Chapter 20: Last Resort Housing

Section 1: Overview

Purpose

This chapter’s purpose is to present policies and procedures for replacement housing on a reasonable cost basis when it is determined that comparable replacement housing cannot be made available under normal conditions and cost limitations. Any decision to provide last resort housing assistance must be adequately justified by one of the following criteria.
On an individual basis, and for good cause, appropriate consideration was given to:
  • the availability of comparable replacement housing in the project area;
  • the resources available to provide comparable housing; and
  • the individual circumstances of the displacee.
By a determination that:
  • there is little, if any, comparable replacement housing available to the displacee within an entire project area
    and
     last resort housing is necessary for the entire area; and
  • a project cannot proceed to completion in timely manner without last resort housing assistance; and
  • the method selected for providing last resort housing assistance is cost effective, considering all elements contributing to total project costs.

Applicability

Provisions for last resort housing may be applied when comparable replacement housing is available for the displaced person,
but
:
  • the sum of the computed replacement housing supplement, including incidental expenses and increased interest, is estimated to exceed the
    $41,200
    limitation for 90-day owner-occupants of conventional dwellings or displaced mobile homes with a 180-day bona fide mortgage on the displacement dwelling; or
  • the sum of the computed replacement housing supplement, including incidental expenses, is estimated to exceed the
    $41,200
    limitation for 90-day owner-occupants of conventional dwellings or displaced mobile homes; or
  • the computed rent supplement exceeds the
    $9,570
     limitation for replacement housing for 90-day occupants of displaced conventional housing and mobile homes; or
  • the computed rent supplement exceeds the
    $9,570
     limitation for replacement housing for less than 90-day owner-occupants of displaced conventional housing and mobile homes; or
  • it cannot be made available to a late residential occupant within his/her financial means.

Basic Rights of Persons Displaced

No person is required to move from a displacement dwelling unless comparable housing is available. No person may be deprived of any rights under
Public Law 91-646
.

Ownership or Tenancy Status

TxDOT shall provide a comparable replacement dwelling that places the displacee in the same ownership or tenancy status possessed before displacement. TxDOT’s obligation is fulfilled when a comparable replacement dwelling is made available to the displacee in compliance with provisions for last resort housing. At the request of the displacee, TxDOT may provide a dwelling which changes the ownership or tenancy status of the displacee if the dwelling is available and can be provided at a cost which will not exceed the amount required to relocate the displacee to a comparable dwelling in the same ownership or tenancy status possessed before displacement.