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(d) Responsibility of recipient. ( 1 ) The recipient must certify (A) The tenant's monthly rent before the initiation of negotiations
<br /> (i . e. , provide assurance of compliance) that it will comply with and estimated average utility costs, or
<br /> the URA, the regulations at 49 CFR part 24, and the (B) 30 percent of gross household income. If the initial rent is at
<br /> requirements of this section, and must ensure such compliance or near the maximum, there must be a reasonable basis for
<br /> notwithstanding any third party's contractual obligation to the concluding at the time the project is initiated that future rent
<br /> recipient to comply with these provisions . increases will be modest.
<br /> (2) The cost of required relocation assistance is an eligible (iv) A tenant of a dwelling who is required to relocate
<br /> project cost in the same manner and to the same extent as temporarily, but does not return to the building/complex, if
<br /> other project costs. Such costs also may be paid for with local either:
<br /> public funds or funds available from other sources . (A) A tenant is not offered payment for all reasonable out-of-
<br /> (3 ) The recipient must maintain records in sufficient detail to pocket expenses incurred in connection with the temporary
<br /> demonstrate compliance with provisions of this section . relocation, or
<br /> (e) Appeals. A person who disagrees with the recipient's (B) Other conditions of the temporary relocation are not
<br /> determination concerning whether the person qualifies as a reasonable.
<br /> "displaced person," or the amount of relocation assistance for (v) A tenant of a dwelling who moves from the building/complex
<br /> which the person is eligible, may file a written appeal of that permanently after he or she has been required to move to another
<br /> determination with the recipient. A low-income person who is unit in the same building/complex, if either:
<br /> dissatisfied with the recipient's determination on his or her (A) The tenant is not offered reimbursement for all reasonable
<br /> appeal may submit a written request for review of that out-of-pocket expenses incurred in connection with the move; or
<br /> determination to the HUD field office. (B) Other conditions of the move are not
<br /> (f) Definition of displaced person. ( 1 ) For purposes of this reasonable .
<br /> section, the term "displaced person " means a person (family, (2) Notwithstanding the provisions of paragraph (f)( 1 ) of this
<br /> individual, business, nonprofit organization, or farm) that section, a person does not qualify as a "displacedperson "
<br /> (and is
<br /> moves from real property, or moves personal property from not eligible for relocation assistance under the URA or this
<br /> real property permanently as a direct result of acquisition , section), if:
<br /> rehabilitation, or demolition for supportive housing project (i ) The person has been evicted for serious or repeated violation
<br /> assisted under this part. The term "displaced person" includes, of the terms and conditions of the lease or occupancy agreement,
<br /> but may not be limited to : violation of applicable Federal, State, or local or tribal law, or
<br /> (i) A person that moves permanently from the real property other good cause, and HUD determines that the eviction was not
<br /> after the property owner (or person in control of the site) undertaken for the purpose of evading the obligation to provide
<br /> issues a vacate notice or refuses to renew an expiring lease, if relocation assistance;
<br /> the move occurs on or after:
<br /> (A) The date that the recipient submits to HUD an application
<br /> for assistance that is later approved and funded, if the recipient
<br /> has control of the project site ; or
<br /> (b) Conflict of interest. ( 1 ) In addition to the conflict of interest
<br /> requirements in 24 CFR part 85, no person who is an employee,
<br /> (ii) The person moved into the property after the submission agent, consultant, officer, or elected or appointed official of the
<br /> of the application and, before signing a lease and commencing recipient and who exercises or has exercised any functions or
<br /> occupancy, was provided written notice of the project, its responsibilities with respect to assisted activities , or who is in a
<br /> possible impact on the person (e.g. , the person may be position to participate in a decisionmaking process or gain inside
<br /> displaced, temporarily relocated, or suffer a rent increase) and information with regard to such activities, may obtain a personal
<br /> the fact that the person would not qualify as a "displaced or financial interest or benefit from the activity, or have an
<br /> person " (or for any assistance provided under this section), if interest in any contract, subcontract, or agreement with respect
<br /> the project is approved ; thereto, or the proceeds thereunder, either for himself or herself
<br /> (iii) The person is ineligible under 49 CFR 24.2(g)(2); or or for those with whom he or she has family or business ties,
<br /> (iv) HUD determines that the person was not displaced as a during his or her tenure or for one year thereafter. Participation
<br /> direct result of acquisition, rehabilitation, or demolition for the by homeless individuals who also are participants under the
<br /> project. program in policy or decisionmaking under §582 .300 of this part
<br /> (3) The recipient may request, at any time, HUD's does not constitute a conflict of interest.
<br /> determination of whether a displacement is or would be (2) Upon the written request of the recipient, HUD may grant an
<br /> covered under this section . exception to the provisions of paragraph (b)( 1 ) of this section on
<br /> (g) Definition of initiation of negotiations. For purposes of a case-by-case basis when it determine that the exception will
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