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2008-117D
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2008-117D
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Last modified
3/29/2016 2:03:48 PM
Creation date
10/1/2015 12:06:07 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/15/2008
Control Number
2008-117D
Agenda Item Number
8.G.4
Entity Name
Development of Housing and Urban Development
Subject
2007 Shelter Plus Care Renewal and Consolidation
Project Number
FL29C709005
Alternate Name
HUD
Supplemental fields
SmeadsoftID
6968
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(c) Real property acquisition requirements . ( ii ) Any person , including a person who moves <br /> The acquisition of real property for supportive before the date described in paragraph (f) ( 1 ) ( 1 ) <br /> housing is subject to the URA and the of this section , if the recipient or HUD determines <br /> requirements described in 49 CFR part 24, that the displacement resulted directly from <br /> subpart B . acquisition , rehabilitation , or demolition for the <br /> ( d ) Responsibility of recipient . ( 1 ) The assisted project . <br /> recipient must certify ( i . e . , provide assurance of ( iii ) A tenant- occupant of a dwelling unit who <br /> compliance) that it will comply with the URA, the moves permanently from the building/complex on <br /> regulations at 49 CFR part 24 , and the or after the date of the ' ' initiation of <br /> requirements of this section , and must ensure negotiations" (see paragraph (g ) of this section ) <br /> such compliance notwithstanding any third if the move occurs before the tenant has been <br /> party 's contractual obligation to the recipient to provided written notice offering him or her the <br /> comply with these provisions . opportunity to lease and occupy a suitable , <br /> ( 2 ) The cost of required relocation assistance decent, safe and sanitary dwelling in the same <br /> is an eligible project cost in the same manner and building/complex, under reasonable terms and <br /> tconditions, upon completion of the project. Such <br /> o the same extent as other project costs . Such <br /> costs also may be paid for with local public funds reasonable terms and conditions must include a <br /> or funds available from other sources . monthly rent and estimated average monthly <br /> utility costs that do not exceed the greater of: <br /> ( 3 ) The recipient must maintain records in (A) The tenant's monthly rent before the <br /> sufficient detail to demonstrate compliance with initiation of negotiations and estimated average <br /> provisions of this section . utility costs, or <br /> (e) Appeals . A person who disagrees with the ( B) 30 percent of gross household income . If <br /> recipient's determination concerning whether the the initial rent is at or near the maximum , there <br /> person qualifies as a ' ' displaced person , " or the must be a reasonable basis for concluding at the <br /> amount of relocation assistance for which the time the project is initiated that future rent <br /> person is eligible, may file a written appeal of increases will be modest. <br /> that determination with the recipient . A low- <br /> income person who is dissatisfied with the ( iv ) A tenant of a dwelling who is required to <br /> recipient's determination on his or her appeal relocate temporarily, but does not return to the <br /> may submit a written request for review of that building/complex, if either : <br /> determination to the HUD field office . (A) A tenant is not offered payment for all <br /> (f) Definition of displaced person . ( 1 ) For reasonable out-of- pocket expenses incurred in <br /> purposes of this section , the term " displaced connection with the temporary relocation , or <br /> person " means a person (family , individual , ( B ) Other conditions of the temporary <br /> business, nonprofit organization , or farm ) that relocation are not reasonable . <br /> moves from real property, or moves personal <br /> property from real property permanently as a (v) A tenant of a dwelling who moves from the <br /> direct result of acquisition , rehabilitation , or building/complex permanently after he or she has <br /> demolition for supportive housing project assisted been required to move to another unit in the <br /> under this part. The term " displaced person " same building/complex, if either : <br /> includes , but may not be limited to : (A) The tenant is not offered reimbursement <br /> ( i ) A person that moves permanently from the for all reasonable out- <br /> real property after the property owner (or person of- pocket expenses incurred in connection with <br /> in control of the site) issues a vacate notice or the move ; or <br /> refuses to renew an expiring lease, if the move <br /> occurs on or after : ( B) Other conditions of the move are not <br /> (A) The date that the recipient submits to HUD reasonable . <br /> an application for assistance that is later ( 2 ) Notwithstanding the provisions of <br /> approved and funded , if the recipient has control paragraph (f) ( 1 ) of this section , a person does <br /> of the project site ; or not qualify as a ' � displaced person " (and is not <br /> ( B) The date that the recipient obtains control eligible for relocation assistance under the URA or <br /> of the project site , if such control is obtained this section ) , if: <br /> after the submission of the application to HUD . <br /> 10 <br />
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