[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: 24CFR576.59]



[Page 226-227]

 

                 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.

    (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



[[Page 227]]



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.

    (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]