Relocation Assistance Policy

Op8.19 Relocation Assistance Policy

General
This policy describes the relocation program which will be provided to persons displaced by any Missouri State project in which federal financial assistance is received. Missouri State recognizes the impact which displacement can have upon individuals, families and businesses. This relocation policy is implemented in order to provide financial assistance and advisory services to displaced persons to help them find other facilities suitable to their needs and requirements.

Relocation assistance is available to all eligible persons and businesses which meet the definition of "displaced person" in Section II of this policy. The relocation assistance available to businesses, farm operations and non-profit organizations is described in Section III. The relocation assistance available to displaced residents is described in Section IV. Sections V and VI describe other relocation services available under this policy, as well as the requirements for filing and processing claims.

This relocation policy and program will be administered by the Administration and Finance Division of Missouri State. Any questions concerning this policy should be referred to the Office of the Vice President for Administration and Finance, Missouri State University, 901 South National Avenue, Springfield, MO 65897, Telephone 417-836-5233.

This policy conforms to the Uniform Relocation Assistance and Real Property Acquisition Act, 42 U.S.C. §4601, et seq., and the applicable regulations at 49 CFR §24. The provisions of the Act and regulations, as amended, shall control on any question concerning relocation assistance under this policy.
Eligibility for relocation assistance – definition of "displaced person"
1. The term "displaced person" means any individual, family, partnership, corporation or association which moves from the real property or moves his or her personal property from the real property:
  1. As a direct result of a written notice of intent to acquire, the initiation of negotiations for, or the acquisition of, such real property in whole or in part for a project.
  2. As a direct result of rehabilitation or demolition for a project; or
  3. As a direct result of 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 49 CFR §24.205(c), and moving expenses under 49 CFR §24.301, §24.302 or §24.303.
  4. This includes a person who occupies the real property prior to its acquisition, but who does not meet the length of occupancy requirements for replacement housing payments under 49 CFR §§24.401-402.
2. Persons not displaced. The following is a nonexclusive listing of persons who do not qualify as displaced persons under this part:
  1. A person who moves before the initiation of negotiations, unless Missouri State determines that the person was displaced as a direct result of the program or project; or
  2. A person who initially enters into occupancy of the property after the date of its acquisition for the project; or
  3. A person who has occupied the property for the purpose of obtaining assistance under the Uniform Act;
  4. A person who is not required to relocate permanently as a direct result of a project. Such determination shall be made by Missouri State in accordance with any guidelines established by the Federal agency funding the project; or
  5. An owner-occupant who moves as a result of an acquisition as described at 49 CFR §24.101(a)(1) and (2), or as a result of the rehabilitation or demolition of the real property. (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
  6. A person who Missouri State determines is not displaced as a direct result of a partial acquisition; or
  7. 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 notice shall not be issued unless the person has not moved and Missouri State 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; or
  8. An owner-occupant who voluntarily conveys his or her property, after being informed in writing that if a mutually satisfactory agreement on terms of the conveyance cannot be reached, Missouri State will not acquire the property. In such cases, however, any resulting displacement of a tenant is subject to the regulations in 49 CFR §24; or
  9. A person who retains the right of use and occupancy of the real property for life following its acquisition by Missouri State; or
  10. A person 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 or Public Law 93-303; or
  11. A person who is determined to be in unlawful occupancy prior to the initiation of negotiations or a person who has been evicted for cause, under applicable law.
Relocation payments and relocation assistance to businesses
This section describes the relocation payments and assistance which must be provided to businesses, farm operations and non-profit organizations displaced by Missouri State projects. These payments may include moving expenses, expenses of reestablishment of the business, or a fixed payment in lieu of moving and reestablishment expenses.
1. Payments for actual reasonable moving and related expenses
  1. Eligible Costs.
    Any business or farm operation which qualifies as a displaced person is entitled to payment for such actual moving and related expenses, as Missouri State determines to be reasonable and necessary, including expenses for:
    1. Transportation of personal property.
      Transportation costs for distances beyond 50 miles are not eligible, unless Missouri State determines that relocation beyond 50 miles is justified.
    2. Packing, crating, unpacking, and uncrating of the personal property.
    3. Disconnecting, dismantling, removing, reassembling, and reinstalling located machinery, equipment, and other personal property, including substitute personal property. This includes connection to utilities available nearby. It also includes modifications to the personal property necessary to adapt it to the replacement structure, the replacement site, 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.)
    4. Storage of the personal property for a period not to exceed 12 months, unless Missouri State determines that a longer period is necessary.
    5. Insurance for the replacement value of the personal property in connection with the move and necessary storage.
    6. Any license, permit, or certification required of the displaced person at the replacement location. However, the payment may be based on the remaining useful life of the existing license, permit, or certification.
    7. The replacement value of property lost, stolen or damaged in the process of moving (not through the fault of negligence of the displaced person, his or her agent, or employee) where insurance covering such loss, theft, or damage is not reasonably available.
    8. Professional services necessary for (1) Planning the move of the personal property; (2) moving the personal property; and (3) installing the relocated personal property at the replacement location.
    9. Relettering signs and replacing stationery on hand at the time of displacement that are made obsolete as a result of the move.
    10. 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:
      1. The fair market value of the item for continued use at the displacement site, 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 Missouri State determines that such effort is not necessary. 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 price.); or
      2. The estimated cost of moving the item, but with no allowance for storage. (If the business or farm operation is discontinued, the estimated cost shall be based on a moving distance of 50 miles.)
    11. The reasonable cost incurred in attempting to sell an item that is not to be relocated.
    12. Purchase of substitute personal property. 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:
      1. The cost of the substitute item, including installation costs at the replacement site, minus any proceeds from the sale or trade-in of the replaced item; or
      2. The estimated cost of moving and reinstalling the replaced item but with no allowance for storage. At Missouri State’s discretion, the estimated cost for a low cost or uncomplicated move may be based on a single bid or estimate.
    13. Searching for a replacement location. A displaced business or farm operation is entitled to reimbursement for actual expenses, not to exceed $1,000, as Missouri State determines to be reasonable, which are incurred in searching for a replacement location, including:
      1. Transportation.
      2. Meals and lodging away from home.
      3. Time spent searching, based on reasonable salary or earnings.
      4. Fees paid to a real estate agent or broker to locate a replacement site, exclusive of any fees or commissions related to the purchase of such site.
    14. Other moving-related expenses that are not listed as ineligible and which Missouri State determines to be reasonable and necessary.
  2. Expenses which are ineligible for reimbursement include the following:
    1. The cost of moving any structure or other real property improvement in which the displaced person reserved ownership; or
    2. Interest on a loan to cover moving expenses; or
    3. Loss of goodwill; or
    4. Loss of profits; or
    5. Loss of trained employees; or
    6. Any additional operating expenses of a business or farm operation incurred because of operating in a new location except as provided in 49 CFR §24.304(a)(10); or
    7. Personal injury; or
    8. Any legal fee or other cost for preparing a claim for a relocation payment or for representing the claimant before Missouri State; or
    9. Expenses for searching for a replacement dwelling; or
    10. Physical changes to the real property at the replacement location of a business or farm operation except as provided in 49 CFR §§24.303(a)(3) and 24.304(a); or
    11. Costs for storage of personal property on real property already owned or leased by the displaced person.
  3. Notification and inspection
    1. Missouri State shall inform the displaced person, in writing, of the requirements of paragraphs b and c 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 49 CFR §24.203.
    2. The displaced person must provide Missouri State reasonable advance written notice of the approximate date of the start of the move or disposition of the personal property and a list of the items to be moved. However, Missouri State may waive this notice requirement after documenting its file accordingly.
    3. The displaced person must permit Missouri State to make reasonable and timely inspections of the personal property at both the displacement and replacement sites and to monitor the move.
  4. Self Moves. If the displaced person elects to take full responsibility for the move of the business or farm operation, Missouri State may make a payment for the person's moving expenses in an amount not to exceed the lower of two acceptable bids or estimates obtained by Missouri State or prepared by qualified staff. At Missouri State's discretion, a payment for a low cost or uncomplicated move may be based on a single bid or estimate.
  5. Transfer of Ownership. Upon request and in accordance with applicable law, the claimant shall transfer to Missouri State ownership of any personal property that has not been moved, sold, or traded in.
  6. Advertising Signs. The amount of a payment for direct loss of an advertising sign which is personal property shall be the lesser of:
    1. The depreciated reproduction cost of the sign, as determined by Missouri State, less the proceeds from its sale; or
    2. The estimated cost of moving the sign, but with no allowance for storage.
2. Payment for actual reasonable reestablishment expenses
  In addition to moving and related expenses, small businesses are eligible to receive a payment, not to exceed $10,000, for expenses actually incurred in relocating and reestablishing such small business, farm, or non-profit organization at a replacement site.
  1. Eligible Expenses. Reestablishment expenses must be reasonable and necessary, as determined by Missouri State. They may include, but are not limited to, the following:
    1. Repairs or improvements to the replacement real property as required by Federal, State, or local law, code or ordinance.
    2. Modifications to the replacement property to accommodate the business operation or make replacement structures suitable for conducting the business.
    3. Construction and installation costs for exterior signing to advertise the business.
    4. Provision of utilities from right-of-way to improvements on the replacement site.
    5. Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint, paneling, or carpeting.
    6. Licenses, fees, and permits when not paid as part of moving expenses.
    7. Feasibility surveys, soil testing, and marketing studies.
    8. Advertisement of replacement location.
    9. Professional services in connection with the purchase or lease of a replacement site.
    10. Estimated increased costs of operation during the first 2 years at the replacement site for such items as:
      1. Lease or rental charges;
      2. Personal or real property taxes;
      3. Insurance premiums, and
      4. Utility charges, excluding impact fees.
    11. Impact fees or one-time assessments for anticipated heavy utility usage.
    12. Other items that Missouri State considers essential to the reestablishment of the business.
    13. Expenses in excess of the regulatory maximums set forth in paragraphs c, h, and j of this section may be considered eligible if large and legitimate disparities exist between costs of operation at the displacement site and costs of operation at an otherwise similar replacement site. In such cases the regulatory limitation for reimbursement of such costs may, at the request of Missouri State, be waived by the Federal agency funding the program or project, but in no event shall total costs payable under this section exceed the $10,000 statutory maximum.
  2. Ineligible Expenses. The following is a nonexclusive listing of reestablishment expenditures not considered to be reasonable, necessary, or otherwise eligible:
    1. Purchase of capital assets, such as, office furniture, filing cabinets, machinery, or trade fixtures.
    2. Purchase of manufacturing materials, production supplies, product inventory, or other items used in the normal course of the business operation.
    3. Interior or exterior refurbishments at the replacement site which are for aesthetic purposes, except as provided in paragraph 1e of this section.
    4. Interest on money borrowed to make the move or purchase the replacement property.
    5. Payment to a part-time business in the home which does not contribute materially to the household income.
3. Fixed payment in lieu of moving and reestablishment expenses
  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 actual reasonable reestablishment expenses. Such a payment shall equal the average annual net earnings of the business, as computed in accordance with 49 CFR §24.306(e), but not less than $1,000 nor more than $20,000. The displaced business is-eligible for the payment if Missouri State determines that:
    1. 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.
    2. 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 Missouri State determines that it will not suffer a substantial loss of its existing patronage; and
    3. The business is not part of a commercial enterprise having more than three other entities which are not being acquired by Missouri State, and which are under the same ownership and engaged in the same or similar business activities.
    4. The business is not operated at a displacement dwelling solely for the purpose of renting such dwelling to others.
    5. The business is not operated at the displacement site solely for the purpose of renting the site to others.
    6. The business contributed materially to the income of the displaced person during the 2 taxable years prior to displacement.
  2. Farm operations and non-profit organizations
    Farm operations and nonprofit organizations must follow specific guidelines in order to receive fixed payments in lieu of moving and reestablishment expenses. These requirements are set forth at 49 CFR §24.306(c)(d).
4. Discretionary utility relocation payments
  Whenever a program or project undertaken by Missouri State causes the relocation of a utility facility as defined in 49 CFR §24.2, and the relocation of the facility creates extraordinary expenses for its owner, Missouri State may, at its option, make a relocation payment to the owner for all or part of such expenses. The requirements for the recovery of such expenses are set forth in 49 CFR §24.307.
Relocation assistance – residential moves
This section describes the relocation payments and assistance which must be provided for residential moves. These payments may include moving expenses, a fixed payment in lieu of moving expenses, and replacement housing expenses. In addition, comparable replacement dwelling(s) must be made available to residents prior to displacement, as described in part D below.
1. Payment for actual reasonable moving and related expenses. Any displaced owner-occupant or tenant of a dwelling who qualifies as a displaced person is entitled to payment of his or her actual moving and related expenses, as Missouri State determines to be reasonable and necessary, including expenses for:
  1. Transportation of the displaced person and personal property. Transportation costs for a distance beyond 50 miles are not eligible, unless Missouri State determines that relocation beyond 50 miles is justified.
  2. Packing, crating, unpacking and uncrating of the personal property.
  3. Disconnecting, dismantling, removing, reassembling, and reinstalling relocated household appliances, and other personal property.
  4. Storage of the personal property for a period not to exceed 12 months, unless Missouri State determines that a longer period is necessary.
  5. Insurance for the replacement value of the property in connection with the move and necessary storage.
  6. 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.
  7. Other moving-related expenses that are not listed as ineligible under 49 CFR §24.305, as Missouri State determines to be reasonable and necessary.
2. Ineligible moving and related expenses are described on page 6 at Section III, A.,2.
3. Fixed payment in lieu of payment for actual moving expenses. Any person displaced from a dwelling or a seasonal residence is entitled to receive an expense and dislocation allowance as an alternative to a payment for actual moving and related expenses. This allowance shall be determined according to the applicable schedule approved by the Federal Highway Administration. This includes a provision that the expense and dislocation allowance to a person with minimal personal possessions who is in occupancy of a dormitory style room shared by two or more other unrelated persons or a person whose residential move is performed by an agency at no cost to the person shall be limited to $50.
4. Availability of comparable replacement dwelling before displacement.
  1. General.
    No person to be displaced shall be required to move from his or her dwelling unless at least one comparable replacement dwelling has been made available to the person. Where 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:
    1. The person is informed of its location; and
    2. The person has sufficient time to negotiate and enter into a purchase agreement or lease for the property; and
    3. 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 Federal agency funding the project may grant a waiver of the policy in paragraph 1 of this section in any case where it is demonstrated that a person must move because of:
    1. A major disaster as defined in section 102(c) of the Disaster Relief Act of 1974 (42 U.S.C. 5121); or
    2. A presidentially declared national emergency; or
    3. 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 is required to relocate for a temporary period because of an emergency as described in paragraph 2 of this section, Missouri State shall:
    1. Take whatever steps are necessary to assure that the person is temporarily relocated to a decent, safe, and sanitary dwelling; and
    2. 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; and
    3. 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 the temporarily-occupied dwelling.)
5. Replacement housing payments. Owners or tenants of residential dwellings may be entitled to replacement housing payments provided they meet the requirements of 49 CFR §§24.401-505. The information in the following paragraphs describes, in general terms, the types of replacement housing payments which may be available. The regulations should be consulted in order to determine the precise replacement housing payments which may be available to displaced persons.
  1. Replacement housing payment for 180-day homeowner occupants.
    1. Eligibility. A displaced person is eligible for the replacement housing payment for a 180-day homeowner-occupant if the person has actually owned and occupied the displacement dwelling for not less than 180 days immediately prior to the initiation of negotiations, and purchases and occupies a decent, safe, and sanitary replacement dwelling within one year after the latter of the following dates:
      1. The date the 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
      2. The date Missouri State informs the person of the availability of comparable replacement dwellings.
    2. Amount of payment. The replacement housing payment for an eligible 180-day homeowner-occupant may not exceed $22,500. The payment is limited to the amount necessary to relocate a comparable replacement dwelling within one year from the date the displaced homeowner-occupant is paid for the displacement dwelling, or the date a comparable replacement dwelling is made available to such person, whichever is later. The payment amount shall be calculated in the manner set forth in 49 CFR §24.401.
  2. Replacement housing payment for 90-day occupants.
    1. Eligibility. A tenant or owner-occupant displaced from a dwelling is entitled to a payment not to exceed $5,250 for rental assistance (computed in accordance with 49 CFR §24.402(b)) or down payment assistance (computed in accordance with 49 CFR §24.402(c)) if the displaced person has actually and lawfully occupied the displaced dwelling for at least 90 days immediately prior to the initiation of negotiations, and has rented or purchased and occupied a decent, safe and sanitary replacement dwelling within one year after:
      1. For a tenant, the date he or she moves from the displacement dwelling, or
      2. For an owner-occupant, the latter of the date he 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 the date he or she moves from the displacement dwelling.
  3. 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, Missouri State may provide replacement housing as a last resort in accordance the requirements of 49 CFR §24.404.
  4. Replacement housing payments for mobile home occupants. Specific rules relating to replacement housing payments to owners, tenants or occupants of mobile homes displaced by an Missouri State project are set forth at 49 CFR §§24.501-505. These regulations should be consulted and followed in determining the amount of replacement housing payments available to a mobile home occupant.
Relocation assistance advisory program
Missouri State hereby implements a relocation assistance advisory program. This program is administered by the Missouri State Administration and Finance Division and includes such measures, facilities and services as may be necessary or appropriate in order to:
1. Determine the relocation needs and preferences of each person to be displaced and provide explanations of 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 person.
2. 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.
  1. As soon as feasible, Missouri State shall inform the person in writing of the specific comparable replacement dwelling and price or rent used for establishing the upper limit of the replacement housing payment and the basis for the determination, so that the person is aware of the maximum replacement housing payment for which he or she may qualify.
  2. Where feasible, housing shall be inspected prior to being made available to assure that it meets applicable standards. If such an inspection is not made, the person to be displaced shall be notified that a replacement housing payment may not be made unless the replacement dwelling is subsequently inspected and determined to be decent, safe, and sanitary.
  3. Whenever possible, minority persons shall be given reasonable opportunities to relocate to decent, safe, and sanitary replacement dwellings, not located in an area of minority concentration, that are within their financial means. This policy, however, does not require Missouri State to provide a person a larger payment than is necessary to enable a person to relocate to a comparable replacement dwelling.
  4. All persons, especially the elderly and handicapped, shall be offered transportation to inspect housing to which they are referred.
3. Provide current and continuing information on the availability, purchase prices, and rental costs of 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.
4. 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.
5. Supply persons to be displaced with appropriate information concerning Federal and State housing programs, disaster loan and other programs administered by the Small Business Administration, and other Federal and State programs offering assistance to displaced persons, and technical help to persons applying for such assistance.
6. Any person who occupies property acquired by Missouri State, 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 tor a program or project, shall be eligible for advisory services, as determined by Missouri State.
7. 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.
Relocation notices, claims for relocation payments, appeals and record keeping
1. Relocation notices.
  All notices Missouri State is required to provide to a property owner or occupant shall be personally served or sent by certified or registered first class mail, return receipt requested. 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.
  1. General information notice. As soon as feasible, a person scheduled to be displaced shall be furnished with a general written description of Missouri State's relocation program. The notice shall include the information required by 49 CFR §24.203(a).
  2. Notice of relocation eligibility. Missouri State shall promptly notify all occupants in writing of their eligibility for applicable relocation assistance. Eligibility for relocation assistance shall begin on the date of initiation of negotiations for the occupied property.
  3. 90-day notice. No lawful occupant shall be required to move unless he or she has received at least 90 days advance written notice of the earliest date by which he or she may be required to move. Missouri State may issue the notice 90 days before it expects the person to be displaced or earlier. The 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 30 days in advance, the specific date by which he or she must move. In unusual circumstances, an occupant may be required to vacate the property on less than 90 days advance written notice if Missouri State determines that a 90 day notice is impracticable in accordance with 49 CFR §24.203(c)(4).
2. 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. A displaced person must be provided reasonable assistance necessary to complete and file any required claim for payment.
  2. Expeditious payments. Missouri State 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 payments. If a person demonstrates the need for an advance relocation payment in order to avoid or reduce a hardship, Missouri State 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.
    1. All claims for a relocation payment shall be filed with Missouri State within 18 months after:
      1. For tenants, the date of displacement;
      2. For owners, the date of displacement or the date of the final payment for the acquisition of the real property, whichever is later.
    2. This time period shall be waived by Missouri State for good cause.
  5. Multiple occupants of one displacement dwelling. 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 Missouri State, of any relocation payments that would have been made if the occupants moved together to a comparable replacement dwelling. However, if Missouri State determines that two or more occupants maintained separate households within the same dwelling, such occupants have separate entitlements to relocation payments.
  6. Deductions from relocation payments. Missouri State shall deduct the amount of any advance relocation payment from the relocation payment(s) to which a displaced person is otherwise entitled. Similarly, a Federal agency shall, and a State agency may, deduct from relocation payments any rent that the displaced person owes Missouri State; provided that no deduction shall be made if it would prevent the displaced person from obtaining a comparable replacement dwelling. Missouri State shall not withhold any part of a relocation payment to a displaced person to satisfy an obligation to any other creditor.
  7. Notice of denial of claim. If Missouri State 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.
3. Appeals
  1. General. Missouri State shall promptly review appeals in accordance with the requirements of applicable law and 49 CFR §24.
  2. Actions which may be appealed. Any aggrieved person may file a written appeal with Missouri State in any case in which the person believes Missouri State has failed to properly consider the person's application for relocation assistance. Such assistance may include any payments required under the Act or regulations. Missouri State shall consider a written appeal regardless of its form.
  3. Time limit for initiating appeal. All appeals shall be submitted to Missouri State within 60 days after the person receives written notification of Missouri State's determination on the person's claim. The appeal shall be filed by submitting it at the Office of the Vice President for Administration and Finance of Missouri State.
  4. Right to representation. A person has a right to be represented by legal counsel or other representative in connection with his or her appeal, but solely at the person's own expense.
  5. Review of files by person making appeal. Missouri State shall permit a person to inspect and copy all materials pertinent to his or her appeal, except materials which are classified as confidential by Missouri State. Missouri State may, however, impose reasonable conditions on the person's right to inspect, consistent with applicable laws.
  6. Scope of review on appeal. In deciding an appeal, Missouri State shall consider all pertinent justification and other materials submitted by the person, and all other available information that is needed to insure a fair and full review of the appeal.
  7. Determination and notification after appeal. Promptly after receipt of all information that is submitted by a person in support of an appeal, Missouri State shall make a written determination on the appeal, including an explanation of the basis on which the decision was made, and furnish the person a copy. If the full relief requested is not granted, Missouri State shall advise the person of his or her rights to seek judicial review.
  8. Missouri State official to review appeal. The Missouri State official conducting the review of the appeal shall be either the President of Missouri State or his authorized designee. However, the official shall not have been directly involved in the action appeal.
4. Record keeping.
  Missouri State shall maintain adequate records of its acquisition and displacement activities in sufficient detail to demonstrate compliance with this policy and 49 CFR §24. These records shall be retained for at least three years after each owner of property and each person displaced from the property receives the final payment to which he or she is entitled. All records maintained by Missouri State are confidential unless applicable law provides otherwise.