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§ 582.340 24 CFR Ch. V (4-1 -06 Edition) (B) The date that the recipient ob- (2) Notwithstanding the provisions of tains control of the project site, if such paragraph (f)(1) of this section, a per- control is obtained after the submis- son does not qualify as a "displaced sion of the application to HUD. person" (and 1s not eligible for reloca- (ii) Any person, including a person tion assistance under the URA or this who moves before the date described in section), if: paragraph (f)(1)(i) of this section, if the (f) The person has been evicted for se- recipient or HUD determines that the rious or repeated violation of the terms displacement resulted directly from ac- and conditions of the lease or occu- quisition, rehabilitation, or demolition pancy agreement, violation of appbea- for the assisted project. his Federal, State, or local or tribal (iii) A tenant-occupant of a dwelling law, or other good cause, and HUD de- unit who moves permanently from the termines that the eviction was not un- building/complex on or after the date of dertaken for the purpose of evading the the "initiation of negotiations" (see obligation to provide relocation assist- paragraph (g) of this section) if the ance; move occurs before the tenant has been (if) The person moved into the prop- provided written notice offering him or her the opportunity to lease and oc- erty after the submission of the appli- cupy a suitable, decent, safe and sani- cation and, before signing a lease and tary dwelling in the same building/ commencing occupancy, was provided complex, under reasonable terms and written notice of the project, its pos- conditions, upon completion of the sible impact on the person (e.g. , the project. Such reasonable terms and Person may be displaced, temporarily conditions must include a monthly relocated, or suffer a rent increase) and rent and estimated average monthly the fact that the person would not utility costs that do not exceed the qualify as a "displaced person" (or for greater of: any assistance provided under this sec- (A) The tenant's monthly rent before tion), if the project is approved; the initiation of negotiations and esti- (iii) The person is ineligible under 49 mated average utility costs, or CFR 24.2(8)(2); or (B) 30 percent of gross household in- (iv) HUD determines that the person come. If the initial rent is at or near was not displaced as a direct result of the maximum, there must be a reason- acquisition, rehabilitation, or demoli- able basis for concluding at the time tion for the project. the project is initiated that future rent (3) The recipient may request, at any - increases will be modest. time, HUD 's determination of whether (iv) A tenant of a dwelling who is re- a displacement is or would be covered quired to relocate temporarily, but under this section. does not return to the building/com- plex, if either: (g) Definition of initiation odeo7 determining the (A) A tenant is not offered payment tions. For purposes of determining the for all reasonable out-of-pocket ex- formula for computing the replacement housing assistance to be provided to a tenses mporary relocation, in connection with the residential tenant displaced as a direct temporary relocation, or result of privately undertaken rehabili- (B) Other conditions the tem- tation, demolition, or acquisition of porrelocation are not reasonable . the real property, the term "initiation (v)) A A tenant of a dwelling who moves of negotiations" means the execution from the building/complex perma- nently of the agreement between the recipient after he or she has been re- and HUD, or selection of thero ect quired to move to another unit in the site, if later. P ] same building/complex, if either: (A) The tenant is not offered refm- § 582.340 Other Federal requirements. - bursement for all reasonable out-of- pocket expenses incurred in connection In addition to the Federal require- with the move; or ments set forth in 24 CFR part 5, the (B) Other conditions of the move are following requirements apply to this -not reasonable. program: - 248