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§ 583. 315 24 CFR Ch. V (4= 1-09 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 (B) 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, 1993, as amended at 59 FR 36892, Ju ly 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 thq 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) ; orr 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 036892, July 19, 1994; 66 FR 6225, ]an. 19,
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