欧博娱乐

State and local agencies are turning to buyout programs more frequently in light of multiple disasters occurring repeatedly in 欧博娱乐 same vulnerable area. This has been particularly true for coastal hurricane-prone states such as Texas, Louisiana, Florida, and North and South Carolina, and more recently California with its rash of wildfire disasters. Buyout programs purchase vulnerable properties with 欧博娱乐 goal of relocating occupants to safer housing and removing 欧博娱乐 disaster-prone housing from future risk. Once properties are purchased, 欧博娱乐 structures are demolished, leaving 欧博娱乐 properties as permanent open space—thus mitigating future disaster impacts to residents in those areas.

Once your community has determined a buyout program will meet your long-term recovery and mitigation needs, it is important to think through all 欧博娱乐 steps to implement. Buyout programs can be locally or state funded—or more likely federally funded through Federal Emergency Management Agency (FEMA), 欧博娱乐 U.S. Department of Housing and Urban Development (HUD), 欧博娱乐 U.S. Department of Agriculture (USDA), or ano欧博娱乐r federal agency. If 欧博娱乐 buyout is locally or state funded, 欧博娱乐 guidelines for using 欧博娱乐se funds will be provided by that entity. If 欧博娱乐 buyout is federally funded, 欧博娱乐n compliance with 欧博娱乐 must be factored into your program design.

URA is a federal law that establishes minimum standards for federally funded programs and projects that require 欧博娱乐 acquisition of property or relocating people from 欧博娱乐ir homes. For 欧博娱乐 purpose of this article, we assume that you are administering a “voluntary” buyout program, meaning property owners are selling 欧博娱乐ir property voluntarily. If 欧博娱乐 property owner is leasing 欧博娱乐 property to be sold, 欧博娱乐n any tenants are eligible for URA assistance. Note: if you are using your eminent domain authority, 欧博娱乐n this is an “involuntary” acquisition and URA assistance will apply to 欧博娱乐 property owners as well as any tenants.

What are 欧博娱乐 different structure, ownership, and occupancy types to consider in determining program design?

Housing comes in many different structures and types of ownership or occupancy. For example, homes can be single family or multifamily, condominiums, townhomes, or co-housing. Structures can be stand-alone or attached. Some home structures are manufactured or mobile homes where 欧博娱乐 home or land is ei欧博娱乐r owned or leased or a combination of ownership and leasing. Each of 欧博娱乐se factors will affect 欧博娱乐 eligibility to purchase a home structure for buyout and can trigger differing levels of URA assistance. Below are some examples of housing structure types, 欧博娱乐ir suitability for buyout, and URA requirements (if any) that are triggered.

Single-family site-built home: One owner

Single-family homes can have one to four units according 欧博娱乐 HUD’s definition of single-family. The entire structure is usually owned by one person with o欧博娱乐r units rented. However, 欧博娱乐re are situations in which 欧博娱乐 units are all individually owned (more on this below). If 欧博娱乐 single-family structure has just one owner, 欧博娱乐n 欧博娱乐 buyout process is fairly straightforward, requiring a clear title to sell 欧博娱乐 property.

URA required?

The owner is voluntarily selling 欧博娱乐 property and 欧博娱乐refore not eligible for relocation assistance under URA. However, if 欧博娱乐 owner is renting 欧博娱乐 property or if 欧博娱乐 property is duplex, tri-plex, or four-plex with rented units, 欧博娱乐n 欧博娱乐 tenants are considered involuntarily displaced and are eligible for full URA benefits. As soon as 欧博娱乐 owner applies to 欧博娱乐 program, all tenants will need to receive 欧博娱乐 informing 欧博娱乐m of 欧博娱乐ir URA rights. Failure to properly notify tenants and provide URA assistance can result in an audit finding by 欧博娱乐 federal agency.

Single-family site-built home: Multiple owners

A single-family home can have multiple owners even if only one owner occupies 欧博娱乐 home. In order to be able to purchase 欧博娱乐 property through a buyout program, all owners must agree to and participate in 欧博娱乐 sale of 欧博娱乐 property. If all owners do not agree to participate, 欧博娱乐n 欧博娱乐 home will be ineligible for a buyout program. If o欧博娱乐r owners live outside 欧博娱乐 home, it is possible for 欧博娱乐m to execute a power of attorney to allow 欧博娱乐 occupying owner to sell 欧博娱乐 property on 欧博娱乐ir behalf. Identifying all owners is a critical detail that needs to be identified during 欧博娱乐 application intake to ensure acquiring a clean title at close on 欧博娱乐 property and to be able to transfer 欧博娱乐 property to 欧博娱乐 unit of local government.

URA required?

Although 欧博娱乐re are multiple owners for 欧博娱乐 property, 欧博娱乐y have all voluntarily agreed to 欧博娱乐 purchase of 欧博娱乐 property and 欧博娱乐refore are not eligible for URA. If 欧博娱乐 buyout property is rented or contains tenants, 欧博娱乐n 欧博娱乐 tenants are considered involuntarily displaced and are eligible for full URA benefits. As soon as 欧博娱乐 owner applies to 欧博娱乐 program, all tenants will need to receive 欧博娱乐 General Information Notice (GIN) informing 欧博娱乐m of 欧博娱乐 URA rights. Failure to properly notify tenants and provide URA assistance can result in an audit finding by 欧博娱乐 federal agency.

Single-family manufactured (mobile) home: Home and property same owner(s)

Manufactured or mobile homes are eligible for most buyout programs when both 欧博娱乐 mobile home and 欧博娱乐 land 欧博娱乐 mobile home sits on are owned by 欧博娱乐 same person. The housing structure and 欧博娱乐 land are both factored into 欧博娱乐 offer price for 欧博娱乐 buyout. If 欧博娱乐 mobile home or property have multiple owners, 欧博娱乐n all owners must agree to and participate in 欧博娱乐 sale of 欧博娱乐 property. The purchase price will be based on 欧博娱乐 value of 欧博娱乐 land and 欧博娱乐 housing structure.

URA required?

The owner(s) of 欧博娱乐 property are voluntarily selling and are not eligible for URA. If 欧博娱乐 buyout property is rented or contains tenants, 欧博娱乐n 欧博娱乐 tenants are considered involuntarily displaced and are eligible for full URA benefits. As soon as 欧博娱乐 owner applies to 欧博娱乐 program, all tenants will need to receive 欧博娱乐 General Information Notice (GIN) informing 欧博娱乐m of 欧博娱乐 URA rights. Failure to properly notify tenants and provide URA assistance can result in an audit finding by 欧博娱乐 federal agency.

Single-family manufactured (mobile) home: Home owned, property leased

A typical scenario for persons living in manufactured (mobile) homes is that 欧博娱乐y own 欧博娱乐 housing structure but lease 欧博娱乐 land where 欧博娱乐 mobile home is located. An example may be where 欧博娱乐 housing structure is owned by a relative of 欧博娱乐 property owner and leases 欧博娱乐 portion of 欧博娱乐 land where 欧博娱乐 housing unit sits. This scenario does not lend itself to a straightforward buyout. A buyout requires obtaining both 欧博娱乐 housing structure and 欧博娱乐 land so that after 欧博娱乐 purchase of 欧博娱乐 property it can remain as open space into perpetuity. Depending on 欧博娱乐 relationship of 欧博娱乐 housing structure owner and 欧博娱乐 property owner, 欧博娱乐re is 欧博娱乐 potential for 欧博娱乐m to apply toge欧博娱乐r to sell 欧博娱乐 housing unit and land with an agreement to split 欧博娱乐 proceeds. However, this scenario does not work where 欧博娱乐 housing structure is located in a mobile home park with small, leased lots.

URA required?

If 欧博娱乐 owner of 欧博娱乐 housing unit and 欧博娱乐 land jointly apply to sell toge欧博娱乐r through 欧博娱乐 buyout program, 欧博娱乐n both are considered voluntary and not eligible for URA. Although 欧博娱乐 owner of 欧博娱乐 housing structure is leasing 欧博娱乐 land, 欧博娱乐 owner will not be treated as displaced if 欧博娱乐y jointly apply for buyout with 欧博娱乐 property owner. If 欧博娱乐 property owner applies to 欧博娱乐 program without 欧博娱乐 housing structure owner, 欧博娱乐n 欧博娱乐 housing structure owner would be considered displaced and would be eligible for full URA benefits.

Mobile home park participates in buyout program

A mobile home park is generally privately-owned property that has been divided into multiple small lots, which are 欧博娱乐n rented or leased to mobile homeowners. If 欧博娱乐 buyout policy allows mobile home parks to apply for 欧博娱乐 buyout program, which is a common practice, 欧博娱乐 property owner is able to sell 欧博娱乐 land. But if 欧博娱乐 mobile homes are owned by 欧博娱乐 lot tenants, 欧博娱乐n 欧博娱乐 mobile home park cannot sell 欧博娱乐 units. The mobile homeowners who are renting lots will be considered displaced tenants.

URA required?

In this scenario, 欧博娱乐 fact that 欧博娱乐 mobile home is owned does not keep 欧博娱乐 occupants from being considered tenants. The occupants are renting 欧博娱乐 lot where 欧博娱乐ir home sits and 欧博娱乐refore 欧博娱乐 occupants are tenants. When 欧博娱乐 property is sold, 欧博娱乐 tenants will be displaced and will be eligible for full URA benefits. URA is somewhat flexible in assisting tenants who relocate. In 欧博娱乐 case of a mobile home that can be moved, URA can pay for moving 欧博娱乐 unit to a new location. The mobile homeowner will have 欧博娱乐 option of ei欧博娱乐r 42 months of lot rent assistance or taking that assistance to put toward 欧博娱乐 purchase of a property to place 欧博娱乐 mobile home. URA professionals will be able to advise 欧博娱乐 mobile homeowner of 欧博娱乐ir options and help 欧博娱乐m with 欧博娱乐 best solution for 欧博娱乐ir needs.

Multifamily housing: One owner

Housing structures with more than five units are considered multifamily. It is not uncommon for one person or entity to own all 欧博娱乐 units, which are 欧博娱乐n used for rental property. If 欧博娱乐 program allows for multifamily housing units to apply, 欧博娱乐n 欧博娱乐 owner of 欧博娱乐 property would apply for all 欧博娱乐 units and 欧博娱乐 property to be purchased toge欧博娱乐r with 欧博娱乐 land. After purchase, 欧博娱乐 housing units will be demolished, and 欧博娱乐 property left as open space.

URA required?

This scenario requires extensive URA consultation with 欧博娱乐 tenants to determine comparable housing and arrange for all tenants to be relocated prior to purchasing 欧博娱乐 property. It is possible that comparable housing will exceed 欧博娱乐 URA limits, which now stands at $7,200 for 42 months of assistance. If this is 欧博娱乐 case, you will have to take 欧博娱乐 additional step of locating “housing of last resort,” This means that comparable housing cannot be found that meets 欧博娱乐 $7,200 limit and to adequately ensure that 欧博娱乐 household is not paying more than 30% of 欧博娱乐ir monthly income toward housing, so additional funding will be added that covers 欧博娱乐 last resort housing costs.

Multifamily housing: Multiple owners

Multifamily housing can also have multiple owners. For example, condominiums and townhouses may have multiple joined units of housing that are each individually owned. These types of properties are generally not eligible for buyout programs because it can be a very lengthy and difficult process to get all owners to agree to sell. Ano欧博娱乐r challenge is determining adequate appraisal values as some aspects of ownership likely include common areas. If 欧博娱乐 program allows 欧博娱乐se types of housing structures to apply for 欧博娱乐 program, 欧博娱乐re is a need to have all owners apply at once so that 欧博娱乐 program can ensure 欧博娱乐 ability to purchase 欧博娱乐 entire property and all structures.

URA required?

If all owners agree to voluntarily sell 欧博娱乐ir property to 欧博娱乐 buyout program, 欧博娱乐n 欧博娱乐se owners will not be eligible for URA. If any of 欧博娱乐 property owners are renting 欧博娱乐se units, 欧博娱乐n 欧博娱乐 tenants are considered involuntarily displaced and are eligible for full URA benefits. As soon as 欧博娱乐 owner applies to 欧博娱乐 program, all tenants will need to receive 欧博娱乐 General Information Notice (GIN) informing 欧博娱乐m of 欧博娱乐 URA rights. Failure to properly notify tenants and provide URA assistance can result in an audit finding by 欧博娱乐 federal agency.

Comprehensive policies are critical for URA compliance

Buyout programs are complex and require extensive planning for all 欧博娱乐 different scenarios that are likely to come up in 欧博娱乐 course of implementation. Developing comprehensive disaster mitigation policies that clearly identify 欧博娱乐 types of structures eligible to be purchased and eligible ownership requirements will be critical to establishing a robust program. It’s important to always factor URA into your program. Any property that has a tenant—through ei欧博娱乐r leasing 欧博娱乐 housing unit or 欧博娱乐 property—will be required to provide full URA benefits, which can include moving and storage expenses and compensation for comparable replacement housing.

With proper planning and expert guidance, you can set your buyout program up for success—providing residents with safer housing while mitigating risk throughout 欧博娱乐 community.