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Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 582.335 also may be paid for with local public provided written notice offering him or funds or funds available from other her the opportunity to lease and oc- sources. cupy a suitable, decent, safe and sani- (3) The recipient must maintain tary dwelling in the same building/ records in sufficient detail to dem- complex, under reasonable terms and onstrate compliance with provisions of conditions, upon completion of the this section. project. Such reasonable terfns and (e) Appeals. A person who disagrees conditions must include a monthly with the recipient's determination con- rent and estimated average monthly cerning whether the person qualifies as utility costs that do not exceed the a "displaced person, ' or the amount of greater of: relocation assistance for which the per- (A) The tenant's monthly rent before son is eligible, may file a written ap- the initiation of negotiations and esti- peal of that determination with the re- mated average utility costs, or cipient. A low-income person who is (B) 30 percent of gross household in- dissatisfied with the recipient's deter- mination on his or her appeal may sub- come. If the initial rent is at or near mit a written request for review of that the maximum , there must be a reason- determination to the HUD field office. able basis for concluding at the time (f) Definition of displaced person. (1) the project is initiated that future rent For purposes of this section, the term increases will be modest. "displaced person" means a person (iv) A tenant of a dwelling who is re- (family, individual , business, nonprofit quired to relocate temporarily, but organization, or farm) that moves from does not return to the building/com- real property, or moves personal prop- plex, if either: erty from real property permanently as (A) A tenant is not offered payment a direct result of acquisition, rehabili- for all reasonable out-of-pocket ex- tation, or demolition for supportive penses incurred in connection with the housing project assisted under this temporary relocation, or part. The term "displaced person" in- (B) Other conditions of the tem- cludes, but may not be limited to: porary relocation are not reasonable, (f) A person that moves permanently (v) A tenant of a dwelling who moves from the real property after the prop- from the building/complex perma- erty owner (or person in control of the nently after he or she has been re- site) issues a vacate notice or refuses quired to move to another unit in the to renew an expiring lease, if the move same building/complex, if either: occurs on or after: (A) The date that the recipient sub- bur(°s The tenant is not offered t-of- mits to HUD an application for assist- pocket e t ex for all reasonable connection that is later approved and funded, Pocket expenses incurred in connection with the move; or if the recipient has control of the project site; or (B) Other conditions of the move are (B) The date that the recipientob- not reasonable. tains control of the project site, if such (2) Notwithstanding the provisions of control is obtained after the submis- paragraph (f) (1) of this section, a per- sion of the application to HUD. son does not qualify as a "displaced (h) Any person, including a person person" (and is not eligible for reloca- who moves before the date described in tion assistance under the URA or this paragraph (f) (1) (1) of this section, if the section) , if: recipient or HUD determines that the (I) The person has been evicted for se- displacement resulted directly from ac- rious or repeated violation of the terms quisition, rehabilitation, or demolition and conditions of the lease or occu- for the assisted project. pancy agreement, violation of applica- (iii) A tenant-occupant of a dwelling ble Federal, State, or local or tribal unit who moves permanently from the law, or other good cause, and HUD de- building/complex on or after the date of termines that the eviction was not un- the " initiation of negotiations" (see dertaken for the purpose of evading the paragraph (g) of this section) if the obligation to provide relocation assist- move occurs before the tenant has been ance; 245