Section 2: Provisions

Overview

This incentive payment is offered to maximize relocation benefits to eligible tenants, to assist landlords in retaining rental income until possession by TxDOT, and to minimize additional payments required by TxDOT for late residential occupants. This payment does not affect any entitlement to, or amount of, any other relocation benefits due the displaced tenant. Participation in this incentive is solely at the election of the displacee. If the displaced tenant chooses to participate in this incentive, available comparable housing will be evaluated prior to the final move. If comparable housing is no longer available within the parameters of the original rental supplement, a revision will be required.

Amount of Payment

The continued occupancy incentive payment for each approved project will be based on the overall average rent for residential properties within the project, multiplied by four months. ROW PD will provide rental rates for dwellings on the project, along with the request to utilize this payment. The ROW Program Office will analyze these rates and establish an average rent. There are no provisions for a partial payment, only the full amount, if the displaced tenant continues to occupy the displacement site until TxDOT’s possession, either through negotiations or eminent domain. If for any reason the displaced tenant decides to move prior to TxDOT’s possession, he/she forfeits any claim to this incentive payment.

Process

Prior to the issuance of the 90-day notice, containing the approved rental supplement amount and available comparable(s), the displaced tenant will be informed of this incentive payment and the requirements to qualify for the payment. If they elect to participate, the following process shall be utilized:
  • ROW PD shall have the displaced tenant indicate that they understand and elect to participate in this optional benefit, and shall note such election on form
    ROW-R-96 Relocation Advisory Assistance Parcel Record
    .
  • ROW PD shall compute the eligible rental assistance supplement and issue a 90-day notice to the tenant, in the normal manner outlined in
    Entitlements for 90-Day Occupants
    .
  • ROW PD shall continue to offer all relocation assistance advisory services as required by the displaced tenant.
  • Upon possession of the real property by TxDOT, ROW PD personnel shall verify that replacement housing is still available to the displaced tenant for the rental cost of the originally selected comparable dwelling. If the cost of comparable housing has increased, a revision to the original supplement will be computed and submitted to the ROW Program Office for compliance review.
  • Once the new supplement is approved or the original rental supplement is deemed adequate and the move is completed, ROW PD shall submit a claim on behalf of the displaced tenant for the rental supplement, moving costs for the move of personal property, and a separate claim for the continued occupancy incentive payment. The incentive payment will be submitted as an “actual cost” residential moving expense, and be designated as “continued occupancy incentive” in TxC.