1983-26 CRA - Laserfiche WebLink

Home Browse Search

. . . RESOLUTION NO. 83-26 PAGE THREE parties. While such documentation is not ordinarily required or available for moving expenses in the case of a self-move, the Agency would have been entitled to obtain independent bids or estimates of moving expenses in lieu of such documentation (or an agreed-upon estimate such as the February 18 letter agreement) on which to base a determination of proper relocation assistance payments. In this case, however, this Agency was precluded from doing so by reason of Green's Furniture, Inc.'s failure (apart from the discussions leading up to the February 18,1981 letter agreement) to consult with Agency staff on the relocation of Green's Furniture, Inc. As noted previously, Green's Furniture, Inc. never represented to the Agency that it was incurring additional expenses that were not addressed or anticipated in the letter agreement until this claim was filed, long after the move took place. Agency staff were thereby deprived of the opportunity to evaluate (or reevaluate) the actuality and reasonableness of any additional expenses on the basis of either independently-derived or agreed-upon estimates. If Green's Furniture, Inc. did in fact incur moving and related expenes other than those addressed in the letter agreement, it acted unreasonably in failing to communicate with Agency staff in a timely manner. Their present inability to provide any meaningful substantiation for the amounts they now claim is primarily their own responsibility. d. As a separate and independent basis for denial of that portion of the said claim pertaining to "Loss of Personal Property," the claimant failed to establish its eligibility for payment for any actual loss of any items of tangible personal property incurred as a result of the claimant's move. The claimant made no good faith effort to sell such property, nor did it transfer ownership of such property to the Agency as required by 24 CFR §§ 42.307 and 42.309. e. As a separate and independent basis for the denial of that portion of the said claim pertaining to "Theft Loss," the governing federal relocation assistance guidelines do not allow payment of such costs. Rather it was the responsibility of the claimant to protect itself from such costs through appropriate insurance. f. As a separate and independent basis for the denial of that portion of the said claim pertaining to "storage costs," no evidence, description, or explanation of storage exists by which the Agency could determine that any storage of claimant's personal property was necessary. A"~ ~ 6A