C.F.R. » Title 49 » PART 24—UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION FOR FEDERAL AND FEDERALLY ASSISTED PROGRAMS › Subpart C—General Relocation Requirements

49 C.F.R. § 24.203

Relocation notices

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(a) General information notice. As soon as feasible, a person who may be displaced or who may be required to move temporarily shall be furnished with a general written description of the agency's relocation program which does at least the following:

(1) Informs the person that he or she may be displaced (or, if appropriate, required to move temporarily from his or her unit) for the project and generally describes the relocation payment(s) for which the person may be eligible, the basic conditions of eligibility, and the procedures for obtaining the payment(s);

(2) Informs the displaced person (or person required to move temporarily from his or her unit, if appropriate) that he or she will be given reasonable relocation advisory services, including referrals to replacement properties, help in filing payment claims, and other necessary assistance to help the displaced person successfully relocate;

(3) Informs the displaced person (or person required to move temporarily from his or her dwelling when required by the Federal funding agency) that he or she will not be required to move without at least 90 days advance written notice (see paragraph (c) of this section), and informs any person to be displaced from a dwelling, either permanently or temporarily (when required by the Federal funding agency), that he or she cannot be required to move unless at least one comparable replacement dwelling has been made available;

(4) Informs the displaced person or person required to move temporarily that any person who is an alien not lawfully present in the United States is ineligible for relocation advisory services and relocation payments under this part, unless such ineligibility would result in exceptional and extremely unusual hardship to a qualifying spouse, parent, or child, pursuant to § 24.208(h); and

(5) Describes to the displaced person (or persons required to move temporarily) their right to appeal the agency's determination as to a person's application for assistance for which a person may be eligible under this part.

(b) Notice of relocation eligibility. Eligibility for relocation assistance shall begin on the earliest of: the date of a notice of intent to acquire, rehabilitate, and/or demolish (described in paragraph (d) of this section); the initiation of negotiations (defined in § 24.2(a)); the date that an agreement for voluntary acquisition becomes binding (defined in § 24.2(a)); or actual acquisition. When this occurs, the agency shall promptly notify all occupants in writing of their eligibility for applicable relocation assistance.

(c) Ninety-day notice—(1) General. 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.

(2) Timing of notice. The agency may issue the notice 90 days or earlier before it expects the person to be displaced.

(3) Content of notice. 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. If the 90-day notice is issued before a comparable replacement dwelling is made available, the notice must state clearly that the occupant will not have to move earlier than 90 days after such a dwelling is made available. (See § 24.204(a).)

(4) Urgent need. In unusual circumstances, an occupant may be required to vacate the property on less than 90 days advance written notice if the agency determines that a 90-day notice is impracticable, such as when the person's continued occupancy of the property would constitute a substantial danger to health or safety. A copy of the agency's determination shall be included in the applicable case file.

(d) Notice of intent to acquire, rehabilitate, and/or demolish. A notice of intent to acquire, rehabilitate, and/or demolish is an agency's written communication that is provided to a person to be displaced, including persons required to temporarily move, which clearly sets forth that the agency intends to acquire, rehabilitate, and/or demolish the property. A notice of intent to acquire, rehabilitate, and/or demolish establishes eligibility for relocation assistance prior to the initiation of negotiations and/or prior to the commitment of Federal financial assistance to the activity. (See § 24.2 (a).)

Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1992–2023 · leading case: Wax 'N Works v. City of St. Paul, 213 F.3d 1016 (8th Cir. 2000).
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Wax 'N Works v. City of St. Paul, 213 F.3d 1016 (8th Cir. 2000). · cites it 2× “10 (b), of the city’s “determination,” see 49 C.F.R. § 24.203 (a)(5), § 24.207(g). During the succeeding two months, Wax ’n Works repeatedly requested an appeal and eventually submitted a second amended application for “relocation assistance, services, payments and benefits,”…”
Portland Nat. Gas Transmission Sys. v. 4.83 Acres of Land, 26 F. Supp. 2d 332 (D.N.H. 1998). “Since the regulation regarding prior notice of a date certain, 49 C.F.R. § 24.203 (e), is included within a subpart of the regulations that governs the provision of relocation payments and other relocation assistance, see 49 C.”
Munoz v. City of Philadelphia, 346 F. App'x 766 (3rd Cir. 2009). · cites it 2× “§ 4625 (a), nor its implementing regulation, 49 C.F.R. § 24.203 , creates a private right to notice that may be enforced via § 1983; (2) the notice provided here was not untimely under § 4625(a); and (3) the evidence was insufficient to show that the Munozes’s damages were…”
Appeal of Matthews, 614 A.2d 1061 (N.H. 1992). · cites it 2× “The appeals board ruled that the ninety-day time frame in 49 C.F.R. § 24.203 (c) “is not a time limit for the selection of comparables for determining replacement housing compensation” and that “[a] displacee cannot be forced to move from a displacement dwelling unless…”
Jensen Field Relocation Claims Jensen Field, Inc. v. Bd. of Regents, 817 N.W.2d 724 (Minn. Ct. App. 2012). “See 49 C.F.R. § 24.203 (b) (2010) (“Eligibility for relocation assistance shall begin on the date of a notice of .”
Dr. Allan L. Bergano, D.D.S., P.C. v. City of Virginia Beach, 241 F. Supp. 3d 690 (E.D. Va. 2017). “49 C.F.R. § 24.203 (a)(5) (2017). Instead of providing that information in Plaintiffs’ notice, the City relied on the appeal notice in the City’s brochure on relocation assistance.”
In re City of New York, 41 Misc. 3d 818 (N.Y. Sup. Ct. 2013). · cites it 3× “It is undisputed that the City must comply with the Uniform Relocation Act and corresponding federal regulations because the project is federally funded in part, and that service of a 90-day written notice to vacate must be provided by the City as the displacing agency to a…”
Munoz v. City of Philadelphia, 346 F. App'x 766 (3rd Cir. 2009). · cites it 2× “§ 4625 (a), nor its implementing regulation, 49 C.F.R. § 24.203 , creates a private right to notice that may be enforced via § 1983; (2) the notice provided here was not untimely under § 4625(a); and (3) the evidence was insufficient to show that the Munozes’s damages were…”
Wax 'n Works v. City of St. Paul (8th Cir. 2000). · cites it 3× “Wax 'n Works received no response from the city and construed that failure to respond as the city's "determination," see 49 C.F.R. § 24.203 (a)(5), § 24.207(g), with respect to the eligibility of Wax 'n Works for monetary benefits and relocation services, see 42 U.”
Amana Global Co. v. King Cnty. (W.D. Wash. 2023). “5 In their claim for “Equitable Preemption,” Plaintiffs allege the challenged statutes, as 6 applied to them, conflict with 49 C.F.R. §§ 24.203 (c) and 24.205(a), as well as § 24.”
Comm'r of Transp. v. Karp Assocs., Inc., 42 Misc. 3d 75 (N.Y. App. Term. 2013). “Contrary to occupant’s further contention and the Civil Court’s further determination, petitioner’s failure to plead the giving of the 90-day notice required for evictions with respect to federally assisted real property acquisition programs (see 42 USC § 4651 [5]; 49 CFR 24.203…”
Portland Nat. Gas v. Martin, et al (D.N.H. 1998). “Since the regulation regarding prior notice of a date certain, 49 C.F.R. § 24.203 (c), is included within a subpart of the regulations that governs the provision of relocation payments and other relocation assistance, see 49 C.”
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