Section 2400.10  Purpose

 

The purpose of this Part is to provide relocation assistance for eligible residents and business concerns displaced as a result of the acquisition of land for expansion of the University of Illinois at Chicago within the South Campus Project Area.  This Part is intended to establish a means of providing such relocation assistance and of making expense payments to business concerns and residents in their displacement resulting from a project designed for the benefit of the public as a whole.  These relocation assistance benefits are available to business concerns and residents who will be permanently displaced by the University's South Campus Project and meet the eligibility requirements described in this Part.  The maximum total payments to be made by the University under this Part shall not exceed $900,000.

 

Section 2400.20  Definitions

 

            "Board of Trustees" – means The Board of Trustees of the University of Illinois.

 

            "Business Concern" – means a legally constituted for-profit or not-for-profit enterprise established and lawfully occupying premises in compliance with applicable laws, ordinances, rules, regulations and judicial orders within the Project Area as of August 10, 1998 and continuing until the approved date of move.

 

            "Displaced Resident or Business Concern" – means any eligible resident or business concern that moves from the real property or moves its personal property from the real property within the Project Area.

 

            "Displacing Agency" – means The Board of Trustees of the University of Illinois carrying out any program or project within the Project Area that causes a resident or business concern to be a displaced resident or business concern.

 

            "Dwelling" – means the place of permanent or customary and usual residence of a resident, according to law.

 

            "Good Cause" – means all bills from companies involved in any part of the relocation have not been received by the displaced concern despite efforts to secure those bills; illness or other extraordinary circumstance causes the displaced concern to be unable to complete the submission; or the complexity of the documentation requires additional time for assembly.

 

            "In Lieu Payment" – means a payment made to a displaced business concern as an alternative to filing a relocation claim for actual moving and related expenses.

 

            "Project Area" – means the territory located on or adjacent to the University of Illinois at Chicago Campus and bounded as follows: on the West by Morgan Street, on the North by Roosevelt Road, on the East by Union Street, and on the South by the North boundary of the METRA embankment at 16th Street in the City of Chicago, Cook County, Illinois.

 

            "Relocation Expenses" – means defined eligible moving and related expenses incurred by a resident or business concern within the Project Area because of displacement by the displacing agency.

 

            "Resident" – means a person who maintains a dwelling within the Project Area by ownership or rental, which complies with applicable laws, ordinances, rules, regulations and judicial orders, and who can demonstrate lawful occupancy of the premises as of August 10, 1998 and continuously until the approved date of move.

 

            "Resident" eligibility is further defined to require all of the following:

 

            A person who has not moved before the approved date of move determined through negotiations with the University;

 

            A person who initially entered into occupancy of the dwelling before August 10, 1998 and continuously until the approved date of move;

 

            A person who has not occupied the property for the sole purpose of attempting to obtain relocation assistance under this program;

 

            A person whom the University determines is displaced as a direct result of an acquisition;

 

            A person who is notified in writing that he or she will in fact be displaced for the project and is eligible for relocation assistance; and

 

            A person who loses the right of use and occupancy of the real property following its acquisition by the University.

 

            "University" – means The Board of Trustees of the University of Illinois.

 

Section 2400.30  Business Relocation

 

An eligible business concern displaced by the South Campus Project shall be provided assistance in accordance with the provisions of Section 2400.50 – Business Relocation Services.  The University may retain the professional services of a Relocation Consultant or any other person so designated by the University who shall be authorized to provide help in obtaining a relocation payment to a business concern that is required to move as a result of the University's South Campus Project. For assistance with a relocation claim, please contact:

 

University of Illinois at Chicago

Office of University Counsel

Suite 405 Administrative Office Building

1737 West Polk Street

Chicago, Illinois  60612

Phone: (312) 996-7762

Fax: (312) 996-6455

 

Section 2400.40  Residential Relocation

 

An eligible resident displaced by the South Campus Project shall be provided assistance in accordance with the provisions of Section 2400.60 – Residential Relocation Services.  For assistance with a relocation claim, please contact:

 

University of Illinois at Chicago

Office of University Counsel

Suite 405 Administrative Office Building

1737 West Polk Street

Chicago, Illinois  60612

Phone: (312) 996-7762

Fax: (312) 996-6455

 

Section 2400.50  Business Relocation Services

 

a)         Eligibility.

            Eligibility for relocation benefits is determined by the business concern's lawful occupancy of premises within the Project Area prior to August 10, 1998, and the continued occupation of the premises until the approved date of move, as well as compliance with all requirements under this Part.  The benefits and policies described in this Part only apply to business concerns owning or occupying property within the Project Area.

 

b)         Assistance of University.

            The University itself or through its Relocation Consultant will assist an eligible business concern plan its move from the premises and claim the relocation benefits.  The University may:

 

1)         consult with the business concern regarding the amount of space and other requirements needed at the new location;

 

2)         advise on cost and availability of suitable new premises and supply names of real estate brokers who may be able to assist the business concern with referrals;

 

3)         inform the business concern of the availability of other programs and agencies providing guidance and financial assistance; and

 

4)         assist the business concern with the documentation of its relocation claim.

 

c)         Payment for Actual Moving and Related Expenses.

            A business concern meeting the eligibility requirements may be eligible to receive a payment for actual moving and related expenses not to exceed $20,000 in total.  Actual moving and related expenses may include:

 

1)         Moving expenses, including the cost of insuring, disconnecting, packing and crating, loading, transporting, unloading, unpacking, reshelving, assembling and reconnecting personal property.  A business concern may hire contractors for moving and related work or use its own regular or specially hired employees for all or part of the work;

 

2)         Storage costs made necessary because of relocation;

 

3)         Cost and installation of substitute equipment;

 

4)         Costs of relettering signs and replacing printed matter made obsolete by the move;

 

5)         Professional services of architects, attorneys, engineers and consultants necessary to move, install or plan the move of personal property;

 

6)         Costs for direct loss of personal property, when a business concern elects to dispose of some or all of its personal property rather than relocate it. The payment may not exceed the estimated cost of relocating the personal property not moved;

 

7)         Costs for reestablishing the business concern at another location, including, but not limited to, repairs, modifications or improvements to the replacement real estate, utility hook-ups, impact fees, redecoration or replacement of soiled or worn surfaces, and professional services necessary in connection with the purchase or lease of a replacement site; and

 

8)         Costs incurred while searching for a replacement location, not to exceed $1,000.

 

d)         Procedures Prior to the Move.

            These procedures must be followed to expedite the payment of the relocation claim:

 

1)         At least 30 days but not more than 90 days prior to the move, the business concern must submit a completed Notice of Intent to Relocate form;

 

2)         The business concern shall provide the University with an inventory of items of personal property that are intended to be moved, as well as a list of the related expenses that the business concern intends to claim as allowed in this Section. The University will supply the business concern with all necessary forms.  Only items of personal property may be listed.  No payment may be made for moving any items that are irremovable or part of the real property or included in the compensation paid by the University to acquire property.  Upon review of the inventory listing, the University will inform the business concern of any excluded items.  The University will also evaluate requests for related expenses; and

 

3)         The business concern shall submit copies of all bids, invoices, and related information for costs incurred in its move, and for the related expenses, in order to facilitate the preparation of a relocation claim.

 

            If the business concern intends to move on a contractual basis, the University can assist, upon written request, in identifying moving contractors.

 

            The University is not responsible for any loss or damage during the move.

 

            Moving expenses for which reimbursement may be requested may not be incurred before the business concern has submitted its Notice of Intent to Move or Relocate and any bids and proposals for which reimbursement will be claimed have been approved by the University.  The University must be notified in writing when the moving is to begin so that the required recording of moving activities may be made at the displacement and replacement locations, as applicable.

 

e)         Payment in Lieu of Actual Moving and Related Expenses.

 

1)         As an alternative to filing a relocation claim for moving and related expenses, the business concern may file a claim for an "in lieu payment." Subject to this subsection (e), the "in lieu payment" can be made only to a displaced business concern that meets the following conditions:

 

A)        The business concern owns or rents personal property that must be moved. A list of inventory is required;

 

B)        The business concern moves from the displacement location;

 

C)        The business concern cannot be relocated without a substantial loss of its existing patronage or clientele;

 

D)        The business concern is not part of a commercial enterprise having more than three other establishments engaged in the same or similar type business that are not being displaced;

 

E)        The business concern is not operated at the displacement location solely for the purpose of renting a dwelling or a site to others;  and

 

            AGENCY NOTE: This requirement does not apply to a licensed hotel operation.

 

F)         The business contributed materially to the income of the owner of the business concern.

 

2)         The "in lieu payment" will be based upon the net income of the business concern in recent years, but shall not exceed $20,000.  The relocation claim must be supported by evidence of earnings such as copies of federal income tax returns or certified financial statements audited by an accountant for the years preceding relocation.

 

f)         Making a Relocation Claim.

            The business concern is responsible for submitting an accurate relocation claim adequately supported by the required documentation and signed by the applicant. False or fraudulent relocation claims may be punishable under the law.

 

            If a relocation consultant administers the relocation program, then the consultant shall be responsible for initial determinations of the eligibility of all relocation claims and their components according to this Part.  The University will have final approval of all relocation claims.  The relocation payment will be made by the University directly to the business concern.

 

            Every business concern is urged to work as closely as possible with the University or relocation consultant in order that the relocation claim will be as complete as possible and payable at the earliest possible time.

 

g)         Assembly of the Relocation Claim.

            A relocation claim must include documentary proof that the business concern meets eligibility requirements, that prescribed procedures have been followed, and that the claimed amount of relocation expenses has been incurred.  A claim for a relocation assistance payment must be supported by proper documentation such as bills, certified prices, appraisals, or other evidence of incurred expenses.

 

            The relocation claim should be assembled as soon as the move or displacement is completed. It must include the supporting documentation described for either actual expenses or for the "in lieu payment" and must be made using the relocation forms supplied by the University.

 

            The business concern is responsible for providing a complete relocation claim; however, the University will assist in completing and filing the relocation claim.  Copies of the documentation that the business concern has submitted to the University will be made available upon request by the business concern.

 

            A claim for a relocation assistance payment must be filed with the University within 60 days after:

 

1)         for tenants, the date of displacement.

 

2)         for owners, the date of displacement or the date of the final payment for the acquisition of the real property, whichever is later.

 

            The 60 day time period may be waived by the University for good cause.

 

h)         Payment of the Relocation Claim.

            The University will review claims.  The claimant will be notified in writing as to any additional documentation that is required to support the claim.  Payment for a claim will be made following receipt of proper documentation to support the claim.

 

            After the relocation claim is submitted it must be reviewed by the University for determination of the eligibility of the claimed amounts.

 

            A Letter of Determination will be mailed to the business concern outlining eligible and ineligible costs and the reasons for any disallowances.

 

            If the business concern follows the prescribed procedures and provides complete and adequate documentation, the University will make every effort to expedite its review and payment of the relocation claim.  If a displaced resident or business concern demonstrates the need for an advance relocation payment in order to avoid or reduce a hardship (e.g., moving company does not perform as scheduled, need for interim space for business or storage, cash flow problems), the University may issue payment to a third party providing a relocation service, subject to safeguards as are appropriate to ensure that the objective of the payment is accomplished.

 

            The University will deduct the amount of any advance relocation payment from the relocation payment to which a displaced resident or business concern is otherwise entitled.  The University may not withhold any part of a relocation payment to satisfy an obligation to any creditor other than the University, unless ordered by a court of competent jurisdiction.

 

            If the business concern has objections to any disallowances made by the University, the business concern may submit those objections in writing to the University within 7 days after receipt of the Letter of Determination.  If the University disapproves all or part of a payment claimed or refuses to consider the claim on its merits because of untimely filing or other grounds, it will notify the claimant in writing within 7 days of its final determination and the basis for its determination.

 

Section 2400.60  Residential Relocation Services

 

a)         Eligibility.

            Eligibility for relocation benefits is determined by the lawful occupancy of the premises prior to August 10, 1998, and the continued occupation of the premises until the approved date of move.  A displaced resident will be provided written notice of such eligibility. The benefits and policies described in this Section only apply to a displaced resident residing within the Project Area.

 

b)         Payment for Relocation.

            Residential relocation assistance will follow the same procedures as business concern relocations as nearly as may be practicable, except that the maximum relocation payment shall be $2,000 and there shall be no "in lieu payment" for residential relocation.

 

            If two or more lawful occupants of the displacement dwelling move to separate replacement dwellings, each occupant is entitled to a reasonable prorated share, as determined by the University, of any relocation payments that would have been made if the occupants moved together to a comparable replacement dwelling.

 

Section 2400.70  Benefit Limits – Notification Procedure

 

A displaced resident or business concern will be given as much advance notice as possible of the time that possession of the property will be required. Except in an emergency as determined by the University (e.g., the premises have been determined to be unsafe or the property is interfering with the construction schedule), no one lawfully occupying the property will be given less than 90 days' written notice to vacate their premises.  The notice shall inform a displaced resident or business concern of the relocation assistance that may be available.

 

Section 2400.80  Ineligible Relocation Expenses

 

The following expenses (this list is not exhaustive) are considered ineligible for reimbursement as "actual relocation expenses" and a displaced resident or business concern is not entitled to payment:

 

a)         any additional operating expenses of a business concern incurred because of operating in a new location;

 

b)         improvements to a replacement structure or site;

 

c)         interest on a loan to cover moving expenses;

 

d)         loss of goodwill;

 

e)         loss of profits;

 

f)         loss of trained employees;

 

g)         personal injury;

 

h)         any legal fee or other cost of preparing a claim for relocation assistance or for representing the claimant before the University;

 

i)          any physical changes to the real property, including any improvements thereon, at the replacement location except as specifically provided in this Section; or

 

j)          costs of storage of personal property on real property already owned or leased by the displaced resident or business concern.