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§ 582.335 <br />24 CFR Ch. V (4-1-09 Edition) <br />§ 582.335 Displacement, relocation, and <br />(f) Definition of displaced person. (1) For <br />real property acquisition. <br />purposes of this section, the term "displaced <br />(a) Minimizing displacement. Consistent <br />person" means a person (family, individual, <br />with the other goals and objectives of this part, <br />business, nonprofit organization, or farm) that <br />recipients must assure that they have taken all <br />moves from real property, or moves personal <br />reasonable steps to minimize the displacement <br />property from real property permanently as a <br />of persons (families, individuals, businesses, <br />direct result of acquisition, rehabilitation, or <br />nonprofit organizations, and farms) as a result <br />demolition for supportive housing project <br />of supportive housing assisted under this part. <br />assisted under this part. The term "displaced <br />(b) Relocation assistance for displaced <br />person" includes, but may not be limited to: <br />persons. A displaced person (defined in <br />(1) A person that moves permanently from <br />paragraph (f) of this section) must be provided <br />the real property after the property owner (or <br />relocation assistance at the levels described in, <br />person in control of the site) issues a vacate <br />and in accordance with, the requirements of the <br />notice or refuses to renew an expiring lease, if <br />Uniform Relocation Assistance and Real Property <br />the move occurs on or after: <br />Acquisition Policies Act of 1970 (URA) (42 U.S.C. <br />(A) The date that the recipient submits to <br />46011-4.6- 55) and implementing regulations at 4-9 <br />HUD an application for assistance that is later <br />CFR part 24. <br />approved and funded, if the recipient has <br />(c) Real property acquisition requirements. <br />control of the project site; or <br />The acquisition of real property for supportive <br />(B) The date that the recipient obtains <br />housing is subject to the URA and the <br />control of the project site, if such control is <br />requirements described in 49 CFR part 24, <br />obtained after the submission of the application <br />subpart B. <br />to HUD. <br />(d) Responsibility of recipient. (1) The <br />(ii) Any person, including a person who <br />recipient must certify (i.e., provide assurance of <br />moves before the date described in paragraph <br />compliance) that it will comply with the URA, <br />(17(1)(1) of this section, if the recipient or HUD <br />the regulations at 49 CFR part 24, and the <br />determines that the displacement resulted <br />requirements of this section, and must ensure <br />directly from acquisition, rehabilitation, or <br />such compliance notwithstanding any third <br />demolition for the assisted project, <br />party's contractual obligation to the recipient to <br />(iii) A tenant -occupant of a dwelling unit <br />comply with these provisions. <br />who moves permanently from the <br />(2) The cost of required relocation <br />building/complex on or after the date of the <br />assistance is an eligible project cost in the same <br />"initiation of negotiations" (see paragraph (g) of <br />manner and to the same extent as other project <br />this section) if the move occurs before the <br />costs. Such costs also may be paid for with local <br />tenant has been provided written notice offering <br />public funds or funds available from other <br />him or her the opportunity to lease and occupy <br />sources. <br />a suitable, decent, safe and sanitary dwelling in <br />(3) The recipient must maintain records in <br />the same building/ complex, under reasonable <br />sufficient detail to demonstrate compliance with <br />terms and conditions, upon completion of the <br />provisions of this section. <br />project. Such reasonable terms and conditions <br />(e) Appeals. A person who disagrees with <br />must include a monthly rent and estimated <br />the recipient's determination concerning <br />average monthly utility costs that do not exceed <br />whether the person qualifies as a "displaced <br />the greater of: <br />person, or the amount of relocation assistance <br />(A) The tenant's monthly rent before the <br />for which the person is eligible, may file a <br />initiation of negotiations and estimated average <br />written appeal of that determination with the <br />utility costs, or <br />recipient. A low-income person who is <br />(B) 30 percent of gross household income. <br />dissatisfied with the recipient's determination on <br />If the initial rent is at or near the maximum, <br />his or her appeal may submit a written request <br />there must be a reasonable <br />for review of that determination to the HUD <br />basis for concluding at the time <br />field office. <br />www.hud.gov <br />espanol.hud.gov Page 15 <br />50 <br />