Section 27.03 - Relocation Plans(1)General. Relocation plans shall be filed with the Bureau for any covered activity involving the displacement of the occupants of more than five dwelling units or business units. The purpose of relocation planning is to provide an opportunity in advance of property acquisition or project commencement to consider relocation problems, and to provide feasible and realistic solutions to these problems. A relocation plan should describe the anticipated impact of a project on legal occupants to be displaced and ensure that adequate provision has been made for their needs. Relocation planning does not require the collection of unnecessary facts and data; however, there is a correlation between the complexity of a project and the detail to be included in an acceptable relocation plan.(2)Scope of Review. The Bureau shall review relocation plans to determine whether there has been compliance with M.G.L. c. 79A, § 4 and any applicable regulations, whether adequate provision has been made for the needs of legal occupants, and whether there are adequate relocation housing and business locations for such occupants. The Bureau shall receive for informational purposes a relocation plan which is required to be examined and reviewed by an agency or department of the federal government and involves relocation assistance reimbursable in whole or in part by the federal government, provided that if M.G.L. c. 79A imposes requirements in addition to those in federal law, the Bureau shall review the plan to ensure compliance with those requirements in M.G.L. c. 79A.(3)Timing. The displacing agency shall submit a relocation plan to the Bureau at least 45 days before the anticipated date of property acquisition or project commencement. In a project where there is an extended period of time between project stages, the displacing agency may submit the relocation plan for approval in stages. The relocation plan for a project involving reimbursement by the federal government shall be submitted to the Bureau at the time submitted to the federal government.(4)Notices to Site Occupants. At the time the displacing agency submits the relocation plan to the Bureau, it shall notify affected legal occupants that the relocation plan is available for review, and shall provide these occupants with a reasonable period of time to submit written comments to the Bureau. Any written comments received by a displacing agency regarding a relocation plan shall be forwarded to the Bureau at the end of the comment period.(5)Bureau Action on the Plan. After reviewing a relocation plan and any written comments, the Bureau shall determine whether the plan meets the requirements set out in 760 CMR 27.03(2) (Scope of Review); if so, the Bureau shall approve the plan. If the plan does not meet these requirements, the Bureau may: (a) approve the relocation plan subject to satisfaction of appropriate conditions or restrictions,(b) defer approval of the relocation plan pending receipt of additional information sufficient to fulfill the requirements set out in 760 CMR 27.03(2), or(c) disapprove the relocation plan Displacement of legal occupants for any particular project shall not proceed until the Bureau approves the relocation plan and any applicable appropriate conditions or restrictions have been satisfied.(6)Contents of a Relocation Plan. Relocation plans which involve the displacement of legal occupants of more than five dwelling units or business units shall contain the following information. If some of the requisite information cannot reasonably be obtained, the plan shall specify the reason. (a) Narrative description of the program for relocation(b) The number of individuals, families, and business concerns to be displaced(c) The date on which displacement is expected to begin(d) A description of the needs of the displaced occupants for relocation assistance. For residential occupants who rent, this should include necessary unit size, maximum rent, and any specific needs such as location or accessibility features. For residential occupants, who own, this should include necessary unit size, maximum purchase price and any specific needs. For business occupants, who rent, this should include the needed number of square feet, space layout, maximum rent, and any specific needs. For business occupants, who own, this should include the needed number of square feet, space layout, maximum price, maximum carrying cost, and any specific needs.(e) The availability of safe and sanitary housing, commercial buildings or sites within the means of the occupants to be displaced and meeting their specific needs.(f) An estimate of the total cost of relocation.(g) A description of available funds or funding commitments to pay such costs.(h) A statement of assurance signed by the head of the displacing agency stating that relocation assistance and payments will be provided to the displaced occupants in accordance with the relocation plan and applicable laws.(i) A statement demonstrating that the plan is coordinated with other planned or proposed land acquisitions in the area which are likely to affect the carrying out of the relocation program.(j) A copy of the real/personal property report as described in 760 CMR 27.03(8).(k) A summary of procedures to be followed in cases of temporary moves, or other policies deemed pertinent by the displacing agency.(l) A summary of appeal procedures available to the occupants. In preparing the relocation plan, care shall be taken to respect the privacy rights of the persons to be displaced. Any personal data which is necessary for the plan shall be contained in an addendum or otherwise formatted so that it will be kept confidential by all holders of the data. The provisions of M.G.L. c. 66A shall be observed by all such holders of personal data. Housing and redevelopment authorities shall also comply with the provisions of 760 CMR 8.00 with respect to personal data.
(7)Small Projects Relocation Plans. Relocation plans do not need to be filed with the Bureau for covered activity displacing the legal occupants of five or fewer dwellings or business units. However, the Bureau will review relocation plans for such displacements.(8)Real/ Personal Property Reports for Businesses. Unless denied reasonable access to property, in cases where displacement of a business will be caused by a covered activity, the displacing agency or the relocation advisory agency shall prepare a real/personal property report before acquisition of the property. This report shall identify what property is to be acquired by the agency as real property subject to taking. This report shall also identify personal property (see M.G.L. c. 79A, § 1). When preparing real/personal property reports, the agency shall consult with the real property appraisers, the property owner, the business/tenant, and relocation staff if there is a question whether an item is real or personal property. Real/personal property reports shall be updated as necessary.(9)Suspension of Relocation Plan Approva l. Approval of a relocation plan may be suspended by the Bureau if it determines that the displacing agency or the relocation advisory agency is proceeding with a project in disregard of the approved relocation plan and that the relocation assistance being given is inadequate. Upon receipt of written notice by the displacing agency and the relocation advisory agency of suspension of approval of a relocation plan, the displacing agency shall not further displace legal occupants until the Bureau provides notice to the displacing agency that the suspension is withdrawn. A notice of plan suspension shall be sent by certified mail, and shall state specific reasons for the suspension and the measures which must be taken in order to remove the suspension. Within five days of the receipt of a notice of suspension, the displacing agency may make a written request for a hearing by the Department as to whether good cause for suspension exists. The hearing shall be subject to the provisions of M.G.L. c. 30A. The Department shall promptly render a written decision.