[Code of Federal Regulations]
[Title 24, Volume 3]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR576.59]

[Page 222-224]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
  CHAPTER V--OFFICE OF ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND 
        DEVELOPMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 576_EMERGENCY SHELTER GRANTS PROGRAM: STEWART B. McKINNEY HOMELESS 
ASSISTANCE ACT--Table of Contents
 
                     Subpart E_Program Requirements
 
Sec. 576.59  Relocation and acquisition.

    (a) Minimizing displacement. Consistent with the other goals and 
objectives of this part, grantees and recipients must assure that they 
have taken all reasonable steps to minimize the displacement of persons 
(families, individuals, businesses, nonprofit organizations, and farms) 
as a result of a project assisted under this part.

[[Page 223]]

    (b) Relocation assistance for displaced persons. A displaced person 
(defined in paragraph (f)(1) of this section) must be provided 
relocation assistance at the levels described in, and in accordance 
with, 49 CFR part 24, which contains the government-wide regulations 
implementing the Uniform Relocation Assistance and Real Property 
Acquisition Policies Act of 1970 (URA) (42 U.S.C. 4601-4655).
    (c) Real property acquisition requirements. The acquisition of real 
property for a project is subject to the URA and the requirements 
described in 49 CFR part 24, subpart B.
    (d) Responsibility of grantees and recipients. Each grantee and 
recipient must assure that it will comply with the URA, the regulations 
at 49 CFR part 24, and the requirements of this section. The cost of 
assistance required by this section may be paid from local public funds, 
funds provided in accordance with this part, or funds available from 
other sources.
    (e) Appeals. A person who disagrees with the grantee's or 
recipient's determination concerning a payment or other assistance 
required by this section may file a written appeal of that determination 
with the grantee or recipient. The appeal procedures to be followed are 
described in 49 CFR 24.10.
    (f) Definition--(1) Displaced person. (i) The term ``displaced 
person'' means a person (family, individual, business, nonprofit 
organization, or farm) that moves from real property, or moves personal 
property from real property, permanently and involuntarily, as a direct 
result of acquisition, rehabilitation, or demolition for a project 
assisted under this part. Permanent, involuntary moves for an assisted 
project include:
    (A) A permanent move from the real property (building or complex) 
following notice by the grantee, recipient or property owner to move 
permanently from the property, if the move occurs on or after the date 
that the grantee or recipient submits to HUD an application for 
assistance that is later approved and funded;
    (B) A permanent move from the real property that occurs before the 
submission of the application to HUD, if the grantee, recipient or HUD 
determines that the displacement resulted directly from acquisition, 
rehabilitation, or demolition for the project, or
    (C) A permanent move from the real property by a tenant-occupant of 
a dwelling unit that occurs after the execution of the agreement between 
the recipient and HUD if:
    (1) The tenant has not been provided a reasonable opportunity to 
lease and occupy a suitable, decent, safe and sanitary dwelling in the 
same building/complex following the completion of the project at a rent, 
including estimated average utility costs, that does not exceed the 
greater of the tenant's rent and estimated average utility costs before 
the initiation of negotiations, or 30 percent of gross household income; 
or
    (2) The tenant has been required to relocate temporarily but the 
tenant is not offered payment for all reasonable out-of-pocket expenses 
incurred in connection with the temporary relocation or other conditions 
of the temporary relocation are not reasonable, and the tenant does not 
return to the building/complex; or
    (3) The tenant is required to move to another unit in the same 
building/complex but is not offered reimbursement for all reasonable 
out-of-pocket expenses incurred in connection with the move.
    (ii) A person does not qualify as a ``displaced person'' if:
    (A) The person has been evicted for cause based upon a serious or 
repeated violation of material terms of the lease or occupancy agreement 
and HUD determines that the eviction was not undertaken for the purpose 
of evading the obligation to provide relocation assistance;
    (B) The person moved into the property after the submission of the 
application and, before commencing occupancy, received written notice of 
the expected displacement;
    (C) The person is ineligible under 49 CFR 24.2(g)(2); or
    (D) HUD determines that the person was not displaced as a direct 
result of acquisition, rehabilitation, or demolition for the project.

[[Page 224]]

    (iii) The grantee or recipient may, at any time, request a HUD 
determination of whether a displacement is or would be covered under 
this section.
    (2) Initiation of negotiations. For purposes of determining the type 
of replacement housing payment to be made to a residential tenant 
displaced as a direct result of privately undertaken rehabilitation, 
demolition, or acquisition of the real property, the term ``initiation 
of negotiations'' means the execution of the agreement between the 
grantee and HUD.

(Approved by the Office of Management and Budget under OMB control 
number 2506-0089)

[54 FR 46799, Nov. 7, 1989, as amended at 54 FR 52397, Dec. 21, 1989. 
Redesignated at 61 FR 51553, Oct. 2, 1996]