[Code of Federal Regulations]

[Title 49, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR24.404]



[Page 252-253]

 

                        TITLE 49--TRANSPORTATION

 

          Subtitle A--Office of the Secretary of Transportation

 

PART 24_UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION FOR 

FEDERAL AND FEDERALLY-ASSISTED PROGRAMS--Table of Contents

 

                 Subpart E_Replacement Housing Payments

 

Sec. 24.404  Replacement housing of last resort.



    (a) Determination to provide replacement housing of last resort. 

Whenever a program or project cannot proceed on a timely basis because 

comparable replacement dwellings are not available within the monetary 

limits for owners or tenants, as specified in Sec. 24.401 or Sec. 

24.402, as appropriate, the Agency shall provide additional or 

alternative assistance under the provisions of this subpart. Any 

decision to provide last resort housing assistance must be adequately 

justified either:

    (1) On a case-by-case basis, for good cause, which means that 

appropriate consideration has been given to:

    (i) The availability of comparable replacement housing in the 

program or project area;

    (ii) The resources available to provide comparable replacement 

housing; and

    (iii) The individual circumstances of the displaced person, or

    (2) By a determination that:

    (i) There is little, if any, comparable replacement housing 

available to displaced persons within an entire program or project area; 

and, therefore, last resort housing assistance is necessary for the area 

as a whole;

    (ii) A program or project cannot be advanced to completion in a 

timely manner without last resort housing assistance; and

    (iii) The method selected for providing last resort housing 

assistance is cost effective, considering all elements, which contribute 

to total program or project costs.

    (b) Basic rights of persons to be displaced. Notwithstanding any 

provision of this subpart, no person shall be required to move from a 

displacement dwelling unless comparable replacement housing is available 

to such person. No person may be deprived of any rights the person may 

have under the Uniform Act or this part. The Agency



[[Page 253]]



shall not require any displaced person to accept a dwelling provided by 

the Agency under these procedures (unless the Agency and the displaced 

person have entered into a contract to do so) in lieu of any acquisition 

payment or any relocation payment for which the person may otherwise be 

eligible.

    (c) Methods of providing comparable replacement housing. Agencies 

shall have broad latitude in implementing this subpart, but 

implementation shall be for reasonable cost, on a case-by-case basis 

unless an exception to case-by-case analysis is justified for an entire 

project.

    (1) The methods of providing replacement housing of last resort 

include, but are not limited to:

    (i) A replacement housing payment in excess of the limits set forth 

in Sec. 24.401 or Sec. 24.402. A replacement housing payment under 

this section may be provided in installments or in a lump sum at the 

Agency's discretion.

    (ii) Rehabilitation of and/or additions to an existing replacement 

dwelling.

    (iii) The construction of a new replacement dwelling.

    (iv) The provision of a direct loan, which requires regular 

amortization or deferred repayment. The loan may be unsecured or secured 

by the real property. The loan may bear interest or be interest-free.

    (v) The relocation and, if necessary, rehabilitation of a dwelling.

    (vi) The purchase of land and/or a replacement dwelling by the 

displacing Agency and subsequent sale or lease to, or exchange with a 

displaced person.

    (vii) The removal of barriers for persons with disabilities.

    (2) Under special circumstances, consistent with the definition of a 

comparable replacement dwelling, modified methods of providing 

replacement housing of last resort permit consideration of replacement 

housing based on space and physical characteristics different from those 

in the displacement dwelling (see appendix A, Sec. 24.404(c)), 

including upgraded, but smaller replacement housing that is decent, 

safe, and sanitary and adequate to accommodate individuals or families 

displaced from marginal or substandard housing with probable functional 

obsolescence. In no event, however, shall a displaced person be required 

to move into a dwelling that is not functionally equivalent in 

accordance with Sec. 24.2(a)(6)(ii) of this part.

    (3) The Agency shall provide assistance under this subpart to a 

displaced person who is not eligible to receive a replacement housing 

payment under Sec. Sec. 24.401 and 24.402 because of failure to meet 

the length of occupancy requirement when comparable replacement rental 

housing is not available at rental rates within the displaced person's 

financial means. (See Sec. 24.2(a)(6)(viii)(C).) Such assistance shall 

cover a period of 42 months.