Chapter 79A – Relocation Laws and Information

M.G.L. Chapter 79A is the state law that requires relocation assistance for residents and businesses displaced by development projects that use public funds. The Executive Office of Housing and Livable Communities (EOHLC) Bureau of Relocation administers the state’s relocation regulations to comply with this law.

Table of Contents

Who We Serve

The Bureau of Relocation works with public agencies and developers carrying out a covered activity by providing technical assistance to interpret and comply with the state requirements.

The Bureau of Relocation cannot help individuals find new housing.

This law does not provide funds to pay moving expenses for individuals or families seeking emergency housing. If you are an individual seeking housing assistance, learn about emergency and long-term housing help for MA residents, or email Housing.Help@mass.gov.

Covered Activities

Some, but not all, publicly funded activities that may result in permanent displacement and the relocation of residents and businesses include, but are not limited to:

  • Construction, or renovation, of state-aided public housing.
  • Construction or expansion of public facilities (such as a state college).
  • Construction or expansion of local schools.
  • Transportation improvements.
  • Local public works or parks improvements.
  • Acquisition of private property by State and local government.
  • Some projects undertaken in accordance with an approved urban renewal plan under M.G.L. c. 121B, such as an acquisition of real property financed with public funds.
  • Some projects by an Urban Redevelopment Corporation using M.G.L. c. 121A.

Public agencies or urban redevelopment corporations that take land through the use of eminent domain are required to provide relocation assistance to any displaced residents or businesses.

79A State Relocation Assistance – How it Works

The Bureau of Relocation works with agencies and developers by following these general steps:

  1. First, the Bureau of Relocation is contacted by a public agency or developer who uses public funds, or eminent domain, to engage in any covered activity which may result in the displacement of a resident or business. Some covered projects may only involve federal funding, and it is important that the project follow the relocation requirements of the appropriate federal government office. Sometimes, a project includes a mixture of local, state, and federal funding and there may be relocation laws and regulations associated with each of the funding sources.
  2. The public agency or developer often hires an expert who will help them work through the relocation process. This expert is referred to as the relocation advisory agency (RAA) or relocation agent, and, when applicable, they are approved by the Bureau of Relocation to meet state 79A requirements. Sometimes, when a public agency can demonstrate that there are in-house staff and/or contracted personnel who have relocation experience and the qualifications to assist a displaced resident or business, they can be approved by the Bureau of Relocation as the RAA.
  3. With the help of their RAA, the public agency or developer evaluates the impacts of a project, determines if there are eligible residents or businesses that might be displaced, provides advisory services to residents or businesses, and plans for their relocation needs.
  4. For a covered activity, when the occupants of more than five homes or businesses are permanently displaced, the public agency or developer, with the help of their RAA, provides the Bureau of Relocation with a written relocation plan. The plan includes a description of the needs of these displaced occupants and assistance that the public agency or developer will provide, as well as an estimate of relocation costs. The Bureau of Relocation reviews these plans in accordance with state law.
  5. Regardless of the number of residents or businesses permanently displaced, with the help of their RAA, the public agency or developer handles, and pays for, all the relocation advisory services and assistance which must be provided. This will include written notice to each resident or business explaining their eligibility for relocation assistance. It may also include a payment for moving and related expenses and for replacement housing. In the case of a business, it may include help with, or a payment for, moving and reestablishment costs. The Bureau of Relocation does not provide relocation or housing assistance directly to any individual and does not provide funding to an individual or a business for these expenses.
  6. The public agency or developer, with the help of their RAA, reviews and determines the total amount of the relocation payment to a resident or business. The Bureau of Relocation reviews a copy of the relocation claim when the total paid to a resident or business exceeds $50,000.
  7. The Bureau of Relocation conducts administrative hearings under M.G.L. Chapter 30A after a request for further review when there is a dispute over the eligibility for a relocation payment or the amount of a payment.

These general steps discuss permanent relocation, which is when a resident or business will not be able to return. Relocation can also be temporary. An example of this is when a local housing authority renovates an occupied residential building, and tenants must leave their homes temporarily. If relocation is temporary, public agencies and developers should refer to the EOHLC Temporary Relocation Guidelines because the steps above may be modified.

If you are eligible for relocation assistance due to a covered activity, you should receive written notice from the public agency or developer with information about the project and details about relocation. Do not move before you learn what you must do to receive the relocation payments and other assistance you may be entitled to receive. Moving ahead of time may make you ineligible to receive relocation assistance.

The public agency or their RAA will explain the conditions for eligibility, the types of available relocation assistance and payments, and how to obtain them.

State and federal funding in a project can trigger both state and federal relocation requirements.

You should contact the RAA, the public agency, or developer, who is named in any written notice you received with questions you might have about the relocation assistance that you are eligible for. EOHLC and the Bureau of Relocation do not directly provide any moving services or financial assistance for a move made by an individual, family, or business.

State Resources

More information can be found in the state relocation laws and regulations.

Temporary Relocation Guidance

Find out more about EOHLC’s temporary relocation guidance for projects that may involve the temporary relocation of residential occupants.

Bureau of Relocation Decisions

This is an index of written relocation decisions issued by the Bureau of Relocation after hearings pursuant to the requirements of M.G.L. c. 30A.

For copies of any of the decisions listed in this index please contact Christine McClave, chris.mcclave@mass.gov or (617) 573-1503 or Francia Nova, Francia.Nova@mass.gov, (617) 573-1501.

You can download the PDF version of index here.

Federal Resources

When your project has federal financial assistance, you should check with the federal agency or department providing federal funding to your project to learn about the requirements and obligations for the relocation of eligible residents and businesses.

Uniform Relocation Act (URA)

The U.S. Department of Transportation is designated as the lead federal agency for the Uniform Relocation Act, a role filled by the U.S. Federal Highway Administration’s (FHWA’s) Office of Real Estate Services. More information about the URA can be found in federal law and regulations.

U.S. Department of Housing and Urban Development (HUD)

These are some links to relocation information that may be helpful for HUD-funded projects.

Training Resources

Check with the training agencies on updates to specific relocation training resources based on changes in laws, regulations, policies, or guidance.

International Right of Way Association

The International Right of Way Association (IRWA) is a global, non-for-profit, member-led organization of professionals in the right of way industry.

U.S. Department of Housing and Urban Development

URA the HUD Way module topics:

  • Module 1: URA Overview
  • Module 2: Section 104(d) Overview
  • Module 3: URA Planning & Budgeting
  • Module 4: Real Property Acquisition
  • Module 5: Residential Relocation
  • Module 6: Nonresidential Relocation
  • Module 7: Temporary Relocation
  • Module 8: Administration & Oversight

National Highway Institute

Contact

Phone

Please listen for phone menu options for EOHLC divisions

Tara Smith, press secretary

Mass211 is available 24/7 to answer general questions about EOHLC housing or home energy programs. Translation available.

Address

Main Office
100 Cambridge St, Suite 300, Boston, MA 02114

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