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A TRUE COPY
<br /> CERTIFICATION ON LAST PAGE
<br /> J . K . BARTON , CLERK
<br /> § 583 . 315 24 CFR Ch . V (44 - 09 Edition )
<br /> ( v ) A tenant of a dwelling who moves from of the agreement between the recipient and
<br /> the building/complex permanently after he or HUD ,
<br /> she has been required to move to another unit ( h ) Definition of project . For purposes of
<br /> in the same building/complex, if either : this section , the term " project" means an
<br /> ( A) The tenant is not offered undertaking paid for in whole or in part with
<br /> reimbursement for all reasonable out-of pocket assistance under this part . Two or more
<br /> expenses incurred in connection with the move ; activities that are integrally related , each
<br /> or ( 6 ) Other conditions of the move are not essential to the others , are considered a single
<br /> reasonable . project, whether or not all component activities
<br /> ( 2 ) Notwithstanding the provisions of receive assistance under this part.
<br /> paragraph ( f)( 1 ) of this section , a person does (58 FR 13871 , Mar . 15, 19931 as amended at 59 FR 36892, July 19,
<br /> not qualify as a " displaced person " ( and is not 1994 )
<br /> eligible for relocation assistance under the URA
<br /> or this section ) , if : § 583 . 315 Resident rent.
<br /> ( i ) The person has been evicted for serious (a ) Calculation of resident rent . Each
<br /> or repeated violation of the terms and resident of supportive housing may be required
<br /> conditions of the lease or occupancy agreement, to pay as rent an amount determined by the
<br /> violation of applicable Federal , State, or local or recipient which may not exceed the highest of:
<br /> tribal law, or other good cause, and HUD ( 1 ) 30 percent of the family's monthly
<br /> determines that the eviction was not undertaken adjusted income ( adjustment factors include the
<br /> for the purpose of evading the obligation to number of people in the family, age of family
<br /> provide relocation assistance ; members, medical expenses and child care
<br /> ( ii ) The person moved into the property expenses ) . The calculation of the family' s
<br /> after the submission of the application and , monthly adjusted income must include the
<br /> before signing a lease and commencing expense deductions provided in 24 CFR
<br /> occupancy, was provided written notice of the 5 . 611 (a ) , and for persons with disabilities, the
<br /> project, its possible impact on the person (e . g . , calculation of the family's monthly adjusted
<br /> the person may be displaced , temporarily income also must include the disallowance of
<br /> relocated , or suffer a rent increase ) and the fact earned income as provided in 24 CFR 5 . 617, if
<br /> that the person would not qualify as a applicable ;
<br /> "displaced person " (or for any assistance ( 2 ) 10 percent of the family's monthly
<br /> provided under this section ) , if the project is gross income; or
<br /> approved ; ( 3 ) If the family is receiving payments for
<br /> ( iii ) The person is ineligible under 49 CFR welfare assistance from a public agency and a
<br /> 24 . 2 ( g )( 2 ) ; or part of the payments, adjusted in . accordance
<br /> ( iv) HUD determines that the person was with the family's actual housing costs, is
<br /> not displaced as a direct result of acquisition , specifically designated by the agency to meet
<br /> rehabilitation , or demolition for the project, the family' s housing costs, the portion of the
<br /> ( 3 ) The recipient may request, at any time, payment that is designated for housing costs .
<br /> HUD ' s determination of whether a displacement ( b ) Use of rent. Resident rent may be used
<br /> is or would be covered under this section , in the operation of the project or may be
<br /> ( g ) Definition of initiation of negotiations , reserved, in whole or in part, to assist residents
<br /> For purposes of determining the formula for of transitional housing in moving to permanent
<br /> computing the replacement housing assistance housing .
<br /> to be provided to a residential tenant displaced ( c ) Fees . In addition to resident rent,
<br /> as a direct result of privately undertaken recipients may charge residents reasonable fees
<br /> rehabilitation , demolition , or acquisition of the for services not paid with grant funds ,
<br /> real property, the term " initiation of [ 58 FR 13871 , Mar. 15 , 1993 , as amended at 59
<br /> negotiations" means the execution FR 36892 , July 19, 1994 ; 66 FR 6225 , Jan . 19,
<br /> 2001 ]
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