Wyo. Code R. 001-0002-2
Effective Date: 06/06/1978 to Current
Rule Type: Current Rules & Regulations
Reference Number: 001.0002.2.06061978
Section 1. Applicability. The provisions of these rules and regulations shall apply to federal aid or state public highway projects initiated or administered by the Wyoming Highway Department or the State Highway Commission of Wyoming and to persons who are displaced as the result of the acquisition by the Department or the Commissions the condemning or acquiring authorities of lands which are necessary for the construction, improvement, alteration or repair of such projects, and to any other persons who are entitled to receive relocation assistance by the terms of W.s. 9-17-101 et seq.
Section 2. Definitions and General Provision. Unless the context requires otherwise, the following terms when used have the meanings assigned to them as follows.
a. 'Acquired' for the purpose of relocation assistance means the date upon which legal possession of the real property is obtained.
b. 'Adequate Replacement Housing' means a dwelling which is decent, safe and sanitary as defined by these Rules and Regulations; which is located in areas not generally less desirable with respect to public utilities and public or commercial facilities; and which is reasonably accessible to the displacee's place of employment, adequate to accommodate the displacee, available on the market to the displacee and within the financial means of the displacee or his family.
c. 'Business' means any lawful activity conducted primarily for; the purchase, sale, lease, or rental of personal and real property; the manufacture, processing, or marketing of products, commodities or any other personal property; or the sale of services to the public, which activity is carried on by any lawful business entity, including non-profit organizations, but excluding farm operations.
d. 'Commercial mover' means one who is licensed and otherwise authorized and equipped to move household goods and other personal property.
e. 'Commission' means the State Highway Commission of Wyoming.
f. 'Comparable replacement dwelling' means a dwelling which is decent, safe, and sanitary, as defined in these Rules and Regulations; which is functionally equivalent and substantially the same as the acquired dwelling with respect to number of rooms, area of living space, type of construction, and age; which is in areas not generally less desirable than the dwelling to be acquired with respect to public utilities and public or commercial facilities; which is reasonably accessible to the relocatee's place of employment, which is in an equal or better neighborhood and not subject to unreasonably adverse environmental factors; and which is adequate to accommodate the relocatee, available on the market to the relocatee, and within the financial means of the relocatee.
g. 'Date of initiation of negotiations' means the date that first personal contact is made with any owner on the project to give him a written offer for the property, except where such contact is made solely for protective buying or where such contact is made in hardship cases.
h. 'Department' means the Wyoming State Highway Department.
i. 'Displace' means any person who meets the definition of a displaced person provided in these Rules and Regulations.
j. 'Displaced person' means any person who moves from real property or moves his personal property from real property as a result of the acquisition of the real property, in whole or in part, for a Federal aid or State highway project.
k. 'Dwelling' means the place of customary and usual abode and includes any single family house, a single family unit in a multi-family building, a unit of a condominium or cooperative housing project, a mobile home or other residential unit.
l. 'Existing patronage' means the net annual dollar value of business transacted during the two taxable years immediately preceding the taxable year in which the business is displaced.
m. 'Family' means two or more individuals related by blood or legal ties who live together as a family unit plus all other individuals regardless of blood or legal ties who live with them and are considered part of the family unit or tow or more individuals not related by legal or blood ties who live together by mutual consent.
n. 'Farm operation' means any activity conducted solely or primarily for the production of one or more agricultural products or commodities (including timber) for sale or home use and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. the term 'contributing materially' used in this definition means that the farm operation contributes at least 1/3 of the operator's income.
o. 'Federal financial assistance' means a grant, loan, or contribution provided by the United States, except any federal guarantee, or insurance.
p. 'Habitable floor space' means that floor space used for sleeping, living, cooking, or dining purposes, and excludes such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfurnished attics, foyers, storage spaces, cellars, utility rooms and similar spaces.
q. 'Hardship cases' means those cases involving elderly, ill, indigent, or other persons or businesses, farms, and nonprofit organizations where moving costs would create an economic strain and payment in advance of the actual move alleviates the situation.
r. 'Initial occupant' means any person who is in occupancy of real property upon the date of initiation of negotiations for the parcel or upon the date he is given written notice of the Department's intent to acquire the real property and who moves his personal property from the real property at the time the real property is subsequently acquired by the Department.
s. 'Last resort housing project' means a project authorized for the construction, purchase, and/or rehabilitation of dwellings as replacement housing units for highway displaces.
t. 'Mortgage' means such classes of liens and credit instruments commonly given to secure advances on , or secure the unpaid purchase price of real property under the laws of the State of Wyoming together with the credit instruments, if any, secured thereby.
u. 'Nonprofit organization' means a corporation, partnership, individual or other public or private entity, engaged in a business, professional or instructional activity on a nonprofit basis.
v. 'Owner' means: a person who owns legally or equitably, the fee simple estate, a life estate, a 99 year lease, or a lease with a term of at least 50 years upon the date of acquisition of the real property, or other proprietary interest; a person who is the contract purchaser of any of the foregoing estates or interests; or a person who has succeeded to any of the foregoing interests by devise, bequest, inheritance, or operation of law.
w. 'Outdoor advertising business' means a lawful business conducted by a lawful business entity for the erection and maintenance of outdoor advertising displays which advertise the purchase, sale, resale, manufacture, processing or marketing of commodities or services.
x. 'Person' means an individual, family, partnership, company, corporation, or association.
y. 'Rent supplement' means the amount in addition to present rent which is necessary to enable a displaced person to lease or rent a comparable replacement dwelling.
z. 'Replacement housing payment' means generally the payment made to an eligible displaced person which when added to the payment he receives upon acquisition of his dwelling, will equal the amount the displacee is required to pay for a decent, safe and sanitary dwelling or the amount necessary to purchase a comparable replacement dwelling, whichever is less.
aa. 'Subsequent occupant' means any person not an initial occupant who is in occupancy at the time the real property is acquired and who subsequently moves from the real property.
bb. 'Taxable year' means any twelve-month period used by a business or person in computing and filing income tax returns.
cc. 'Tenant' means an individual or family which rents, or is temporarily in lawful possession of, a dwelling, room or one or more sleeping rooms.
dd. '180 day owner' means an initial occupant who has owned and occupied the dwelling from which he is being displaced for at least 180 consecutive days prior to the initiation of negotiations.
ee. '90 day owner' means an initial occupant who has owned and occupied the dwelling from which he is being displaced for less than 180 days but more than 90 consecutive days immediately prior to the initiation of negotiations.
ff. Replacement housing will be given and extended to all races without discrimination. Fair housing discrimination complaints will be processed by the Department and relocates shall be kept informed of these procedures. Relocation assistance shall be made available to relocatees to insure protection of fair housing rights under Federal law.
gg. Each displacee shall receive a notice of intent to acquire when the Department desires to establish eligibility for relocation benefits prior to the initiation of negotiations to acquire the parcel. A notice of intent shall not be sent unless necessary to forestall possible subsequent occupancy or to minimize rental problems.
hh. The Department, upon the date of initiation of negotiations for the parcel or as soon thereafter as reasonably possible, shall furnish to displacees, including 180 day owners, 90 day owners, and tenants, written information explaining relocation benefits and eligibility requirements.
ii. Each displacee shall be furnished a Form 79ra which shall contain an explanation of the amount of replacement housing assistance to which he is entitled.
jj. To the greatest extent possible, a displacee will not be required to move from a dwelling, or move a business or farm without 90 days written notice, which notice shall be given upon the date of initiation of negotiations for the parcel or as soon thereafter as reasonably possible. In addition, each displacee shall be given a notice specifying the date upon which he must vacate the real property he occupies. This notice shall be given at least 30 days prior to the date specified unless the displacee has already vacated the real property at the time the notice is to be given.
kk. All displacees who are eligible for relocation assistance shall be furnished a written notice of the right to appeal a determination of benefits made by the Department.
a. A decent, safe and sanitary dwelling shall conform to state and local housing codes, regulations, or ordinances. If located where such codes, ordinances, or regulations are not applicable or less restrictive, a decent, safe and sanitary dwelling shall;
(1) Have a continuing and adequate supply of potable safe water;
(2) Have a kitchen or area set aside for a kitchen which contains a sink in good working order connected to hot and cold water and an adequate sewage system.
(3) Have utility service connections and adequate space for the installation of a stove and refrigerator.
(4) Have an adequate heating system in good working order which will maintain a minimum temperature of 70° in the living area (excluding bedrooms) under local outdoor design temperature conditions;
(5) Have a bathroom, well lighted and ventilated, affording privacy to a person within it, containing a lavatory basin and a bathtub or stall shower properly connected to an adequate supply of hot and cold running water, and a flush toilet, all in good working order and properly connected to a sewage disposal system;
(6) Have an adequate and safe wiring system for lighting and other electrical services; (7) Have a structure which is sound, weather tight, in good repair and adequately maintained; (8) Have a safe and unobstructed means of egress leading to safe and open space at ground level; and (9) Have at least 150 square feet (13.9 square meters) of habitable floor space for the first occupant in a standard living unit and at least 100 square feet (9.3 square meters) of habitable floor space for each additional occupant.
b. a decent, safe and sanitary mobile home shall conform to state and local housing codes or ordinances or, if not applicable or less restrictive, shall meet the requirements specified in subsection a. of this section, except that it shall have at least 150 square feet of habitable floor space for the first occupant and a minimum of 70 square feet of habitable floor space for each additional occupant.
c. A decent, safe and sanitary rental sleeping room shall conform to all state and local housing codes or ordinances or, if not applicable or less restrictive, shall meet the requirements specified in subsections a.(4); a.(5); a.(6); a.(7); and a.(8), except that it shall have a minimum of 100 square feet of habitable floor space for the first occupant and 50 square feet of habitable floor space for each additional occupant.
a. Any displaced person or family of displaced persons shall be entitled to receive reimbursement from the Department for expenses incurred by such persons for personal transportation and for moving personal property subject to the provisions of these rules and regulations. Each displaced person or family of displaced persons shall have the option of receiving reimbursement on the basis of actual reasonable moving expenses or on the basis of a moving expense schedule.
b. A displaced person or family of displaced persons shall be entitled to receive reimbursement for the actual reasonable cost of a move accomplished by a commercial mover, provided that such person or family submits receipted bills to the Department setting forth the amount of such costs.
c. The Department shall furnish a list of approved movers to such person or family for selection where a contract with an independent mover has been executed on a schedule basis.
d. In the case of a self move, such person or family shall be entitled to receive reimbursement for actual reasonable moving costs, provided such persons or family submits receipted bills setting forth the amount of such costs and such costs may not exceed the cost of a commercial mover.
e. A displaced person or family of displaced persons shall be entitled to receive reimbursement for the cost of personal transportation to an approved new location.
f. Any displaced person or family of displaced persons which satisfies the applicable criteria provided for in these rules and regulations shall be entitled to receive a dislocation allowance in the amount of two hundred dollars ($200.00).
g. Copies of moving expense schedules approved by the Federal Highway Administration will be provided to any displaced person upon request.
h. Two or more families of displaced persons occupying the same dwelling unit who must relocate into separate dwelling units because a single comparable unit is not available may elect to receive reimbursement for moving expenses on an actual cost basis or moving expense schedule basis. In addition, each family shall be entitled to receive a dislocation allowance.
i. Two or more families of displaced persons occupying the same dwelling units although a single comparable dwelling unit is available, may elect to receive a payment for moving expenses on an actual cost basis or moving expense schedule basis. In addition, both families shall be entitled to receive one dislocation allowance to be divided by the families.
j. In addition to reimbursement for moving expenses, the owner-occupant of a multi-family dwelling may also receive moving expense reimbursement according to the provisions of these rules and regulations pertaining to moving expense payments to businesses.
k. The relocation agent shall assist each displaced person in the preparation of Forms R/W 68 ra and R/W 69 ra. The relocation agent shall explain the options available to the displaced person and will determine and record which option was selected. The agent shall determine that moving cost claims are reasonable. The agent shall verify the room count or square footage and that the move has actually been made. The agent shall also obtain bills and receipts where a displaced person has made a self move and shall keep such bills and receipts on file with the Department.
Section 5. Moving Expense Payments to Businesses.
a. The owner of a displaced business who is eligible under the provisions of these rules and regulations shall be entitled to receive reimbursement for actual reasonable moving and related expenses including:
(1) Actual reasonable expenses in moving the business or other personal property;
(2) Actual direct losses of tangible personal property in moving or discontinuing his business; and
(3) Actual reasonable expenses in searching for a replacement business.
b. In lieu of reimbursement for actual expenses and losses, the owner of a discontinued or relocated business may be eligible to receive a payment equal to the average annual net earnings of the business subject to the provisions of paragraph j. below.
c. The relocation agent shall assist the eligible owners of displaced businesses in the completion of Form R/W 68 ra in processing payment for actual and reasonable moving expenses. If such owner elects to receive a lump sum payment equal to the average annual net earnings of his business in lieu of actual moving expenses as provided herein below, the relocation agent shall assist the owner in completing Form R/W 70 ra.
d. The owner of a displaced business shall furnish an inventory of the items to be moved prior to the time the actual move takes place. When the move is completed, the owner of the displaced business in his claim for payment shall certify that the items listed on the inventory were actually moved. If the certified inventory varies appreciably from the original inventory, the moving expense reimbursement payment will be adjusted accordingly.
e. The relocation agent shall monitor the various phases of the move in order to determine that all expenses are actual and reasonable as required by law.
f. The owner of a displaced business shall be entitled to receive reimbursement for the actual reasonable cost of a move accomplished by a commercial mover, provided such owner submits receipted bills to the Department setting forth the amount of such cost.
(1) In the case of a self move, the owner of a displaced business may be paid an amount equal to the lower of at least two bids or estimates from qualified commercial movers and shall be entitled to a reimbursement payment equal to the amount of the low bid or estimate without negotiations. The relocation agent may negotiate with the owner for a reimbursement payment not to exceed the amount of the low bid or estimate.
(2) If acceptable bids or estimates cannot be obtained from qualified commercial movers, the owner of a displaced business shall be entitled to a reimbursement payment in an amount equal to the actual and reasonable expenses incurred in the self move including truck rental, equipment rental, gasoline, oil, insurance, depreciation, labor costs, and supervision costs, provided such expenses are directly allocable to the move and provided such expenses are set forth upon receipted bills to be submitted to the Department.
g. Where personal property which is used in connection with the displaced business is of low value and high bulk and the cost of moving would be disproportionate in relation to the value, the relocation agent may negotiate with the owner for a reimbursement payment in an amount not to exceed the cost of replacement of comparable items on the market or the amount of proceeds recovered upon liquidation whichever is higher.
h. The owner of a displaced business who is entitled to relocate his tangible personal property in whole or in part but who elects not to do so may receive a reimbursement payment for actual direct losses provided the owner has made a bona fide effort to sell the particular items of tangible personal property involved.
i. The owner of a displaced business may be entitled to reimbursement for actual and reasonable expenses in searching for a replacement business. The amount of each reimbursement shall not exceed five hundred dollars ($500.00) unless prior approval of a greater amount is given by the State Right-of-Way Engineer on state projects or the Federal Highway Administration Division Engineer on federally-funded projects. The owner must submit a claim setting forth the amount of such reasonable and actual expenses which may include:
(1) Transportation expenses; (2) Lodging; (3) Real estate brokers' or agents' fees; and (4) Reasonable value of the time of the search provided the owner submits a certified statement of the number of hours actual spent.
j. In lieu of actual moving expenses and submit to the provisions of these rules and regulations, the qualified owner of a discontinued business is eligible to receive a reimbursement payment equal to the average annual net earnings of the business as defined by these rules and regulations, except that such payment shall not be less than two thousand five hundred dollars ($2,500.00) nor more than ten thousand dollars ($10,000.00) providing the following requirements are met:
(1) The relocation agent must determine that:
(a) The business cannot be relocated without a substantial loss of existing patronage as defined in these rules and regulations; and
(b) The business is not part of a commercial enterprise having at least one other outlet that is not being acquired by the Department.
(2) A part-time individual or family occupation conducted primarily in the home which does not contribute materially to the income of the displaced owner is not eligible for reimbursement.
(3) The owner of a displaced business must submit to the Department certified financial statements, an affidavit stating the average annual net earnings of the business, tax returns or other satisfactory evidence in order to be eligible for the in lieu of actual moving expenses provided herein. The affidavit of the owner stating the net earnings of the business is acceptable only if the owner grants the Department the right to review the records or accounts of the business. The affidavit of the owner alone is not acceptable if the amount claimed is more than two thousand five hundred dollars ($2,500.00).
(4) The owner of a multi-family structure may be entitled to an lieu of actual moving expenses payment as provided herein if a comparable structure is not available. If a multifamily structure which has fewer limits than the acquired structure is available, the owner shall be entitled to an in lieu of payment if the relocation agent determines that the owner has suffered a substantial loss of existing patronage, which determination for the purposes of this subsection shall be based upon the net average dollar volume difference between the two structure. If the net income of the acquired structure, no in lieu of payment shall be made to the owner.
a. The owner of a displaced farm operation who is eligible to receive relocation assistance pursuant to the provisions of these rules and regulations shall be entitled to receive a reimbursement payment for actual direct losses of tangible personal property and actual reasonable expenses in search- ing for a replacement farm subject to the provisions of Section 4 of these rules and regulations. The relocation agent shall assist the owner of a displaced farm in completing Form R/W 68 ra in order to process payment.
b. In lieu of actual moving expenses and subject to the provisions of these regulations, the owner of a displaced farm operation is eligible to receive a payment equal to the average annual net earnings of the farm operation. Such payment shall not be less than two thousand five hundred dollars ($2,500.00) nor more than ten thousand dollars ($10,000.00). The owner of a displaced farm operation is entitled to payment under this section if:
(1) The farm operator has discontinued his farm operations or moved it to a new location; or
(2) In the case of a partial taking the property remaining after the acquisition is no longer an economic unit or;
(3) The taking caused the farm operator to move to adjacent land; or
(4) The taking forced such a change in operation so as to constitute a displacement.
c. The determination of the reimbursement payment available to eligible displaced farm operators shall be done in accordance with Section 4 of these rules and regulations.
a. A displaced non-profit organization which is eligible to receive relocation assistance subject to the provisions of these rules and regulations shall be entitled to reimbursement for actual direct losses of tangible personal property and actual reasonable expenses in searching for a replacement site.
b. In lieu of reimbursement for actual moving expenses, the displaced non-profit organization shall be entitled to receive two thousand five hundred dollars ($2,500.00) if:
(1) The non-profit organization cannot be relocated without a substantial loss of existing patronage; and
(2) The non-profit organization is not part of another commercial enterprise having at least one other establishment engaged in the same or a similar activity which is not being acquired.
a. The owner of a displaced advertising sign shall be eligible to receive a reimbursement payment for actual reasonable moving expenses if he moves the advertising sign to another site not in violation of applicable Federal, State or local regulations. The amount of such reimbursement payment shall be determined according to the provisions of Section 4.f.(1) and f(2) of these Rules and Regulations.
b. In the event the owner of a displaced sign does not move the sign to another site, although he is entitled to do so, the owner shall be entitled to a reimbursement payment for the actual direct loss of the sign in an amount which shall be the lesser of:
(1) The depreciated reproduction cost of the sign as determined by the Department; or
(2) The estimated cost of moving the sign.
c. The owner of a displaced advertising sign may be entitled to a reimbursement payment for actual and reasonable expenses in searching for a replacement sign site. Subject to the provisions of these Rules and Regulations, such expenses may include transportation expenses, meals, lodging away from home, the reasonable value of time spent in the search, and the fees of real estate agents of brokers. The amount of such payment shall not exceed five hundred dollars ($500.00).
Section 9. Replacement Housing Payments.
a. A displaced person is eligible for replacement housing assistance if he:
(1) Satisfies the tenure of occupancy requirements of these Rules and Regulations;
and
(2) Relocates and occupies a decent, safe, and sanitary dwelling or contracts for the rehabilitation or construction of such a replacement dwelling within one year from the later of:
(a) The date upon which the displaced person received final payment for all costs of the required dwelling where the amount of such payment is determined by negotiated settlement;
(b) In condemnation cases, the date upon which the Department or condemning authority deposits into Court for the benefit of the displaced person the sum of money provided for in Rule 71.1(e), W.R.C.P.;
(c) The date upon which the displaced person was required to move by the written notice to vacate the acquired dwelling within ninety (90) days; or
(d) The date upon which the displaced person moves if such date is earlier that the date upon which he is required to move.
b. A displaced person or family of displaced persons who has obtained, either before or after displacement, legal ownership of a replacement dwelling or the land upon which it rests and occupies the dwelling after displacement but within the applicable time limit specified in 8.a. is eligible for replacement housing assistance if the replacement dwelling meets the standards for decent, safe, and sanitary dwellings provided in these Rules and Regulations.
c. A displaced person shall apply for replacement housing assistance by filing a completed Form R/W 71, 72 or 73. The application must be filed no later than six (6) months after the expiration of the applicable one year period specified in subsection 8.a., except that in condemnation cases, appli- cation must be filed no later than six (6) months after the date of final adjudication.
d. Prior to making any relocation assistance payment, the relocation agent shall inspect the replacement dwelling to determine that it meets the standards of decent, safe, and sanitary housing. After the inspection is completed the relocation agent shall complete Form R/W 53 ra, 'Dwelling Inspection Report.'
e. In the event an inspection as required by subsection d. cannot be made, the displaced person may file a certified statement that he has occupied a replacement dwelling which meets the standards for a decent, safe and sanitary dwelling, and such certification shall be sufficient to establish eligibility for replacement housing assistance.
f. Replacement housing payments shall be made directly to the displaced person or family of displaced persons except upon written instruction from such person or persons that payments be made to a lessor for rent or to a seller for use toward the purchase of replacement housing. A displaced person or family of displaced persons who desire that replacement housing payments be made into escrow must specifically request the same in the application for assistance.
g. If two or more eligible families of displaced persons occupy the same single family dwelling unit and a comparable replacement is available, the occupants are eligible to receive one replacement housing or rent supplement payment. If comparable replacement housing is not available, each family will be eligible for a replacement housing or rent supplement payment based on housing comparable to the quarters occupied by each family plus community rooms shared by other occupants.
a. A displaced owner-occupant is eligible to receive additional replacement housing assistance, not to exceed fifteen thousand dollars ($15,000.00) to purchase replacement housing, as compensation for the loss of favorable financing on an existing mortgage or as reimbursement for authorized incidental expenses incident to purchase of replacement housing if:
(1) He is in occupancy at the initiation of negotiations for the acquisition in whole or in part of the real property occupied; or
(2) He is in occupancy at the time he is given a written notice of intent to acquire the property by a certain date; and
(3) He has been in occupancy and ownership for at least one hundred and eighty (180) days prior to the earliest of:
(a) the date he vacated the property as a result of a notice of intent to acquire; or
(b) the date of the initiation of negotiations for the parcel; and
(4) The property was acquired from him by the Department; and (5) He purchases and occupies a decent, safe, and sanitary dwelling within the applicable time period specified in Section 8.a. of these Rules and Regulations.
b. A displaced owner-occupant is deemed to have “purchased” a dwelling when he:
(1) Acquires an existing dwelling; or (2) Purchases a life estate in a retirement home; or (3) Relocates or rehabilitates a dwelling he owns or acquired; or (4) Constructs a comparable decent, safe and sanitary dwelling on a site which he
owns.
c. Replacement Housing Assistance to compensate a displaced owner-occupant for increased interest costs in financing a replacement dwelling will be allowed only when the acquired dwelling was encumbered by a bona fide mortgage which was a valid lien on such dwelling for not less than one hundred eighty (180) days prior to the established eligibility date specified in Section 8.a. of these Rules and Regulations.
d. The displaced owner-occupant eligible for replacement housing assistance under these Rules and Regulations is eligible to receive a payment in an amount necessary to reimburse him for actual costs incident to the purchase of a comparable replacement dwelling. Such costs may include legal closing, and related costs such as title search and survey costs, appraisal and application fees, escrow fees and transfer taxes, except that no fee, cost, charge or expense is reimbursable if determined to be part of the debt service or finance charge under 15 U.S.C., Sections 1631 to 1641, or Regulation Z issued in pursuance thereof by the Federal Reserve System.
e. The combined replacement housing assistance payments to a displaced owner-occupant made pursuant to these Rules and Regulations may not exceed fifteen thousand dollars ($15,000.00).
f. A displaced owner-occupant shall be allowed the option of retaining his dwelling and he shall be entitled to receive reimbursement for the reasonable costs of acquiring a new site, moving the dwelling, and restoring it to a condition comparable to that before the move. Payment shall be the amount by which the above costs exceed the price paid for the dwelling to a maximum of that amount computed in 9.d.
Section 11. Rental Supplement Payment for 180 Day Owner Who Rents.
a. A displaced owner-occupant who is eligible to receive replacement housing assistance pursuant to these Rules and Regulations and who elects to rent a replacement dwelling shall receive a rental replacement housing payment not to exceed four thousand dollars ($4,000.00).
Section 12. Replacement Housing Payment for 90 Day Owner Who Purchases.
a. A displaced owner-occupant who has owned and occupied his dwelling for less than one hundred and eighty (180) days but more than ninety (990) days and who is eligible for replacement housing assistance under these Rules and Regulations, shall receive a payment to enable him to make a downpayment on the purchase of a replacement dwelling, for reimbursement of actual expenses incident to such purchase and for additional costs incurred in relocation of his retained dwelling, provided, however, that such payment shall not exceed four thousand dollars ($4,000.00). In no event shall a combined payment made pursuant to this section and any other section of these Rules and Regulations exceed four thousand dollars ($4,000.00).
a. A displaced owner-occupant who has owned and occupied his dwelling for less than one hundred and eighty (180) days but more than ninety (90) days, who is eligible for replacement housing assistance under the provisions of these Rules and Regulations and who elects to rent a replacement dwelling shall receive a rental replacement housing payment not to exceed four thousand dollars ($4,000.00).
a. A displaced tenant-occupant who is eligible for replacement housing assistance under the provisions of these Rules and Regulations shall receive a rental replacement housing payment not to exceed four thousand dollars ($4,000.00) if:
(1) He is in occupancy at the beginning of negotiations for the acquisition of the real property, in whole or in part; or
(2) He is in occupancy at the time he is given a written notice to acquire the real property by a certain date; and
(3) The occupancy has been for at least ninety (90) consecutive days immediately prior to the date of vacation if he has been given notice of an intent to acquire or initiation of negotiations, whichever is earlier; and
(4) The property was subsequently acquired; and
(5) He rented and occupied a decent, safe and sanitary dwelling with the applicable time period specified in Section 8 of these Rules and Regulations.
b. If a tenant-occupant, after moving to a decent, safe, and sanitary dwelling, relocates within the applicable time period specified in Section 8 of these Rules and Regulations to a higher cost unit, he may present another claim for a payment in excess over the original claim, but not to exceed the rent supplement computed under this section.
a. A displaced tenant-occupant who is eligible for replacement housing assistance under the provisions of these Rules and Regulations shall receive a replacement housing payment in an amount to enable him to make a downpayment on the purchase of a replacement dwelling, provided, however, that such payment shall not exceed four thousand dollars ($4,000.00).
Section 16. Replacement Housing or Rent Supplement Payment to Tenant of Sleeping Room for Not Less than 90 Days.
a. A displaced tenant of a sleeping room who is eligible for replacement housing assistance under the provisions of Section 13.a. of these Rules and Regulations shall receive a replacement housing payment to enable him to rent replacement housing or to make a downpayment on the purchase of a replacement dwelling, provided, however, that such payment shall not exceed four thousand ($4,000.00).
Section 17. Subsequent Occupants. Subsequent occupants who occupy a dwelling after the initiation of negotiations for its purchase and who are in occupancy at the time legal possession is obtained, are entitled to relocation assistance advisory services in locating adequate replacement housing. Rent supplement payments are available only if adequate replacement housing is not available or the monthly rent exceeds twenty-five percent (25%) of the occupant’s gross monthly income.
Section 18. Mobile Homes — General Provisions.
a. A mobile home may be acquired with Federal funds participating in the acquisition cost if it constitutes real property according to State law. A mobile home may be acquired as personal property if it cannot be moved without substantial damage or unreasonable cost or the mobile home is not a decent, safe and sanitary dwelling as defined by these Rules and Regulations.
b. When a sufficient portion of a mobile home park is taken to justify the operator to move or go out of business, the owners and occupants of the mobile home dwellings who are forced to move are eligible to receive payments although their dwelling may not have been within the actual taking.
c. When a comparable mobile home dwelling is not available, the replacement housing payment shall be calculated on the next highest type of dwelling available.
d. The same forms applicable to relocation assistance to occupants of conventional dwellings will be used to process mobile home moving and replacement housing claims.
e. An occupant of a mobile home who is entitled to relocation assistance pursuant to these Rules and Regulations and whose mobile home does not meet comparable mobile home park entrance requirements shall be entitled to a replacement housing payment which shall be equal to the difference between the acquisition cost and the price of a mobile home meeting park entrance requirements, or the cost to improve the mobile home to meet entrance fee may be included in the replacement housing payment if the park charging the fee is the only comparable park available and if the fee will not be refunded.
f. The ownership or tenancy of the mobile home and not the land on which it is located determines the occupant’s status as an owner or tenant. The length of ownership and occupancy of the mobile home on the mobile home site determines the residency status as a 180 day owner or tenant.
Section 19. Moving Expense Payments for Occupants of Mobile Homes. owners and tenants of mobile homes shall be entitled to moving expense payments if they meet the eligibility requirements applicable to owners and tenants of conventional dwellings as provided in these rules and regulations.
Section 20. Replacement Housing Payments for 180 Day Owners of Mobile Homes. A displaced owner of a mobile home who meets the eligibility requirements applicable to owners of conventionally dwellings and who has occupied the home for at least 180 days on the site from which he is being displaced shall be entitled to receive reimbursement for costs necessary to purchase replacement housing and compensation for the loss of favorable financing on his existing mortgage provided such reimbursement does not exceed $15,000.00. A displaced owner who is eligible for a replacement housing payment under this section, and who elects to rent replacement housing, shall be entitled to receive a rent supplement payment not to exceed $4,000.00.
Section 21. Replacement Housing Payments for 90 Day Owners of Mobile Homes. A displaced owner occupant who meets the eligibility requirements applicable to owners of conventional dwellings and who has occupied the mobile home for less than 180 days but more than 90 days shall be entitled to receive reimbursement for a downpayment on the purchase of replacement housing, of he elects to rent, a rent supplement payment, provided that such reimbursement or rent supplement payment shall not exceed $4,000.00.
a. A displacee may appeal the decisions of the Wyoming State Highway Department regarding relocation assistance and payments as follows:
(1) The complainant may write letter starting the complaint and all relevant facts to: Wyoming Highway Department, State Right of Way Engineer, P.O. Box 1708, Cheyenne, Wyoming 82001; or he make a personal appointment with the State Right of Way Engineer to present his complaint.
(2) The State Right of Way Engineer will review the case and render a decision. If that decision is unsatisfactory to the complainant, he may appeal to the Wyoming State Highway Commission. Appeal procedures before the Commission will be in accordance with 'Rules and Regulations Wyoming State Highway Department relating to rules of practice governing appeals and hearings before the Wyoming State Highway Commission in accordance with Chapter 108, Session Laws of Wyoming, 1965.' Copies are available from the State Right of Way Engineer.
(3) The appeal must be received within 90 days after the time limit specified for filing replacement housing claims or the time limit specified for moving payments.
a. The policies and procedures contained in these rules are applicable to relocation programs on projects in areas designated by the President or Governor of the State of Wyoming as major disaster areas.
b. Individuals and families whose homes have been damaged or destroyed by a major disaster and who have not reoccupied their homes by the start of negotiations may be considered to be in constructive occupancy. Federal funds may be used to relocation payments providing that location approval for the project was given by the FHWA prior to the disaster.