Laserfiche WebLink
A TRUE COPY <br /> CERTIFICATION ON LAST PAGE <br /> J . K . BARTON , CLERK <br /> § 582 . 335 24 CFR Ch . V ( 4L1Z09 Edition ) <br /> § 582. 335 Displacement, relocation , and ( f) Definition of displaced person . ( 1 ) For <br /> real property acquisition . purposes of this section , the term ' � displaced <br /> ( a ) Minimizing displacement. Consistent personLL means a person ( family, individual , <br /> with the other goals and objectives of this part, business, nonprofit organization , or farm ) that <br /> recipients must assure that they have taken all moves from real property, or moves personal <br /> reasonable steps to minimize the displacement property from real property permanently as a <br /> of persons ( families, individuals, businesses, direct result of acquisition , rehabilitation , or <br /> nonprofit organizations, and farms) as a result demolition for supportive housing project <br /> of supportive housing assisted under this part. assisted under this part . The term ' ' displaced <br /> ( b ) Relocation assistance for displaced personLL includes, but may not be limited to : <br /> persons . A displaced person ( defined in ( i ) A person that moves permanently from <br /> paragraph ( f) of this section ) must be provided the real property after the property owner ( or <br /> relocation assistance at the levels described in , person in control of the site ) issues a vacate <br /> and in accordance with , the requirements of the notice or refuses to renew an expiring lease, if <br /> Uniform Relocation Assistance and Real Property the move occurs on or after : <br /> Acquisition Policies Act of 1970 ( URA) ( 42 U . S . C. (A) The date that the recipient sub- mits to <br /> 460144655 ) and implementing regulations at 49 HUD an application for assistance that is later <br /> CFR part 24 . approved and funded , if the recipient has <br /> (c) Real property acquisition requirements . control of the project site ; or <br /> The acquisition of real property for supportive ( B) The date that the recipient ob-tains <br /> housing is subject to the URA and the control of the project site , if such control is <br /> requirements described in 49 CFR part 24, obtained after the submission of the application <br /> subpart B . to HUD . <br /> (d ) Responsibility of recipient. ( 1 ) The ( ii ) Any person , including a person who <br /> recipient must certify ( i . e . , provide assurance of moves before the date described in paragraph <br /> compliance) that it will comply with the URA, (f) ( 1 ) ( i ) of this section , if the recipient or HUD <br /> the regulations at 49 CFR part 24, and the determines that the displacement resulted <br /> requirements of this section , and must ensure directly from acquisition , rehabilitation , or <br /> such compliance notwithstanding any third demolition for the assisted project . <br /> party4s contractual obligation to the recipient to ( iii ) A tenant-occupant of a dwelling unit <br /> comply with these provisions . who moves permanently from the <br /> ( 2 ) The cost of required relocation building/complex on or after the date of the <br /> as- sistance is an eligible project cost in the ' ' initiation of negotiationsLL ( see paragraph (g ) <br /> same manner and to the same extent as other of this section ) if the move occurs before the <br /> project costs . Such costs also may be paid for tenant has been provided written notice offering <br /> with local public funds or funds available from him or her the opportunity to lease and occupy <br /> other sources . a suitable, decent, safe and sanitary dwelling in <br /> ( 3 ) The recipient must maintain records in the same building/ complex, under reasonable <br /> sufficient detail to demonstrate compliance with terms and conditions, upon completion of the <br /> provisions of this section . project. Such reasonable terms and conditions <br /> (e) Appeals . A person who disagrees with must include a monthly rent and estimated <br /> the recipient4s determination concerning average monthly utility costs that do not exceed <br /> whether the person qualifies as a ' ' displaced the greater of: <br /> person , LL or the amount of relocation assistance ( A ) The tenant4s monthly rent before the <br /> for which the person is eligible , may file a initiation of negotiations and estimated average <br /> written appeal of that determination with the utility costs , or <br /> recipient. A low- income person who is ( B ) 30 percent of gross household in -come , <br /> dissatisfied with the recipient4s determination If the initial rent is at or near the maximum , <br /> on his or her appeal may submit a written there must be a reasonable <br /> request for review of that determination to the basis for concluding at the time <br /> HUD field office . <br /> www . 11ud . g0V espanol . hud . gov Page 15 <br />