Written by Mike Martin
Plans to privatize the Columbia Housing Authority involve a complex Federal law that could reshape the Columbia landscape in unexpected -- and unwanted -- ways
Continued from part one
Claims and appeals
To receive most benefits under the URA, tenants must file claims that CHA officials can deny subject to appeal.
Given the complexity of the URA
, tenants may need an attorney to enforce claims or file appeals. Arcane legalese is part and parcel of the law, as this passage about how to determine eligibility for "displaced tenant" benefits points out.
"Most HUD regulations identify an event that establishes a 'rebuttable presumption' that a project begins (e.g., date of submission of the application). It is presumed that a displacement before this date did not occur 'for the project' and is not covered by the URA, unless rebutted by convincing evidence to the contrary."
Eminent domain -- again
The URA addresses both voluntary vs. involuntary acquisition
under 49 CFR Subpart B
, which grants broad condemnation powers to the housing authority; its private investors; and even non-profit agencies working on its behalf.
It defines involuntary acquisition as "acquisitions under threat or use of eminent domain (condemnation)." That process follows a circuitous and complex set of URA protections and procedures involving everything from negotiations to appraisals, and begins with a mandatory, ominous sounding "notice" and a HUD brochure, "When a Public Agency Acquires Your Property" (HUD-1041-CPD).
"This acquisition notice usually serves as an agency’s initial written communication to an owner whose property may be acquired for a federally-funded project under threat or use of eminent domain," it explains, adding that the housing authority will tell the property owner what it thinks the property is worth, the starting point for negotiations. "Before the initiation of negotiations, the Agency shall establish an amount which it believes is just compensation for the real property."
[Ed. Note: As with all Columbia Heart Beat articles for the past seven years, dozens of links and sources are provided. That way, when public officials start with old canard that "rumor and misinformation" is driving the debate, readers can say they read the information for themselves. So Please -- get up to speed on the URA if U R Affected!]
HUD handbook on URA relocations -- Introduction, tenant relocation, and land acquisition chapters