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Ofc. of Asst. Secy., Comm . Planning, Develop., HUD § 582 . 340
<br /> the project is initiated that future rent increases a displacement is or would be covered under
<br /> will be modest. this section .
<br /> ( iv ) A tenant of a dwelling who is required ( g ) Definition of initiation of negotiations,
<br /> to relocate temporarily, but does not return to For purposes of determining the formula for
<br /> the building/complex, if either : computing the replacement housing assistance
<br /> (A) A tenant is not offered payment for all to be provided to a residential tenant displaced
<br /> reasonable out-of- pocket expenses incurred in as a direct result of privately undertaken
<br /> connection with the temporary relocation , or rehabilitation , demolition , or acquisition of the
<br /> ( B) Other conditions of the temporary real property, the term " initiation of
<br /> relocation are not reasonable . negotiations" means the execution of the
<br /> (v ) A tenant of a dwelling who moves from agreement between the recipient and HUD, or
<br /> the building/complex permanently after he or selection of the project site, if later.
<br /> she has been required to move to another unit
<br /> in the same building/complex, if either : § 582. 340 Other Federal requirements,
<br /> (A) The tenant is not offered In addition to the Federal requirements set forth
<br /> reimbursement for all reasonable out-of- pocket in 24 CFR part 5, the following requirements
<br /> expenses incurred in connection with the move; apply to this program :
<br /> or ( a ) OMB Circulars . ) ( 1 ) The policies,
<br /> ( B) Other conditions of the move are not guidelines, and requirements of OMB Circular
<br /> reasonable. No . A-87 ( Cost Principles Applicable to Grants,
<br /> ( 2) Notwithstanding the provisions of Contracts and Other Agreements with State and
<br /> paragraph ( f)( 1 ) of this section, a person does Local Governments) and 24 CFR part 85 apply
<br /> not qualify as a "displaced person " (and is not to the acceptance and use of assistance under
<br /> eligible for relocation assistance under the URA the program by governmental entities, and OMB
<br /> or this section ), if: Circular Nos. A- 110 (Grants and Cooperative
<br /> ( i ) The person has been evicted for serious Agreements with Institutions of Higher
<br /> or repeated violation of the terms and Education , Hospitals, and Other Nonprofit
<br /> conditions of the lease or occupancy agreement, Organizations) and 24 CFR part 84 and A- 122
<br /> violation of applicable Federal, State, or local or (Cost Principles Applicable to Grants, Contracts
<br /> tribal law, or other good cause, and HUD and Other Agreements with Nonprofit
<br /> determines that the eviction was not undertaken Institutions) apply to the acceptance and use of
<br /> for the purpose of evading the obligation to assistance by private nonprofit organizations,
<br /> provide relocation assistance ; except where inconsistent with provisions of the
<br /> ( ii) The person moved into the property McKinney Act, other Federal statutes, or this
<br /> after the submission of the application and, part.
<br /> before signing a lease and commencing ( 2 ) The financial management systems
<br /> occupancy, was provided written notice of the used by recipients under this program must
<br /> project, its possible impact on the person (e . g . , provide for audits in accordance with the
<br /> the person may be displaced, temporarily provisions of 24 CFR part 44. Private nonprofit
<br /> relocated , or suffer a rent increase) and the fact organizations who are subrecipients are subject
<br /> that the person would not qualify as a to the audit requirements of 24 CFR part 45 .
<br /> "displaced person" (or for any assistance HUD may perform or require additional audits as
<br /> provided under this section ), if the project is it finds necessary or appropriate.
<br /> approved; ( b) Conflict of interest. ( 1 ) In addition to
<br /> ( iii ) The person is ineligible under 49 CFR the conflict of interest requirements
<br /> 24 . 2 (g )( 2 ) ; or
<br /> ( iv ) HUD determines that the person was
<br /> not displaced as a direct result of acquisition, 1 Copies of OMB Circulars may be obtained from E .O. P. Publications,
<br /> rehabilitation or demolition for the project. room 2200, New Executive Office Building, Washington, DC 20503,
<br /> p telephone (202 ) 395-7332 . (This is not a toll-free number. ) There is
<br /> ( 3 ) The recipient may request, at any time, a limit of two free copies.
<br /> HUD's determination of whether
<br /> www. hud . gov cspanol . hud. gov Page 16
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