable replacement housing is not available on the housing market; or

2. Comparable replacement housing is available, but:

a. The computed replacement housing payment exceeds the $31,000 limitation; or

b. The computed rent supplement exceeds the $7,200 limitation.

3. Comparable housing is not available within the financial means of a displaced person who is ineligible to receive a replacement housing payment because of failure to meet length-of-occupancy requirements.

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; Volume 30, Issue 26, eff. October 1, 2014.

24VAC30-41-670. Last resort housing plan.

If the analysis of the characteristics and needs of a displaced family indicates that the provision of last resort housing may be necessary, the district office will develop a plan to determine the method of producing comparable replacement housing. In the development of the plan, innovative approaches and methods for the provision and financing of replacement housing will be considered. The plan shall include:

1. Consideration of requirements of local zoning and building codes with reference to methods proposed to provide comparable housing;

2. Discussion of how, when and where housing will be provided;

3. Consideration of environmental suitability of the location of the proposed housing, including consideration of environmental justice;

4. How housing will be financed and the amount of funds to be used for such housing from all funding agencies and private sources;

5. Prices for the housing to be rented or sold is within the financial means of the families and individuals to be displaced;

6. Arrangements for maintaining rent levels appropriate for the persons to be relocated;

7. Arrangements for rental housing management;

8. Disposition of the proceeds from rental, sale, or resale of such housing;

9. How the construction will be monitored; and

10. Any other comments pertinent to providing replacement housing.

The central office relocation section may perform the approval of Last Resort Housing Plans when the computation exceeds an amount determined by the director of the right of way and utilities division.

Last resort housing cases are often identified during the process of providing relocation services and benefits. They may arise from unique circumstances that affect a displaced household. The relocation plan in these cases will consist of a summary of the specific relocation problems, a discussion of methods considered and a detailed statement of the method, estimated cost and time required to implement the recommended solution. The method will be implemented on approval of the district manager or an assistant district manager.

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.

24VAC30-41-680. Last resort housing alternative solutions.

A. VDOT has broad latitude in the methods used and the manner in which it provides housing of last resort. After consideration of all practical options, a method should be selected which provides comparable housing at the most reasonable cost, within the time constraints of roadway project scheduling and urgency of the displacee's need. Methods for providing this housing include, but are not limited to:

1. Making an offer and payment greater than $31,000 for a displaced owner or $7,200 for a displaced tenant;

2. Rehabilitation, modifications or additions to an existing replacement dwelling to accommodate displacee needs;

3. The construction of a new replacement dwelling;

4. The relocation and, if necessary, rehabilitation of a replacement dwelling;

5. The purchase of land or a replacement dwelling, or both, by VDOT and subsequent sale, lease to, or exchange with a displaced person;

6. Acting as mortgagee in financing a displacee's purchase of housing; and

7. The provision of features such as entrance ramps, wide doors, etc., which will make a dwelling accessible to a disabled displacee.

B. Under special circumstances, consistent with the definition of a comparable replacement dwelling, consideration will be given to providing replacement housing with space and physical characteristics different from those in the displacement dwelling. This may include upgraded, but smaller replacement housing that is decent, safe and sanitary and adequate to accommodate families displaced from marginal or substandard housing. In no event, however, will a displaced person be required to move into a dwelling that is not functionally equivalent to the displacement dwelling.

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; Volume 30, Issue 26, eff. October 1, 2014.

24VAC30-41-690. Cooperative agreements.

VDOT may enter into agreements with any other federal, state or local agency or contract with any individual, firm, corporation or nonprofit association for services in connection with these activities. It is expected that VDOT, to the greatest extent practicable, will utilize the services of federal, state or local housing agencies or other agencies having experience in the administration or conduct of similar housing assistance activities.

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.

24VAC30-41-700. Nonsequential displacement.

Any person displaced because of the acquisition of real property for a last resort housing project under VDOT's power of eminent domain (including amicable agreements under the threat of such power) is entitled to all eligible benefits under the relocation assistance provision. This provision is not applicable to an owner-occupant who voluntarily acts to sell the property to VDOT for last resort housing and owner certifies same in a statement that will be retained in VDOT files.

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.

24VAC30-41-710. Last resort housing disbursements.

A. Rental assistance payments made to displacees who rent replacement housing under this section will be paid in annual installments directly to the displacee. However, when in the district manager's judgment, a direct payment or annual payments would not be prudent and in the public interest, other payment options will be arranged. Whenever special payment options are invoked, the file will be documented with the reasons for invoking these options.

B. Displacees may not be required to accept last resort housing in place of a rent supplement or a purchase supplement for which they may be eligible under normal program provisions. A displacee may choose to accept a conventional purchase or rental supplement in lieu of a last resort housing solution. This is conditioned that all eligibility criteria are met, including rental or purchase and occupancy of a decent, safe and sanitary dwelling.

C. Displacees who receive a housing or financial payment under last resort housing will be required to certify that they accept the housing or benefit in lieu of the rent supplement or purchase supplement for which they would otherwise be eligible.

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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