Presented by: Darryl Root, J.D., MBA, R/W-RAC UNUSUAL RESIDENTIAL RELOCATIONS THE ISSUES INVOLVED AND HOW TO PREPARE FOR THEM

A.Displacees in Social Program Settings 1.Homeless Shelters 2.Drug and Alcohol Recovery Programs B. Medical Care Facilities 1.Nursing Homes 2.Long Term Care Facilities Types of Unusual Residential Relocations Discussed

The Number of Homeless in America

Nursing Homes Number of nursing homes: 15,700 Proportion of nursing homes with for-profit ownership: 68.2% Number of licensed beds: 1.7 million Residents Number of residents: 1.4 million Number of Nursing Homes and Residents in U.S.

What does the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and as amended (Uniform Act) say about planning? A. 42 USC Chapter 61 1.Start at an early stage: Project development team meetings during design, if possible 2.Minimize hardships----How do we help? Planning

Do other laws apply? A.Review State/Local Laws 1.Movement of Medical/Care Facilities 2.Movement of Court-Ordered Residents 3.Zoning Ordinances 4.Homeless Advocates

Homeless Shelters/Rehab Centers A.Nature of Program Makes Planning Difficult 1.NIMBY ! 2.Transient Population Cant Travel 3.Transition to Replacement Site 4.Court Ordered Participation in Rehab Centers

A. Nature of These Facilities Makes Planning Difficult 1.Health of Residents 2.Ability of Residents to Acclimate to Replacement Site 3.Involvement of Family Members Nursing Homes/Long Term Care Facilities

Is your schedule realistic? A. Allow enough time for displacees to vacate 1.Proper scheduling requires community input from planning stages 2.Scarce Financial resources 3.Few replacement sites

B. Allow enough time to find replacement site 1.Permitting 2.Internal Planning 3.Notice to patients/ program participants Is your schedule realistic?

C. Allow enough time for advisory services 1.Displacees will have physical/mental challenges 2.Low incomes 3.Displacees may have no familial support system Is your schedule realistic?

Have you involved all stakeholders in the planning process? A. Engineers 1.What is the construction schedule? B. Appraisers 1.Is the Homeless Shelter a special use property? C. Negotiators 1.What is being purchased? D. Fixtures and Equipment 13

D. Advocates for the Homeless 1.National Alliance to End Homelessness 2.National Coalition for the Homeless 3.Homeless Advocacy Project Have you involved all stakeholders in the planning process?

E. Advocates for the Elderly 1.Advocacy Centre for the Elderly 2.Center for the Rights and Interests of the Elderly 3.National Consumer Voice Have you involved all stakeholders in the planning process?

F. Relocation Agent 1.Are your agents prepared to spend extra time with interviews? 2.Begin research into state/federal regulations that govern relocation of Nursing Homes and Homeless Shelters; 3.How will the relocation agent interact with Nursing Home and Homeless Shelter? a.Who is point of contact for the organization? b.Take any necessary security measures needed c.Plan your advisory assistance program carefully Have you involved all stakeholders in the planning process?

G. Finance ---- Plan a realistic budget ! 1.Benefits defined in 49 CFR Subpart E Sections 24.401 to 24.404 if considered residential displacees; 24.301 to 24.306 if considered relocating with the business or non-profit; 2.Will temporary relocations be necessary? 3.Will additional services are needed during the transition to the replacement? Have you involved all stakeholders in the planning process?

A.Should residents be treated as individual residential displacees? 1.What is the residents dwelling ? Dwelling [49 CFR 24.2(a)(10)]: The place of permanent or customary and usual residence of a person, according to local custom or law, including a single family house; a single family unit in a two-family, multi-family, or multi-purpose property; a unit of a condominium or cooperative housing project; a non-housekeeping unit; a mobile home; or any other residential unit. 2.What is the residents domicile? A persons fixed, permanent home and principal establishment and to which place the person, when absent, has full intention of returning. Which benefit categories apply to Residents of shelters and nursing homes?

B.Should residents be treated as individual residential displacees? 3.Are the residents seasonal ? 24.302 Fixed payment for moving expensesresidential 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 24.301. This payment shall be determined according to the Fixed Residential Moving Cost Schedule approved by the Federal Highway Administration and published in the F EDERAL R EGISTER 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. Which benefit categories apply to Residents of shelters and nursing homes?

C. Factors to consider 1.Indicators of permanent residency a.Usual indicators may not be appropriate i. Drivers License ii. Voter Registration b. Length of residency i. Will the nursing home resident ever be able to leave? ii. How long is the rehabilitation program? c.No definitive FHWA guidance d.Generally agreed residents will receive personal property moves Which benefit categories apply to Residents of shelters and nursing homes?

D. Calculating the Rental Supplement if Residents are determined to be Displacees. Nursing Homes 1.Monthly payment should be reviewed 2.Amounts attributable to medical care, therapy, medications, etc. should be deducted 3.Discounted monthly payment should be reviewed with Displacee carefully Which benefit categories apply to Residents of shelters and nursing homes?

D. Calculating the Rental Supplement if Residents are determined to be Displacees. Shelters 1.Lack of income records 2.Amounts attributable to benefits received at shelter 3.Gross monthly income should be reviewed with Displacee carefully 4.What are the comparables? Which benefit categories apply to Residents of shelters and nursing homes?

E.Practical Considerations if all residents considered individual displacees: 1.Are there enough staff persons to relocate all potential displacees? a.Would displacees have the capacity to understand the relocation program and sign claim forms? b.If not, would guardians have to be appointed by the Court? c.Would court-ordered participants be eligible? d.Tremendous amounts of advisory assistance needed; e.Could other transitional housing be used as a comparable? Which benefit categories apply to Residents of shelters and nursing homes?

The Uniform Acts take on Advisory Services 24.205 (c) (2) (ii) - Determine, for residential displacements, the relocation needs and preferences of each person to be 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 displaced person. 24.205 (c) (2) (ii) (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 24.204 (a).

E.Practical Considerations IF residents are NOT considered individual displacees: 1.What if the facility takes an in lieu payment and decides to close? 2.What if the facility cannot receive the proper permits at the replacement site? Or there is a lengthy delay? 3.Will a temporary relocation of the facility be necessary? a. Reasonable out of pocket expenses Which benefit categories apply to Residents of shelters and nursing homes?

Therefore, it remains a distinct possibility that the health of at least some of a nursing homes residents will be jeopardized by a move to a new facility. Evaluation and Program Planning, Vol. 20, No. 4, pp. 507-516, 1997 Q 1997 Elsevier Science Ltd. All rights reserved A.Cooperation between Agency, Consultants and Facility is essential B.Loss of familiar surroundings is confusing and stressful C.Relocation can result in a loss of feeling of security Effects of Relocation on Displacees

D. Structure of the Facilities 1.For profit (nursing homes, rehabilitation programs) 2.Non-Profit (homeless shelters) 3.Government Agency E. Benefits 1.Moving, and 2.Reestablishment or 3.In lieu 4.Functional replacement (govt. owner occupants) Which Non-Residential Benefit categories apply to shelters and nursing homes?

Non-Residential Replacement Sites Difficult to find for shelters Usually requires down town, urban setting near clientele If partial taking, can facility re-configure on site?

Continuation of Services A.Meals 1.May require alternative cooking facilities B.Medical Care 1.May require stays at hospitals until replacement is ready C. Education 1.May be court-ordered D.Security 1.Programs may involve persons with criminal records

To make it just a little more complicated California: Non-profit, special purpose property means property which is operated for a special nonprofit, tax-exempt use such as a school, church, cemetery, hospital, or similar property. Non-profit, special use property does not include property owned by a public entity. (emphasis added) (California Code of Civil Procedure 1235.155) California: Special use or special purpose property is property that, because of its uniqueness, has no relevant market for purpose of comparable sales. (Condemnation Practice in CA) The statutory definition of market value has been modified to add that a just and equitable method of determining the value of nonprofit, special use property as defined, for which there is no relevant, comparable market is: The cost of purchasing land and the reasonable cost of making it suitable for the conduct of the same nonprofit, special use, together with the cost of constructing similar improvements. (Caltrans Right of Manual Chapter 7)

The new provisions are applicable only if the property meets all four of the following criteria: 1.The subject property is operated for a special, nonprofit use. 2.The operator must have an exempt status with the State or Federal Income Tax offices. 3.The property is not owned by a public entity. 4.There is no relevant, comparable market data. 5.Relocation Agent must be careful not to duplicate reestablishment benefits To make it just a little more complicated

Key Take Aways Allocate sufficient time to work with displacees Work closely with agency and facilities to explore options Consider practical implications before implementing benefits

QUESTIONS AND ANSWERS

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Presented by: Darryl Root, J.D., MBA, R/W-RAC UNUSUAL RESIDENTIAL RELOCATIONS THE ISSUES INVOLVED AND HOW TO PREPARE FOR THEM