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A Ti Ur COPY <br /> CERTIFICATION ON LAST PAGE <br /> J . K . BARTON , CLERK <br /> Applicant : Indian River County Board of Commissioners 32960 <br /> Project : FL-509 - Ren - CoCWide HMIS Renewal FL0308134H090901 <br /> ( e ) Appeals . A person who disagrees with the recipient' s determination concerning whether <br /> the person qualifies as a displaced person , or the amount of relocation assistance for which the <br /> person is eligible , may file a written appeal of that determination with the recipient . A low- income <br /> person who is dissatisfied with the recipient's determination on his or her appeal may submit a <br /> written request for review of that determination to the HUD field office . <br /> (f) Definition of displaced person . ( 1 ) For purposes of this section , the term " displaced <br /> person " means a person (family , individual , business , nonprofit organization , or farm ) that moves <br /> from real property , or moves personal property from real property permanently as a direct result <br /> of acquisition , rehabilitation , or demolition for supportive housing projects assisted under this <br /> part . The term "displaced person " includes , but may not be limited to : <br /> ( i ) A person that moves permanently from the real property after the property owner ( or <br /> person in control of the site ) issues a vacate notice , or refuses to renew an expiring lease in <br /> order to evade the responsibility to provide relocation assistance , if the move occurs on or after <br /> the date the recipient submits to HUD the application or application amendment designating the <br /> project site . <br /> ( ii ) Any person , including a person who moves before the date described in paragraph (f)( 1 ) (i ) <br /> of this section , if the recipient or HUD determines that the displacement resulted directly from <br /> acquisition , rehabilitation , or demolition for the assisted project . <br /> ( iii ) A tenant-occupant of a dwelling unit who moves permanently from the building/complex <br /> on or after the date of the " initiation of negotiations" (see paragraph ( g ) of this section ) if the <br /> move occurs before the tenant has been provided written notice offering him or her the <br /> opportunity to lease and occupy a suitable , decent, safe and sanitary dwelling in the same <br /> building/ complex , under reasonable terms and conditions , upon completion of the project. Such <br /> reasonable terms and conditions must include a monthly rent and estimated average monthly <br /> utility costs that do not exceed the greater of: <br /> (A) The tenant' s monthly rent before the initiation of negotiations and estimated average utility <br /> costs , or <br /> ( B ) 30 percent of gross household income . If the initial rent is at or near the maximum , there <br /> must be a reasonable basis for concluding at the time the project is initiated that future rent <br /> increases will be modest. <br /> ( iv ) A tenant of a dwelling who is required to relocate temporarily , but does not return to the <br /> building/complex , if either : <br /> (A) A tenant is not offered payment for all reasonable out- of- pocket expenses incurred in <br /> connection with the temporary relocation , or <br /> ( B ) Other conditions of the temporary relocation are not reasonable . <br /> (v ) A tenant of a dwelling who moves from the building /complex permanently after he or she <br /> has been required to move to another unit in the same building /complex , if either: <br /> (A) The tenant is not offered reimbursement for all reasonable out-of- pocket expenses <br /> incurred in connection with the move ; or <br /> ( B ) Other conditions of the move are not reasonable . <br /> ( 2 ) Notwithstanding the provisions of paragraph (f) ( 1 ) of this section , a person does not <br /> qualify as a " displaced person " (and is not eligible for relocation assistance under the URA or <br /> this section ) , if: <br /> ( i ) Termination of housing assistance <br /> Consolidated Grant Agreement Page 19 03/08/2010 <br />