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§ 583 . 315 24 CFR Ch . V (41 - 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 HUDs
<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 essential to the others, are considered a single
<br /> ( B) Other conditions of the move are not project, whether or not all component activities
<br /> reasonable . receive assistance under this part.
<br /> ( 2 ) Notwithstanding the provisions of ( 58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36892, July 19,
<br /> paragraph ( f) ( 1 ) of this section, a person does 1994]
<br /> not qualify as a "displaced person " ( and is not
<br /> eligible for relocation assistance under the URA § 583 . 315 Resident rent.
<br /> or this section ), if: (a ) Calculation of resident rent . Each
<br /> ( i ) The person has been evicted for serious resident of supportive housing may be required
<br /> or repeated violation of the terms and to pay as rent an amount determined by the
<br /> conditions of the lease or occupancy agreement, recipient which may not exceed the highest of:
<br /> violation of applicable Federal, State, or local or ( 1 ) 30 percent of the family's monthly
<br /> tribal law, or other good cause, and HUD adjusted income ( adjustment factors include the
<br /> determines that the eviction was not undertaken number of people in the family, age of family
<br /> for the purpose of evading the obligation to members, medical expenses and child care
<br /> provide relocation assistance; expenses) . The calculation of the family's
<br /> ( ii ) The person moved into the property monthly adjusted income must include the
<br /> after the submission of the application and, expense deductions provided in 24 CFR
<br /> before signing a lease and commencing 5 . 611 (a ), and for persons with disabilities, the
<br /> occupancy, was provided written notice of the calculation of the family's monthly adjusted
<br /> project, its possible impact on the person ( e. g . , income also must include the disallowance of
<br /> the person may be displaced , temporarily earned income as provided in 24 CFR 5 . 617, if
<br /> relocated, or suffer a rent increase) and the fact applicable;
<br /> that the person would not qualify as a ( 2) 10 percent of the family's monthly
<br /> "displaced person " (or for any assistance gross income; or
<br /> provided under this section ) , if the project is ( 3 ) If the family is receiving payments for
<br /> approved ; welfare assistance from a public agency and a
<br /> ( iii ) The person is ineligible under 49 CFR part of the payments, adjusted in accordance
<br /> 24 . 2 ( g )( 2 ) ; or with the family's actual housing costs, is
<br /> ( iv ) HUD determines that the person was specifically designated by the agency to meet
<br /> not displaced as a direct result of acquisition , the family's housing costs, the portion of the
<br /> rehabilitation , or demolition for the project. payment that is designated for housing costs .
<br /> ( 3 ) The recipient may request, at any time, ( b ) Use of rent. Resident rent may be used
<br /> HUD 's determination of whether a displacement in the operation of the project or may be
<br /> is or would be covered under this section . reserved, in whole or in part, to assist residents
<br /> ( g ) Definition of initiation of negotiations , of transitional housing in moving to permanent
<br /> For purposes of determining the formula for housing .
<br /> computing the replacement housing assistance (c) Fees . In addition to resident rent,
<br /> to be provided to a residential tenant displaced recipients may charge residents reasonable fees
<br /> as a direct result of privately undertaken for services not paid with grant funds .
<br /> rehabilitation , demolition, or acquisition of the ( 58 FR 13871, Mar . 15, 1993, as amended at 59
<br /> FR 36892, July 19, 199x; 66 FR 6225, )an . 19,
<br /> real property, the term " initiation of
<br /> 2001]
<br /> negotiations" means the execution
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