Displacement under CDBG or HOME Program
Any person who has been displaced for a federally-assisted project may file a written appeal with the State if the person believes that the Grantee failed to properly consider their application for assistance under the Uniform Act or Section 104(d) of the Housing and Community Development Act. A person may file an appeal in any case in which the person believes that the Grantee failed to properly consider the person’s application for relocation assistance. Relocation assistance issues that may be appealed include, but are not limited to, a person’s eligibility for a relocation payment or the amount of a relocation payment provided. Relocation payments include payment for moving, replacement housing or commercial re-establishment expenses.
A person has the right to be represented by legal counsel or other representative in connection with his or her appeal, but solely at the person’s own expense. The Grantee shall permit the person to inspect and copy all materials pertinent to his or her appeal, except materials which are classified as confidential. The imposition of reasonable conditions on the person’s right to inspect will be set consistent with applicable laws.
The time limit for filing an appeal is sixty (60) days after the person receives written notification of the Grantee’s determination on the person’s eligibility for assistance or the amount of assistance claimed.
A displaced person may contact the State of Colorado if they wish to discuss filing an appeal.
Contact: James Spiers, CDBG Public Facilities Program Manager
Address: Colorado Department of Local Affairs
1313 Sherman Street, Room 521
Denver, CO 80203
Phone: 720-892-8307
Written appeals shall be considered regardless of form. A written appeal must be submitted to:
Contact: James Spiers, CDBG Public Facilities Program Manager
Address: Colorado Department of Local Affairs
1313 Sherman Street, Room 521
Denver, CO 80203
State staff conducting the review shall forward a copy of the request for review to the Grantee within fifteen (15) calendar days of receipt and instruct the Grantee to respond to the State concerning the issues raised in the request within thirty (30) calendar days of receipt of the State’s request. The State may also ask the Grantee and if applicable the subgrantee to submit its complete case file and may request additional information from the affected individual.
The State shall make a written determination on the review of the appeal, including an explanation of the basis on which the decision was made, and provide a copy to the person within 45 days after receipt of all information submitted by the Grantee and the person. In deciding an appeal, the State will consider pertinent justification and material submitted by the Grantee and by the displaced person and to ensure a fair and full review of the appeal.
The State’s response shall include, but need not be limited to:
- The State’s determination on review of the appeal;
- The factual and legal basis upon which the decision is based, including any pertinent explanation;
- If any payment or other relief to the person is required to be made, the amount and manner of payment should be outlined in the response to the individual along with a statement of the person’s right to seek further State assistance in the event such relief is not provided within 45 days. (In such cases, the State will need to provide direction to the Grantee regarding required corrective action); and
- If the full relief requested is not granted a statement of the person’s right to seek judicial review.
Request for Additional Time
If a person makes a reasonable request for additional time to gather information and prepare for a written appeal or request the State’s review, he or she shall be granted a reasonable amount of time.
Tracking
The Tenant Relocation Plan must include details of the appeals process consistent with 49 CFR Part 24.10. Recipients must track all appeals submitted and the outcome of each decision. Written responses to tenants must include information regarding the tenant’s ability to appeal the decision. Refer to HUD Handbook 1378 for more information on the appeals process.
Determination on Persons Not Displaced
Review of a displacing Agency’s determination that a person is not displaced under the URA based on HUD program regulations is to be undertaken by the State in the same manner as URA or Section 104(d) appeals.