760 Mass. Reg. 27.01

Current through Register 1521, May 10, 2024

Section 27.01 - Purpose, Effective Date, Coverage and Definitions

(1)Purpose. The purpose of 760 CMR 27.00 is:

(a) To ensure fair, equitable, and consitent treatment of displaced persons and businesses.

(b) To minimize the adverse impact of displacement on residents and businesses in order to help maintain the economic and social well-being of communities.

(c) To prevent the closure of businesses, to the maximum extent feasible.

In applying the requirements of 760 CMR 27.00, each displacing agency and relocation advisory agency should make every reasonable effort to understand the needs of displaced persons and businesses, and recognize the existence of special circumstances of displaced persons.

(2)Effective Date. The effective date of 760 CMR 27.00 is July 1, 1998. On that date, prior relocation regulations promulgated on January 1, 1978 were replaced in their entirety by 760 CMR 27.00, provided that the prior regulations shall be applicable to covered activities for which a relocation plan has been approved by the Bureau prior to that date, or for which a relocation plan for a project with Federal Funding was submitted to the Bureau for information purposes.

(3)Coverage. The policies and requirements for relocation assistance and payments apply to the following activities if they result in the displacement of persons or businesses (the "covered activities"):

(a) Any taking of real property by eminent domain, negotiated sale, or other means by any public agency or other entity with eminent domain powers.

(b) State- aided urban renewal.

(c) Privately-financed urban renewal which requires approval under M.G.L. c. 121B.

(d) Construction of state-aided public housing.

(e) Construction of state colleges and other public facilities.

(f) Construction of local schools .

(g) Local public works and other public improvements.

(h) Projects undertaken in accordance with M.G.L. c. 121A.

(i) Any other activity for which relocation assistance is provided under the provisions of M.G.L. c. 79A.

(4)Coverage with Limitation. Persons displaced by projects undertaken by a person utilizing publicly issued, insured or subsidized mortgage financing shall be eligible for actual, reasonable, documented expenses in moving personal property in accordance with M.G.L. c. 79A, § 14. Persons displaced by the order of a public agency to vacate real property acquired by a public agency for the enforcement of 105 CMR 410.000: Article II of the State Sanitary Code shall be eligible for relocation payments for actual, reasonable, documented expenses in moving personal property in accordance with M.G.L. c. 79A, § 13.

(5)Definitions. The definitions in M.G.L. c. 79A, § 1 apply to 760 CMR 27.00. In addition, the following definitions shall apply:

Comparable function item - an item of personal property which is the same or reasonably similar to an item of personal property not moved but which is substituted by a displaced business. Such an item should be the same relative size as the item not moved, but need not be exactly the same so long as the function the item performs for the business is the same.

Displacing agency - any agency or person carrying out a covered activity which causes or will cause a legal occupant to become a displaced person.

Displaced person - the definition of "displaced person" is set out in M.G.L. c. 79A, § 1 as follows: "any person who, on or after the effective date of this act, moves from real property, or moves his personal property from real property as a result of the acquisition of such property or the receipt of a written order to vacate real property, for a program or project undertaken by an agency or person required to provide relocation assistance under this act." In addition, as used herein, persons considered not displaced include the following:

(a) A person who moves before the initiation of negotiations, unless the displacing agency determines that the person was displaced as a direct result of the program or project; or

(b) A person who initially enters into occupancy of the property after the date of its acquisition for the project; or

(c) A person who has occupied the property for the purpose of obtaining relocation assistance under M.G.L. c. 79A; or

(d) An owner-occupant who moves as a result of an acquisition as described in 49 CFR 24.101(a)(1) and (2), as amended, or as a result of the rehabilitation or demolition of real property. (However, the displacement of a tenant as a direct result of a any acquisition, rehabilitation, or demolition for a state or state assisted project is subject to this part); or

(e) A person who the displacing agency determines is not displaced as a direct result of a partial acquisition; or

(f) A person who, after receiving a notice of relocation eligibility, is notified in writing that they will not be displaced for a project. Such notice shall not be issued unless the person has not moved and the agency agrees to reimburse the person for any expenses incurred to satisfy any binding contractual obligations entered into after the effective date of the notice of relocation eligibility; or

(g) An owner-occupant who voluntarily conveys his or her property, as described at 49 CFR 24.101(a)(1) and (2) as amended, after being informed in writing that if a mutually satisfactory agreement on terms of the conveyance cannot be reached, the displacing agency will not acquire the property. In such cases, however, any resulting displacement of a tenant would result in the tenant being considered a displaced person; or

(h) A person who retains the right of use and occupancy of the real property for life following its acquisition by the displacing agency; or

(i) A person who is determined to be in unlawful occupancy prior to the initiations of negotiations or a person who has been evicted for cause, under applicable law.

Dwelling - the definition of "dwelling" is set out in M.G.L. c. 79A, § 1 as follows: "a single-family building, single-family unit, including a non-housekeeping unit, in a two-family or multifamily building, a unit of a condominium or cooperative housing project, a manufactured home, or other residential unit." In addition, as used herein, the term means the place of permanent or customary and usual residence of a person.

Initiation of negotiations - the definition of "initiation of negotiation" is set out in M.G.L. c. 79A, § 1, as follows: "the date the acquiring agency makes the initial written offer to the owner of real property to be acquired for a project of an amount established by the agency as just compensation for the property. In instances where acquisition does not occur, initiation of negotiations shall mean the date of vacating." In addition, as used herein, the term means the date the acquiring agency makes the initial written offer to the owner of real property to be acquired for a project of an amount established by the agency as just compensation for the property in cases where displacement results from the acquisition of real property by a public agency. If the public agency issues a notice of its intent to acquire the real property, and a person moves after that notice, but before delivery of the initial written purchase offer, the "initiation of negotiations" means the actual move of the person from the property. In cases where displacement is caused by rehabilitation, demolition, or privately undertaken acquisition of real property (and there is no related acquisition by a public agency) then the "initiations of negotiations" shall mean the notice to the person that he or she will be displaced by the project or, if there is no such notice (other than a notice of non-displacement) the actual move of the person from the property.

Relocation advisory agency - a relocation agency as defined in M.G.L. c. 79A, § 2.

Tenant - a person who has the temporary legal use and occupancy of real property owned by another.

Unlawful occupancy - A person is considered to be in unlawful occupancy of real property if the person has been ordered to move by a court of competent jurisdiction prior to the initiation of negotiations or is determined by the displacing agency to be a squatter who is occupying the real property without the permission of the owner and otherwise has no legal right to occupy the property under State law. A displacing agency may, at its discretion, consider such a squatter to be in lawful occupancy.

Advice and Assistance. Upon request, the Bureau shall provide advice and assistance in implementing and interpreting 760 CMR 27.00.

760 CMR 27.01