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Ofc. of Asst. Secy., Comm. Planning, Develop., HUD
<br />the project is initiated that future rent increases
<br />will be modest.
<br />(iv) A tenant of a dwelling who is required
<br />to relocate temporarily, but does not return to
<br />the building/complex, if either:
<br />(A) A tenant is not offered payment for all
<br />reasonable out-of-pocket expenses incurred in
<br />connection with the temporary relocation, or
<br />(B) Other conditions of the temporary
<br />relocation are not reasonable.
<br />(v) A tenant of a dwelling who moves from
<br />the building/complex permanently afterhe or
<br />she has been required to move to another unit
<br />in the same building/complex, if either:
<br />(A) The tenant'is not offered
<br />reimbursement for all reasonable out-of-pocket
<br />expenses incurred in connection with the move;
<br />or
<br />(B) Other conditions of the move are not
<br />reasonable.
<br />(2) Notwithstanding the provisions of
<br />paragraph (f)(1) of this section, a person does
<br />not qualify as a "displaced person" (and is not
<br />eligible for relocation assistance under the URA
<br />or this section), if:
<br />(i) The person has been evicted for serious
<br />or repeated violation of the terms and
<br />conditions of the lease or occupancy agreement,
<br />violation of applicable Federal, State, or*local or
<br />tribal law, or other good cause, and HUD
<br />determines that the eviction was not undertaken
<br />for the purpose of evading the obligation to
<br />provide relocation assistance;
<br />(ii) The person moved into the property
<br />after the submission of the application and,
<br />before signing a lease and commencing
<br />occupancy, was provided written notice of the
<br />project, its possible impact on the person (e.g.,
<br />the person may be displaced, temporarily
<br />relocated, or suffer a rent increase) and the fact
<br />that the person would not qualify as a
<br />"displaced person" (or for any assistance
<br />provided under this section), if the project Is
<br />approved;
<br />(Iii) The person is ineligible under 49 CFR
<br />24.2(g)(2); or
<br />(iv) HUD determines that the person was
<br />not displaced as a direct result of acquisition,
<br />rehabilitation, or demolition for the project.
<br />(3) The recipient may request, at any time,
<br />HUD's determination of whether
<br />www.hud.gov
<br />§ 582.340
<br />a displacement is or would be covered under
<br />this section.
<br />(g) Definition of initiation of negotiations.
<br />For purposes of determining the formula for
<br />computing the replacement housing assistance
<br />to be provided to a residential tenant displaced
<br />as a direct result of privately undertaken
<br />rehabilitation, demolition, or acquisition of the
<br />real property, the term "initiation of
<br />negotiations" means the execution of the
<br />agreement between the recipient and HUD, or
<br />selection of the project site, if later.
<br />§ 582.340 Other Federal requirements.
<br />In addition to the Federal requirements set forth
<br />in 24 CFR part 5, the following requirements
<br />apply to this program:
<br />(a) OMB Circulars.1 (1) The policies,
<br />guidelines, and requirements of OMB Circular
<br />No. A-87 (Cost Principles Applicable to Grants,
<br />Contracts and Other Agreements with State and
<br />Local Governments) and 24 CFR part 85 apply
<br />to the acceptance and use of assistance under
<br />the program by .governmental entities, and OMB
<br />Circular Nos. A-110 (Grants and Cooperative
<br />Agreements with Institutions of Higher
<br />Education, Hospitals, and, Other Nonprofit
<br />Organizations) and 24 CFR part 84 and A-122
<br />(Cost Principles Applicable to Grants, Contracts
<br />and Other Agreements with Nonprofit
<br />Institutions) apply to the acceptance and use of
<br />assistance by private nonprofit organizations,
<br />except where inconsistent with provisions of the
<br />McKinney Act, other Federal statutes, or this
<br />part.
<br />(2) The financial management systems
<br />used by recipients under this program must
<br />provide for audits in accordance with the
<br />provisions of 24 CFR part 44. Private nonprofit
<br />organizations who are subrecipients are subject
<br />to the audit requirements of 24 CFR part 45.
<br />HUD may perform or require additional audits as
<br />it finds necessary or appropriate.
<br />(b) Conflict of interest. (1) In addition to
<br />the conflict of interest requirements
<br />1 Copies of OMB Circulars may be obtained from E.O.P. Publications,
<br />room 2200, New Executive Office Building, Washington, DC 20503,
<br />telephone (202) 395-7332. (This is not a toll-free number.) There is
<br />a limit of two free copies.
<br />espanol.hud.gov
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