[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: 24CFR582.335]



[Page 247-248]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

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

        DEVELOPMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 582_SHELTER PLUS CARE--Table of Contents

 

                     Subpart D_Program Requirements

 

Sec.  582.335  Displacement, relocation, and real property acquisition.



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

objectives of this part, 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 supportive housing 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 supportive housing is subject to the URA and the 

requirements described in 49 CFR part 24, subpart B.

    (d) Responsibility of recipient. (1) The recipient must certify 

(i.e., provide assurance of compliance) that it will comply with the 

URA, the regulations at 49 CFR part 24, and the requirements of this 

section, and must ensure such compliance notwithstanding any third 

party's contractual obligation to the recipient 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 local public funds or funds 

available from other sources.

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

demonstrate compliance with provisions of this section.

    (e) Appeals. 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. A low-income person who is dissatisfied with the recipient's 

determination on his or her appeal may submit a written request for 

review of that determination to the HUD field office.

    (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 

supportive housing project assisted under this part. The term 

``displaced person'' includes, but may not be limited to:

    (i) A person that moves permanently from the real property after the 

property owner (or person in control of the site) issues a vacate notice 

or refuses to renew an expiring lease, if the move occurs on or after:

    (A) The date that the recipient submits to HUD an application for 

assistance that is later approved and funded, if the recipient has 

control of the project site; or



[[Page 248]]



    (B) The date that the recipient obtains control of the project site, 

if such control is obtained after the submission of the application to 

HUD.

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

described in paragraph (f)(1)(i) of this section, if the recipient or 

HUD determines that the displacement resulted directly from acquisition, 

rehabilitation, or demolition for the assisted project.

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

from the building/complex on or after the date of the ``initiation of 

negotiations'' (see paragraph (g) of this section) if 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 must include a monthly rent and estimated average monthly 

utility costs that do not exceed the greater of:

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

and estimated average utility costs, or

    (B) 30 percent of gross household income. If the initial rent is at 

or near the maximum, there must be a reasonable basis for concluding at 

the time the project is initiated that future rent increases will be 

modest.

    (iv) A tenant of a dwelling who is required to relocate temporarily, 

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

    (A) A tenant is not offered payment for all reasonable out-of-pocket 

expenses incurred in connection with the temporary relocation, or

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

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

permanently after he or she has been required to move to another unit in 

the same building/complex, if either:

    (A) The tenant 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 (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 

of applicable Federal, State, or local or tribal law, or other good 

cause, and HUD determines that the eviction was not undertaken for the 

purpose 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 recipient 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 recipient and HUD, or selection 

of the project site, if later.