Just this week I got a nasty phone call from a displacee threatening to sue me, the relocation agent, for essentially doing my job. Why? Because the condemning authority (my client) required justifiable and proper documentation for the claim. Should I have to fear the prospect of costly litigation by performing my duties? Of course not.
Under the Uniform Relocation and Real Properties Acquisition Policies Act (URA), displaced persons are entitled to assistance and benefits under the Code of Federal Regulations. Relocation agents are often perceived as a liaison between the displacee and the displacing agency. However, relocation agents are more aptly described as “bastions of the regulations”. Our job is to make sure that displacees get every dollar due them, but not a penny more. But despite an agent’s best efforts, there are times that a displaced person is dissatisfied with the results and the relocation agent risks becoming the target of their disappointment.
The Uniform Act has a built-in administrative appeal process which should be used when a displacee is dissatisfied with the Agency’s decisions. We often see appeals filed over denied claims. And sometimes appeals are filed when someone believes that they are displaced, but the agency has not made them eligible for relocation benefits. Basically, any displacee or potential displacee can file an appeal if they believe that the agency has failed to properly consider that person’s application for assistance (49 CFR § 24.10(b)). It is a well-designed system that protects relocation agents who are just doing their job.
The rules governing administrative appeals can be found at 49 CFR § 24.10 and are straightforward. Any decision being appealed must be in writing. The agency must set a reasonable time limit to file an appeal and must review all pertinent information provided. The agency is also tasked with making a determination and notifying the displace of its decision in writing. Displacees have the right to representation and, subject to certain limitations, the right to review materials pertaining to the appeal. If the appeal is denied, the agency will notify the displacee of his or her right to seek a judicial review of the determination.
Unfortunately, the regulations do not set forth a specific format or procedure for administrative appeals. It is the displacing agency’s responsibility to structure an appeal process which follows the rules set forth above. However, failure to define a format or procedure does not create a path for alternate courses of actions — like lawsuits against the relocation agent.
Regarding my disgruntled displacee, I have advised him that I will submit the relocation claim without the proper documentation, if that is his desire. I have also advised him that his claim will likely be denied for that very reason. He has been advised that he will have the right to file an appeal to the agency decision, whatever it may be. At no point, however, am I or the agency the proper target of litigation.
Kristen Bennett, SR/WA, R/W-RAC, is the President of Blackbird Right of Way, LLC, offering right of way services throughout the State of Texas.
I just requested to be added to your subscription. As a Right of Way professional and also a Relocation Agent, this topic concerns me.
Thank you.
In Virginia relocation is not just regulations they are administrative law. Will that have any impact on the litigation as this is not typical?
[…] about how relocation agents and agencies are increasingly met with the threat of legal action. That article argued that relocation agents and agencies are not the proper target of litigation. […]