[Code of Federal Regulations]

[Title 24, Volume 3]

[Revised as of April 1, 2005]

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

[CITE: 24CFR574.630]



[Page 214-215]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

  CHAPTER V--OFFICE OF ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND 

        DEVELOPMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 574_HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS--Table of Contents

 

                  Subpart G_Other Federal Requirements

 

Sec.  574.630  Displacement, relocation and real property acquisition.



    (a) Minimizing displacement. Consistent with the other goals and 

objectives of this part, grantees and project sponsors 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.

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

(defined in paragraph (f) 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 (URA) (42 U.S.C. 4601-4655) and 

implementing regulations at 49 CFR part 24.

    (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) Appeals. A person who disagrees with the grantee's or project 

sponsor'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 grantee. A low-income person who is dissatisfied with the 

grantee's determination on his or her appeal may submit a written 

request for review of that determination to the HUD Field Office.

    (e) Responsibility of grantee. (1) Each grantee shall certify (i.e., 

provide assurance of compliance as required by 49 CFR part 24) that it 

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

requirements of this section, and shall ensure such compliance 

notwithstanding any third party's contractual obligation to the grantee 

to comply with these provisions.

    (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. Such costs also may be paid for with funds available from other 

sources.

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

demonstrate compliance with these provisions.

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

section, 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, as a direct result of acquisition, rehabilitation, or 

demolition for a project assisted under this part. This includes any 

permanent, involuntary move for an assisted project including any 

permanent move for an assisted project, including any permanent move 

from the real property that is made:

    (i) After notice by the grantee, project sponsor, or property owner 

to move permanently from the property, if the move occurs on or after 

the date that the grantee submits to HUD an application for assistance 

that is later approved and funded;

    (ii) Before the submission of the application to HUD, if the 

grantee, project sponsor, or HUD determines that the displacement 

resulted directly from acquisition, rehabilitation, or demolition for 

the assisted project; or

    (iii) By a tenant-occupant of a dwelling unit, if any one of the 

following three situations occurs:

    (A) The tenant moves after the ``initiation of negotiations'' and 

the move occurs before the tenant has been 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:

    (1) The tenant's monthly rent before the initiation of negotiations 

and estimated average utility costs, or

    (2) 30 percent of gross household income; or



[[Page 215]]



    (B) The tenant is required to relocate temporarily, does not return 

to the building/complex and either:

    (1) The tenant is not offered payment for all reasonable out-of-

pocket expenses incurred in connection with the temporary relocation, or

    (2) Other conditions of the temporary relocation are not reasonable; 

or

    (C) 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, or other 

conditions of the move are not reasonable.

    (2) Notwithstanding the provisions of paragraph (f)(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 has been evicted for serious or repeated violation of 

the terms and conditions of the lease or occupancy agreement, violation 

or applicable Federal, State or local law, or other good cause, and HUD 

determines that the eviction was not undertaken for the purposes of 

evading the obligation to provide relocation assistance;

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

application and, before signing a lease and 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), if the project is approved;

    (iii) The person is ineligible under 49 CFR 24.2(g)(2); or

    (iv) HUD determines that the person was not displaced as a direct 

result of acquisition, rehabilitation, or demolition for the project.

    (3) The grantee or project sponsor may request, at any time, HUD's 

determination of whether a displacement is or would be covered under 

this section.

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

determining the formula for computing the replacement housing assistance 

to be provided 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 the project sponsor.