Whenever federal funds or financial assistance are used in connection with public or private projects to acquire, rehabilitate, or demolish real property, it can result in the displacement of people, amongst other affected parties. Federal and state relocation rules can turn a well-planned project sideways if statutory notice, timing, or payment requirements are not followed. Housing authorities, developers, and landlords often juggle tight budgets with strict timelines, all while keeping families housed. Casey, Burns & Jean-Felix, PLLC guides public and private clients through property acquisitions, rehabilitations, or demolitions and related temporary or permanent displacements across Massachusetts and New Hampshire. Backed by the century-long legacy of Casey Lundregan Burns, P.C., our team brings servant leadership, integrity, and results-focused counsel to every project.
Overview of the Uniform Relocation Act (URA)
The URA (49 C.F.R. 24) sets nationwide rules for acquisitions and relocations for projects receiving federal funding where residents will be temporarily or permanently displaced from their current housing. The goal of the URA is to keep tenants in the same position they would be in if not for the relocation, and it builds in clear notice, advisory, and payment requirements. Failure to follow these requirements often causes these projects to be unnecessarily delayed. If the project receives both federal and state funding, both statutes and applicable regulations must be complied with for the project to proceed.
Federally Funded Projects and HUD Programs
URA rules apply to many HUD-assisted projects, as well as projects receiving Community Development Block Grants (CDBG), HOME grants, or any other federal funding. The URA applies to CDBG and HOME projects that demolish or convert low-to-moderate-income units and cause residents to be temporarily or permanently displaced.
Failing to follow these legal requirements can lead to funding gaps, project delays, loss of funding, and costly disputes. Early planning usually prevents those headaches.
Overview of State Relocation Requirements
Similar to the URA, the state has promulgated its own rules for acquisitions and relocations for projects receiving state funding where residents will be temporarily or permanently displaced from their current housing (760 CMR 27.00 and M.G.L. c. 79A § 14). Similar to the goals of the URA, the state requirements aim to keep tenants in the same position they would be in if not for the relocation, and it builds in clear notice, advisory, reasonable accommodations as needed, and payment requirements. Failure to follow these requirements often causes these projects to be unnecessarily delayed. If the project receives both federal and state funding, both statutes must be complied with for the project to proceed.
How Casey, Burns & Jean-Felix, PLLC Can Support Your Project
Our attorneys work with housing authorities, public agencies, and developers from planning to project completion, and also throughout the implementation of the project and beyond, assisting these players in the enforcement of relocation plans and applicable program rules to facilitate timely closing and funding of the project, while also aiming to ensure that their investor partners receive maximum tax credits accordingly.
Proactive Relocation Planning
We help set realistic budgets, draft timelines for notices, and map advisory services so tenants are not left guessing. Early planning limits confusion among contractors and property managers.
Our team prepares, reviews, and enforces Residential Anti-displacement and Relocation Assistance Plans, known as RARAPs, that align with funding sources and local codes.
Relocation Assistance and Mandatory Notices
We help with issuing timely relocation notices at every stage of the project. Each one has its own purpose and timing rules under the URA, state, and HUD guidance, as follows:
- General Information Notice, sent early to warn that the project is under consideration and to avoid moves that could affect eligibility.
- Notice of Relocation Eligibility, confirming that the person qualifies for assistance and outlining advisory services and payments.
- 120-Day Notice to Vacate, gives the resident advance notice of the earliest date they would be required to move by.
- 90-Day Notice to Vacate, gives the resident advance notice of the earliest date they would be required to move by, the specific address they would be relocated to, and a list of relocation services available to the resident. If the date us bit ascertained, the notice must also indicate the occupant will receive a 30-day notice with the specific date.
- 30-Day Notice gives the specific date the resident will be required to move by, as well as the specific replacement housing.
We issue the foregoing notices in full compliance with federal and state statutes and regulations to avoid surprises for the residents and stakeholders.
Administrative Advocacy and Policy Guidance
We review agency policies against HUD Handbook 1378, Title 49 C.F.R. 24, 760 CMR 27.00, and M.G.L. c. 79A § 14 to recommend updates that match your program funding sources’ legal requirements. We also provide training sessions to keep staff aligned on notices, timelines, and inspections, in addition to advising our clients in their administration of any relocation plans that will yield timely compliance with project deadlines.
Managing Disputes and Litigation
We provide legal recourse relative to the enforcement of relocation plans and/or leases, as needed, successfully bringing civil enforcement actions to court for injunctive relief on an expedited basis to gain tenants’ compliance with the project mandates.
Our attorneys have a high rate of success in bringing forward such actions in Housing Court, often yielding the relief our clients seek within a couple of weeks via these expedited actions.
When appropriate, we negotiate administrative settlements that close issues fast and keep construction schedules intact. When, in spite of our clients’ best efforts or the foregoing civil actions, no amicable resolution can be attaine,d and tenants continue their non-compliant behavior, we have an equally successful record of bringing forward eviction actions under Massachusetts Chapters 186 and 239, and in exceptional matters under Chapter 139.
That combination helps projects run efficiently towards each deadline. Your projects keep moving while rights are respected.
Common Compliance Challenges in Property Development
Even well-run projects hit hiccups. The trick is to sort them fast and document them well.
Practical Tips for Authorities and Landlords
Simple steps, done every time, pay off in lower risk and smoother audits.
- Maintain clear intake forms and site interviews to determine program eligibility.
- Log and categorize lawful tenants, unauthorized occupants, and those ineligible for assistance consistently.
- Keep written logs of all contacts, site visits, valuations, and advisory services.
- Use standard notice templates, versioned by program source and date.
- Get legal review before the first General Information Notice or offer goes out, especially on mixed-funding projects.
- Schedule inspections early and keep photos with timestamps in the file.
- Document comparable units offered, including rent, utilities, and pass/fail notes.
Those habits build trust with funders and reduce noise when questions pop up.
Frequently Asked Questions
Here are quick answers to issues we hear most often. If your situation is different, reach out, and we will talk it through.
What happens if an amicable settlement cannot be reached during voluntary acquisition?
If the acquiring agency lacks eminent domain power, it must tell the owner that the property will not be acquired. The file should reflect that the offer was strictly voluntary.
If an offer is reached, tenants displaced by the voluntary sale remain eligible for relocation assistance if they meet program rules. Notices and payments flow just as they would under any covered acquisition.
Housing quality standards still control before any payment is released.
What does ‘Decent, Safe, and Sanitary’ (DSS) mean under the URA?
DSS housing is structurally sound, has enough bedrooms and living space for the household, and meets local code. It must have working systems, weather protection, and be free of hazards.
Comparable replacement dwellings must pass a DSS inspection before relocation payments can be paid. This protects households and keeps files clean for review.
Programs differ on timing and duration of benefits.
How do Section 104(d) requirements differ from standard URA rules?
Section 104(d) applies to CDBG and HOME activities. It often uses a 60-month rental assistance period, compared to 42 months under the URA.
It also carries a one-for-one replacement rule for demolished or converted low-to-moderate-income units. Projects should plan for both displacement payments and unit replacement costs.
Keep Your Relocation Project Compliant and on Schedule
Projects involving federally funded acquisitions, demolitions, or tenant relocation require careful attention to notice, eligibility, benefits, and documentation. Casey, Burns & Jean-Felix, PLLC helps public agencies, housing authorities, developers, and property owners address Uniform Relocation Act requirements with practical guidance and a clear plan for each stage.
If your project involves relocation compliance, call 978-878-3519 or reach out through our Contact Us page to schedule a consultation. We welcome your questions and are ready to help you reduce risk, meet deadlines, and keep the project moving forward.