Code of Massachusetts Regulations
760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF
Title 760 CMR 27.00 - Relocation Assistance
Section 27.02 - Qualification of Relocation Advisory Agencies by the Bureau
Universal Citation: 760 MA Code of Regs 760.27
Current through Register 1531, September 27, 2024
(1) General. No acquisition (as defined in M.G.L. c. 79A, § 1) of real property or other covered activity which involves the displacement of legal occupants shall occur until a relocation advisory agency has been qualified by the Bureau to provide relocation assistance.
(2) Procedure for Qualification.
(a) At a reasonable time before either the
anticipated date of property acquisition or project commencement, the displacing
agency responsible for providing relocation assistance shall request that it be
qualified by the Bureau as a relocation advisory agency, or shall request that
another entity or person be qualified by the Bureau as a relocation advisory
agency.
(b) A displacing agency
requesting qualification of a relocation advisory agency for a particular project
shall provide the Bureau with information demonstrating that the proposed relocation
advisory agency has suitable staff capable of providing relocation assistance for a
particular project.
(c) In determining
whether a displacing agency or other entity or person(s) are qualified to be a
relocation advisory agency for a particular project, the Bureau shall consider work
experience and educational background of staff, the capacity of staff to provide the
necessary assistance in light of the anticipated complexity of the project, and any
other criteria which the Bureau may, from time to time, specify in standards for
qualification of relocation advisory agencies. All such standards shall directly
pertain to ensurance of high-quality relocation assistance.
(d) A displacing agency may request that it be
qualified by the Bureau as a relocation advisory agency for a specified period of
time, not to exceed three years, rather than for a particular project. Displacing
agencies that are qualified as relocation advisory agencies for a specified period
of time shall be deemed qualified for particular projects during the specified
period of time. The Bureau's qualification of a displacing agency for a specified
period of time may include the approval of alternative procedures to those specified
in
760 CMR 27.04(4)
(Administration of Relocation Payments). In order
for a displacing agency to be qualified as a relocation advisory agency for a
specified period of time, the Bureau must find that the displacing agency:
1. Is staffed with sufficient full-time employees
who are experienced in relocation and capable of providing effective relocation
assistance in a timely manner for all anticipated projects;
2. Is likely to undertake more than one covered
activity which results or will result in the displacement of legal
occupants.
3. Does not primarily rely on
relocation consultants to provide relocation assistance.
(e) If a qualified relocation advisory agency is
not providing adequate relocation assistance for a particular project or projects,
the Bureau may withdraw qualification of the relocation advisory agency for such
project or projects. Prior to withdrawing qualification, the Bureau shall provide
the displacing agency and the relocation advisory agency of written notice of the
material facts on which the Bureau relies, and allow reasonable opportunity for the
relocation advisory agency to take corrective action. If adequate corrective action
has not been taken within 60 days, then the Bureau may order the displacing agency
to cease all covered activities no less than 5 days from receipt of such order. Any
such order shall contain specification of the inadequacy of the relocation
assistance. If the displacing agency disputes that relocation assistance is
inadequate, it may request a hearing by the Department as to whether there is good
cause for withdrawing qualification of the relocation advisory agency. The hearing
shall be subject to the provisions of M.G.L. c. 30A. The Department shall promptly
conduct the hearing and shall promptly render its written decision. The Department
may permit covered activities to continue pending its written decision.
(3) Project Responsibility. Whether or not the displacing agency is the relocation advisory agency, the displacing agency has the responsibility to insure that prompt and effective relocation assistance is provided with respect to a covered activity.
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