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§ 583.310 24 CFR Ch. V (4-1 -05 Edition) (f) Definition of displaced person. (1) does not return to the building/com- For purposes of this section, the term plex, if either: _ ' ' displaced person" means a person (A) A tenant is not offered payment (family, individual, business, nonprofit for all reasonable out-of-pocket ex- organization, or farm) that moves from penses incurred in connection with the real property, or moves personal prop- temporary relocation, or _ erty from real property permanently as (B) Other conditions of the tem- - a direct result of acquisition, rehabili- porary relocation are not reasonable. ration, or demolition for supportive (v) A tenant of a dwelling who moves housing projects assisted under this from the building/complex perma- part. The term "displaced person" in- nently after he or she has been re- cludes, but may not be limited to: quired to move to another unit in the _ (i) A person that moves permanently same building/complex, if either: from the real property after the prop- (A) The tenant is not offered reim- erty owner (or person in control of the bursement for all reasonable out-of- site) issues a vacate notice, or refuses pocket expenses incurred in connection to renew an expiring lease in order to with the move; or evade the responsibility to provide re- (B) Other conditions of the move are location assistance, if the move occurs not reasonable. on or after the date the recipient sub- (2) Notwithstanding the provisions of mits to HUD the application or appli- paragraph (f) (1) of this section, a per- cation amendment designating the son does not qualify as a "displaced project site. person" (and is 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 (� (1) (i) of this section, if the (i) 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 applica- for the assisted project. ble Federal, State, or local or tribal (iii) A tenant-occupant of a dwelling law, or other good cause, and HUD obligation de- unit who moves permanently from the termines that the eviction was not un- dertaken for the purpose of evading the building/complex on or after the date of o the "initiation of negotiations" (see obligaon to provide relocation assist- paragraph (g) of this section) if the ante; move occurs before the tenant has been (ii) The person moved into the prop- move after the submission of the provided written notice offering him or cation and, before signing a leasea and and her the opportunity to lease and oc- commencing occupancy, was provided cupy a suitable, decent, safe and sani- written notice of the project, its pos- - tary dwelling in the same building/ Bible impact on the person (e.g. , the complex, under reasonable terms and person may be displaced, temporarily _ . conditions, upon completion of the relocated, or suffer a rent increase) and - project. Such reasonable terms and the fact that the person would not conditions must include a monthly qualify as a "displaced person" (or for rent and estimated average monthly any assistance provided under this sec- - - utility costs that do not exceed the tion) , if the project is approved; greater of: (iii) The person is ineligible under 49 (A) The tenant's monthly rent before CFR 24. 2 (g) (2) ; or the initiation of negotiations and esti- (iv) HUD determines that the person mated average utility costs, or was not displaced as a direct result of (B) 30 percent of gross household in- acquisition, rehabilitation, or demoli- come. -If the initial rent is at or near tion for the project. the maximum, there must be a reason- (3) The recipient may request, at any able basis for concluding at the time time, HUD's determination of whether the project is initiated that future rent a displacement is or would be covered increases will be modest. under this section. (iv) A tenant of a dwelling who is re- (g) Definition of initiation of negotia- quired to relocate temporarily, but tions. For purposes of determining the 258