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TSA e NO ACITORITA v 4 r"E COPY ARDO MUM ? . A . �, t, ER �IFICATION ON LAST PAGE " R. SMITH, CLERK be undertaken is not currently assisted under Title N of the McKinneyNento Act. The absence of such assistance to the building means the tenants are not homeless and the tenants are therefore not eligible to receive assistance under the Continuum of Care program. When a tenant moves for such a project under conditions that cause the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), 42 U. S .C. 4601-4655 , to apply, the tenant- must be treated as permanently displaced and - offered relocation assistance and payments consistent with paragraph (c) of this section. (2) Existing Transitional Housing or Permanent Housing Projects Assisted Under Title IV of the McKinney- Vento Act. Consistent with paragraph (c)(2)(ii) of this section, no program participant may be required to relocate , temporarily for a project if the person cannot be offered a decent, safe, and sanitary unit in the same building or complex upon project completion under reasonable terms and conditions. The length of. occupancy requirements in §578.79 may prevent a program participant from returning to the property upon completion (See paragraph (c)(2)(iii)(D) of this section). Any program participant who has been temporarily relocated for a period beyond one year must be treated as permanently displaced and offered relocation assistance and payments consistent with paragraph (c) of this section. Program participants temporarily relocated in accordance with the policies described in this paragraph must be provided. (i) Reimbursement for all reasonable out-of-pocket expenses incurred in connection with the temporary relocation, including the cost of moving to and from the temporarily occupied housing and any increase in monthly rentloccupancy charges and utility costs; and (ii) Appropriate advisory services, including reasonable advance written notice of. (A) The date and approximate duration of the temporary relocation; (B ) The location of the suitable, decent, safe, and sanitary dwelling to be made available for the temporary period; (C) The reasonable terms and conditions under which the program participant will be able to occupy a suitable, decent, safe, and sanitary dwelling in the building or complex upon completion of the project; and (D) The provisions of paragraph (b)(2)(i} of this section. (c) Relocation assistance for displaced persons. ( 1 ) In general. A displaced person (defined in paragrapli`(c)(2) of this section) must be provided relocation assistance in accordance with the requirements of the URA and implementing regulations at 49 CFR part 24. A displaced person must be advised of his or her rights under the Fair Housing Act. Whenever possible, minority persons must be given reasonable opportunities to relocate to decent, safe, and sanitary replacement dwellings, not located in an area of minority concentration, that are within their financial means. This policy, however, does not require providing a person a larger payment than is necessary to enable a person to relocate to a comparable replacement dwelling. See 49 CFR 24.205(c)(2)(ii)(D). (2) Displaced person. (i) For the purposes of paragraph (c) of this section, the term "displaced person" means any person (family, individual, business, nonprofit organization, or farm) that moves from real property, or moves personal property from real property, permanently, as a direct result of acquisition, rehabilitation, or demolition for a project. This includes any permanent, involuntary move for a project, including any permanent move from the real property that is made. (A) After the owner (or person in control of the site) issues a notice to move permanently from the property, or . refuses to renew an expiring lease, if the move occurs after the date of the submission by the recipient, or subrecipient of an application for assistance to HUD (or the recipient, as applicable) that is later approved and funded and the recipient or subrecipient has site control as evidenced,in accordance with §578.25(b); or