Laserfiche WebLink
§ 582. 335 24 CFR Ch . V (41 - 09 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 person " 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 person " 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 submits to <br /> 4601 -4655 ) 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 obtains <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 /> party's 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 /> assistance is an eligible project cost in the same " initiation of negotiations" (see paragraph ( g) of <br /> manner and to the same extent as other project this section ) if the move occurs before the <br /> costs. Such costs also may be paid for with local tenant has been provided written notice offering <br /> public funds or funds available from other him or her the opportunity to lease and occupy <br /> 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 recipient' s determination concerning average monthly utility costs that do not exceed <br /> whether the person qualifies as a "displaced the greater of: <br /> person, " or the amount of relocation assistance (A) The tenant's 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 income. <br /> dissatisfied with the recipient's determination on If the initial rent is at or near the maximum, <br /> his or her appeal may submit a written request there must be a reasonable <br /> for review of that determination to the HUD basis for concluding at the time <br /> field office. <br /> www , hud. gov cspanol . hud. gov Page 15 <br />