Relocation Assistance Claim - Connecticut

RELOCATION ASSISTANCE CLAIM — CONNECTICUT

SUBMITTED VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AND EMAIL

I. INTRODUCTION AND STATUTORY BASIS

This is a formal claim for relocation assistance benefits submitted by [CLAIMANT NAME] ("Claimant"), a displaced person required to move as a direct result of the acquisition / displacing activity of [DISPLACING AGENCY] ("Agency") for the [PROJECT] (the "Project").

This claim is made under Connecticut's Uniform Relocation Assistance Act, Conn. Gen. Stat. § 8-266 et seq., which establishes a uniform policy for the fair and equitable treatment of persons displaced by the acquisition of real property and which is administered consistently with the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4601 et seq., and 49 C.F.R. Part 24. State-highway acquisitions proceed under Conn. Gen. Stat. § 13a-73.

These benefits are separate from and in addition to condemnation damages and are neither a substitute for nor a duplication of just compensation.

II. CLAIMANT AND DISPLACEMENT DETAILS

Type of displaced person (select all that apply):

☐ Residential owner-occupant (owned and occupied at least 90 days before initiation of negotiations) (42 U.S.C. § 4623; 49 C.F.R. § 24.401)
☐ Residential tenant (occupied at least 90 days before initiation of negotiations) (42 U.S.C. § 4624; 49 C.F.R. § 24.402)
☐ Business owner / operator (Conn. Gen. Stat. § 8-268; 49 C.F.R. §§ 24.301–24.306)
☐ Farm operation
☐ Nonprofit organization

Cause / type of displacement:

☐ Total acquisition of the property
☐ Partial acquisition rendering the property unusable / uninhabitable
☐ Permanent / temporary easement requiring relocation
☐ Code enforcement / government-supervised rehabilitation / demolition
☐ Other: [________________________________]

III. ELIGIBILITY

Claimant certifies eligibility as a "displaced person" under Conn. Gen. Stat. § 8-267 and 49 C.F.R. § 24.2, and that Claimant:

☐ Lawfully occupied the displaced property;
☐ Moved (or will move) as a direct result of the Agency's acquisition / displacing activity;
☐ Has rented or purchased and occupied (or will occupy) a decent, safe, and sanitary replacement dwelling / site within the applicable period;
☐ Has not previously received payment for the items claimed; and
☐ For business/farm/nonprofit claims, meets the substantial-loss-of-patronage and material-contribution standards (49 C.F.R. § 24.305).

IV. ITEMIZED BENEFITS CLAIMED

(a) Moving Expenses

Residential — choose ONE method (Conn. Gen. Stat. § 8-268; 49 C.F.R. §§ 24.301–24.302):

☐ Actual reasonable moving expenses (documented):

☐ Fixed Residential Moving Cost Schedule (FHWA schedule; no receipts) — rooms of furniture: [____] — fixed amount: $[____]

Business / Farm / Nonprofit moving expenses (49 C.F.R. §§ 24.301, 24.303):

(b) Replacement-Housing / Rental / Down-Payment Assistance

☐ 90-day homeowner-occupant (49 C.F.R. § 24.401; cap $41,200 — confirm):

☐ 90-day tenant (or eligible owner electing to rent) (49 C.F.R. § 24.402; cap $9,570 — confirm):

(c) Business / Farm Reestablishment + Fixed Payment In Lieu

☐ Reestablishment expenses (small business / farm / nonprofit) (49 C.F.R. § 24.304; cap $33,200 — confirm):

☐ Fixed payment in lieu of moving & reestablishment (business / farm / nonprofit) (49 C.F.R. § 24.305; $1,000 min – $53,200 max — confirm). Average annual net earnings: $[____]. Fixed payment claimed: $[____]

(d) Incidental / Closing Costs (49 C.F.R. §§ 24.401(f), 24.402(c))

(e) Advisory Services (Conn. Gen. Stat. § 8-270; 42 U.S.C. § 4625; 49 C.F.R. § 24.205)

☐ I was offered relocation advisory assistance and referrals to comparable replacement dwellings/sites.
☐ I was informed in writing of my relocation rights and benefits.
☐ I was NOT provided required advisory services (explain): [________________________________]

Documentation checklist (attach; check all included):

☐ Copy of displacement / acquisition / code-enforcement notice
☐ Two moving estimates and/or paid invoices and receipts
☐ Proof of occupancy and dates (lease, deed, utility bills, tax records)
☐ Settlement statement / closing disclosure for replacement dwelling
☐ Mortgage documents (displacement and replacement)
☐ Business / farm tax returns and financial statements (2+ years)
☐ Photographs / inventory of personal property
☐ Comparable replacement dwelling / site documentation
☐ Other: [________________________________]

TOTAL RELOCATION BENEFITS CLAIMED: $[____]

V. STATUTORY BASIS AND CAPS

1. State Uniform Relocation Assistance Act. Conn. Gen. Stat. § 8-266 et seq. requires uniform, fair, and equitable treatment of displaced persons and is administered consistently with the federal Uniform Act and 49 C.F.R. Part 24.
2. Moving expenses — actual reasonable cost or the FHWA fixed schedule (residential); actual cost, search, and direct-loss for nonresidential (49 C.F.R. §§ 24.301–24.303).
3. Replacement housing — 90-day owner-occupant payment up to $41,200 (49 C.F.R. § 24.401); 90-day tenant rental/down-payment up to $9,570 (49 C.F.R. § 24.402). These caps reflect the MAP-21 (2014) increases as later adjusted.
4. Reestablishment up to $33,200 (49 C.F.R. § 24.304); fixed payment in lieu $1,000–$53,200 (49 C.F.R. § 24.305).
5. Code-enforcement limit (distinct). On a code-enforcement displacement, Conn. Gen. Stat. § 8-268 caps the amount a landlord must reimburse the municipality for a lawfully displaced tenant at $4,000 (Haynes v. Rajala, 2003). This reimbursement cap does not reduce the displaced person's benefit entitlement on an acquisition project.
6. 18-month claim period. All claims must be filed no later than 18 months after the date of displacement (tenants) or the later of displacement or final acquisition payment (owners). 49 C.F.R. § 24.207(d). Good cause extensions are available.

VI. DEMAND FOR DETERMINATION AND PAYMENT

Claimant requests that the Agency:

1. Determine eligibility and the amount of each benefit and issue payment of $[____]; and
2. Within [____] days of the date of this claim, and no later than [__/__/____], provide a written determination identifying any amount approved or denied, the basis for any denial, and the procedures and time limit for appeal.

Claimant requests expeditious review and, if a hardship exists, an advance payment under 49 C.F.R. § 24.207(c).

VII. RESERVATION OF RIGHTS AND APPEAL

1. This relocation claim is separate from and does not waive, reduce, or compromise Claimant's claim to condemnation damages / just compensation (e.g., Conn. Gen. Stat. § 13a-73; reassessment of damages).
2. Claimant reserves the right to amend or supplement this claim and submit additional documentation.
3. Appeal. If any benefit is denied or reduced, Claimant may file a written appeal with the Agency. CTDOT maintains relocation-assistance appeal regulations; the appeal time limit is not less than 60 days after written notice of the determination (49 C.F.R. § 24.10(c)). Claimant is entitled to representation (at Claimant's expense), to inspect non-confidential file materials, and to review by an official not involved in the original determination, followed by a written decision. Claimant may seek judicial review after the administrative appeal.

Nothing in this claim is an admission or waiver.

VIII. CERTIFICATION AND SIGNATURE

I certify under penalty of perjury that the information in this claim is true and correct and that the expenses claimed were or will be actually incurred in connection with my displacement.

Signature: [________________________________]

Printed name: [CLAIMANT NAME] ☐ Displaced person ☐ Authorized representative

Date: [__/__/____]

Prepared by (if representative): [__________] Phone: [__________] Email: [__________]

IX. CONNECTICUT PRACTICE NOTES

• Program / agencies. Conn. Gen. Stat. § 8-266 et seq. (Uniform Relocation Assistance Act) governs. CTDOT acquires highway right-of-way under § 13a-73 and administers relocation for transportation projects; the Department of Housing and municipalities administer relocation on housing/redevelopment and code-enforcement matters.
• Broad scope. The Act reaches residential and business properties, farms, and nonprofits, and applies to displacement by acquisition, code enforcement, and government-supervised rehabilitation — not just acquisitions.
• Code-enforcement nuance. § 8-268 caps a landlord's reimbursement obligation to a municipality at $4,000 for a lawfully displaced tenant (Haynes v. Rajala); § 8-270 authorizes municipal liens for reimbursement. Short-term displacements during repairs may not trigger the Act (Matter of Wagner; Dukes v. Durante).
• Caps follow federal. Confirm current 49 C.F.R. Part 24 caps with the agency on federally assisted projects: $41,200 (homeowner), $9,570 (tenant), $33,200 (reestablishment), $53,200 max fixed payment.
• Deadlines. 18 months to file (49 C.F.R. § 24.207(d)); appeal within at least 60 days (49 C.F.R. § 24.10(c); CTDOT relocation appeal regulations).
• Federal interplay. Connecticut's Act tracks the federal Uniform Act; on federally assisted projects, benefit levels and procedures follow 49 C.F.R. Part 24.

X. SOURCES AND REFERENCES

• Conn. Gen. Stat. §§ 8-266 to 8-282 (Uniform Relocation Assistance Act) — https://www.cga.ct.gov/current/pub/chap_135.htm
• Conn. Gen. Stat. § 13a-73 (state highway acquisition) — https://www.cga.ct.gov/
• Conn. Agencies Regs. (CTDOT relocation assistance / appeal) — https://eregulations.ct.gov/
• Haynes v. Rajala, 2003 WL 352969 (Conn. Super. 2003); Matter of Wagner, 115 B.R. 403 (D. Conn. 1990); Dukes v. Durante, 192 Conn. 207 (1984)
• 42 U.S.C. § 4601 et seq.; §§ 4622–4625 — https://uscode.house.gov/
• 49 C.F.R. Part 24 (esp. §§ 24.301–24.305, 24.401–24.404, 24.10, 24.207) — https://www.ecfr.gov/current/title-49/part-24
• FHWA Uniform Act final rule (eff. June 3, 2024), 89 FR 36908 — https://www.federalregister.gov/

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. Relocation benefits, caps, and deadlines vary by funding source and agency and change over time. A Connecticut-licensed attorney should review and customize this document, and all amounts should be confirmed with the displacing agency, before filing.