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Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 582.335
<br /> must be developed and operated in URA and the requirements described in
<br /> compliance with its provisions and all 49 CFR part 24, subpart R.
<br /> implementing HUD requirements, in- (d) Responsibility of recipient. (1) The
<br /> stead of title VI and the Fair Housing recipient must certify (i.e., provide as-
<br /> Act and their implementing regula- surance of compliance) that it will
<br /> tions. comply with the URA, the regulations
<br /> (ii) [Reserved] at 49 CFR part 24, and the requirements
<br /> (c) Affirmative outreach. (1) If the pro- of this section, and must ensure such
<br /> cedures that the recipient intends to compliance notwithstanding any third
<br /> use to make known the availability of party's contractual obligation to the
<br /> the program are unlikely to reach per- recipient to comply with these provi-
<br /> sons of any particular race, color, reli- sions.
<br /> gion, sex, age, national origin, familial (2) The cost of required relocation as-
<br /> status, or handicap who may qualify sistance is an eligible project cost in
<br /> for assistance, the recipient must es- the same manner and to the same ex-
<br /> tablish additional procedures that will tent as other project costs. Such costs
<br /> ensure that interested persons can ob- also may be paid for with local public
<br /> tain information concerning the assist- funds or £ands available from other
<br /> ance. sources.
<br /> (2) The recipient must adopt proce- (3) The recipient must maintain
<br /> dares to make available information records in sufficient detail to dem-
<br /> on the existence and locations of facili- onstrate compliance with provisions of
<br /> ties and services that are accessible to this section.
<br /> persons with a handicap and maintain (e) Appeals. A person who disagrees
<br /> evidence of implementation of the pro-
<br /> with the recipient's determination con-
<br /> cedures. cerning whether the person qualifies as
<br /> (d) The accessibility requirements, a "displaced person, " or the amount of
<br /> reasonable modification, and accom- relocation assistance for which the per-
<br /> modation requirements of the Fair son is eligible, may file a written ap-
<br /> Housing Act and of section 504 of the
<br /> Rehabilitation Act of 1973, as amended. peal of that determination with the re-
<br /> cipient. Alow-income person who is
<br /> (58 FR 13892, Mar. 15, 1993, as amended at 61 dissatisfied with the recipient's deter-
<br /> FR 5218, Feb. 9, 19961 mination on his or her appeal may sub-
<br /> mit a written request for review of that
<br /> § 582.335 Displacement, relocation, and determination to the HUD field office,
<br /> real property acquisition (f) Definition of displaced person. (1)
<br /> (a) Minimizing displacement. Con- For purposes of this section, the term
<br /> sistent with the other goals and objec- "displaced person" means a person
<br /> tives of this part, recipients must as- (family, individual, business, nonprofit
<br /> sure that they have taken all reason- organization, or farm) that moves from
<br /> able steps to minimize the displace- real property, or moves personal prop-
<br /> ment of persons (families, individuals, erty from real property permanently as
<br /> businesses, nonprofit organizations, a direct result of acquisition, rehabili-
<br /> and farms) as a result of supportive tation, or demolition for supportive
<br /> housing assisted under this part. housing project assisted under this
<br /> (b) Relocationassistance for displaced part. The term "displaced person" in-
<br /> persons. A displaced person (defined in cludes, but may not be limited to :
<br /> paragraph (f) of this section) must be (i) A person that moves permanently
<br /> provided relocation assistance at the from the real property after the prop-
<br /> levels described in, and in accordance erty owner (or person in control of the
<br /> with, the requirements of the Uniform site) issues a vacate notice or refuses
<br /> Relocation Assistance and Real Prop- to renew an expiring lease, if the move
<br /> erty Acquisition Policies Act of 1970 - occurs on or after:
<br /> (URA) (42 U.S.C. 4601-4655) and imple- (A) The date that the recipient sub-
<br /> menting regulations at 49 CFR part 24. mits to HUD an application for assist-
<br /> (c) Real property acquisition require- ance that is later approved and funded,
<br /> ments. The acquisition of real property if the recipient has control of the
<br /> for supportive housing is subject to the project site; or
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