[Code of Federal Regulations]

[Title 24, Volume 4]

[Revised as of April 1, 2006]

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

[CITE: 24CFR1000.14]



[Page 734-736]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 1000_NATIVE AMERICAN HOUSING ACTIVITIES--Table of Contents

 

                            Subpart A_General

 

Sec.  1000.14  What relocation and real property acquisition policies 

are applicable?



    The following relocation and real property acquisition policies are 

applicable to programs developed or operated under NAHASDA:

    (a) Real Property acquisition requirements. The acquisition of real 

property for an assisted activity is subject to 49 CFR part 24, subpart 

B. Whenever the recipient does not have the authority to acquire the 

real property through condemnation, it shall:

    (1) Before discussing the purchase price, inform the owner:

    (i) Of the amount it believes to be the fair market value of the 

property. Such amount shall be based upon one or more appraisals 

prepared by a qualified appraiser. However, this provision does not 

prevent the recipient from accepting a donation or purchasing the real 

property at less than its fair market value.

    (ii) That it will be unable to acquire the property if negotiations 

fail to result in an amicable agreement.

    (2) Request HUD approval of the proposed acquisition price before 

executing a firm commitment to purchase the property if the proposed 

acquisition payment exceeds the fair market value. The recipient shall 

include with its request a copy of the appraisal(s) and a justification 

for the proposed acquisition payment. HUD will promptly review the 

proposal and inform the recipient of its approval or disapproval.

    (b) Minimize displacement. Consistent with the other goals and 

objectives of this part, recipients shall assure that they have taken 

all reasonable steps to minimize the displacement of persons 

(households, businesses, nonprofit organizations, and farms) as a result 

of a project assisted under this part.

    (c) Temporary relocation. The following policies cover residential 

tenants and homebuyers who will not be required to move permanently but 

who must relocate temporarily for the project. Such residential tenants 

and homebuyers shall be provided:

    (1) Reimbursement for all reasonable out-of-pocket expenses incurred 

in connection with the temporary relocation, including the cost of 

moving to and from the temporarily occupied housing and any increase in 

monthly housing costs (e.g., rent/utility costs).

    (2) Appropriate advisory services, including reasonable advance 

written notice of:

    (i) The date and approximate duration of the temporary relocation;

    (ii) The location of the suitable, decent, safe and sanitary 

dwelling to be made available for the temporary period;

    (iii) The terms and conditions under which the tenant may occupy a 

suitable, decent, safe, and sanitary dwelling in the building/complex 

following completion of the repairs; and

    (iv) The provisions of paragraph (c)(1) of this section.

    (d) Relocation assistance for displaced persons. A displaced person 

(defined in paragraph (g) of this section) must be provided relocation 

assistance at the levels described in, and in accordance with the 

requirements of, the Uniform Relocation Assistance and Real Property 

Acquisition Policies Act of 1970, as amended (URA) (42 U.S.C. 4601-4655) 

and implementing regulations at 49 CFR part 24.

    (e) Appeals to the recipient. A person who disagrees with the 

recipient's determination concerning whether the person qualifies as a 

``displaced person,'' or the amount of relocation assistance for which 

the person is eligible, may file a written appeal of that determination 

with the recipient.

    (f) Responsibility of recipient. (1) The recipient shall certify 

that it will comply with the URA, the regulations at 49 CFR part 24, and 

the requirements of this section. The recipient shall ensure such 

compliance notwithstanding any third party's contractual obligation to 

the recipient to comply with the provisions in this section.



[[Page 735]]



    (2) The cost of required relocation assistance is an eligible 

project cost in the same manner and to the same extent as other project 

costs. However, such assistance may also be paid for with funds 

available to the recipient from any other source.

    (3) The recipient shall maintain records in sufficient detail to 

demonstrate compliance with this section.

    (g) Definition of displaced person. (1) For purposes of this 

section, the term ``displaced person'' means any person (household, 

business, nonprofit organization, or farm) that moves from real 

property, or moves his or her personal property from real property, 

permanently, as a direct result of rehabilitation, demolition, or 

acquisition for a project assisted under this part. The term ``displaced 

person'' includes, but is not limited to:

    (i) A tenant-occupant of a dwelling unit who moves from the 

building/complex permanently after the submission to HUD of an IHP that 

is later approved.

    (ii) Any person, including a person who moves before the date 

described in paragraph (g)(1)(i) of this section, that the recipient 

determines was displaced as a direct result of acquisition, 

rehabilitation, or demolition for the assisted project.

    (iii) A tenant-occupant of a dwelling unit who moves from the 

building/complex permanently after the execution of the agreement 

between the recipient and HUD, if the move occurs before the tenant is 

provided written notice offering him or her the opportunity to lease and 

occupy a suitable, decent, safe and sanitary dwelling in the same 

building/complex, under reasonable terms and conditions, upon completion 

of the project. Such reasonable terms and conditions include a monthly 

rent and estimated average monthly utility costs that do not exceed the 

greater of:

    (A) The tenant-occupant's monthly rent and estimated average monthly 

utility costs before the agreement; or

    (B) 30 percent of gross household income.

    (iv) A tenant-occupant of a dwelling who is required to relocate 

temporarily, but does not return to the building/complex, if either:

    (A) The tenant-occupant is not offered payment for all reasonable 

out-of-pocket expenses incurred in connection with the temporary 

relocation, including the cost of moving to and from the temporarily 

occupied unit, any increased housing costs and incidental expenses; or

    (B) Other conditions of the temporary relocation are not reasonable.

    (v) A tenant-occupant of a dwelling who moves from the building/

complex after he or she has been required to move to another dwelling 

unit in the same building/complex in order to carry out the project, if 

either:

    (A) The tenant-occupant is not offered reimbursement for all 

reasonable out-of-pocket expenses incurred in connection with the move; 

or

    (B) Other conditions of the move are not reasonable.

    (2) Notwithstanding the provisions of paragraph (g)(1) of this 

section, a person does not qualify as a ``displaced person'' (and is not 

eligible for relocation assistance under the URA or this section), if:

    (i) The person moved into the property after the submission of the 

IHP to HUD, but, before signing a lease or commencing occupancy, was 

provided written notice of the project, its possible impact on the 

person (e.g., the person may be displaced, temporarily relocated or 

suffer a rent increase) and the fact that the person would not qualify 

as a ``displaced person'' or for any assistance provided under this 

section as a result of the project.

    (ii) The person is ineligible under 49 CFR 24.2(g)(2).

    (iii) The recipient determines the person is not displaced as a 

direct result of acquisition, rehabilitation, or demolition for an 

assisted project. To exclude a person on this basis, HUD must concur in 

that determination.

    (3) A recipient may at any time ask HUD to determine whether a 

specific displacement is or would be covered under this section.

    (h) Definition of initiation of negotiations. For purposes of 

determining the formula for computing the replacement housing assistance 

to be provided to a person displaced as a direct result of 

rehabilitation or demolition of the real



[[Page 736]]



property, the term ``initiation of negotiations'' means the execution of 

the agreement covering the rehabilitation or demolition (See 49 CFR part 

24).