[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: 24CFR882.810]



[Page 97-100]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

  CHAPTER VIII--OFFICE OF THE ASSISTANT SECRETARY FOR HOUSING-FEDERAL 

 

PART 882_SECTION 8 MODERATE REHABILITATION PROGRAMS--Table of Contents

 

   Subpart H_Section 8 Moderate Rehabilitation Single Room Occupancy 

                    Program for Homeless Individuals

 

Sec.  882.810  Displacement, relocation, and acquisition.



    (a) Minimizing displacement. (1) Consistent with the other goals and 

objectives of this part, owners must 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



[[Page 98]]



part. To the extent feasible, residential tenants must be provided a 

reasonable opportunity to lease and occupy a suitable, decent, safe, 

sanitary, and affordable dwelling unit in the project upon its 

completion.

    (2) Whenever a building/complex is rehabilitated, and some but not 

all of the rehabilitated units will be assisted upon completion of the 

rehabilitation, the relocation requirements described in this section 

apply to the occupants of each rehabilitated unit, whether or not 

Section 8 assistance will be provided for the unit.

    (b) Temporary relocation. The following policies cover residential 

tenants who will not be required to move permanently but who must 

relocate temporarily for the project. Such tenants must be provided:

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

in connection with the temporary relocation;

    (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 lease and 

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

upon completion; and

    (iv) The assistance required under paragraph (b)(1) of this section.

    (c) 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 in 49 CFR part 24. A displaced person must 

be advised of his or her rights under the Fair Housing Act (42 U.S.C. 

3601-19) and, if the comparable replacement dwelling used to establish 

the amount of the replacement housing payment to be provided to a 

minority is located in an area of minority concentration, such person 

also must be given, if possible, referrals to comparable and suitable, 

decent, safe, and sanitary replacement dwellings not located in such 

areas.

    (d) 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.

    (e) Appeals. A person who disagrees with the HA'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 HA. A person who is 

dissatisfied with the HA's determination on his or her appeal may submit 

a written request for review of that determination to the HUD field 

office.

    (f) Responsibility of HA. (1) The HA must certify (i.e., provide 

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

comply with the URA, the regulations in 49 CFR part 24, and the 

requirements of this section, and must ensure such compliance 

notwithstanding any third party's contractual obligation to the HA 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 may be paid for with local public funds or funds 

available from other sources. The cost of HA advisory services for 

temporary relocation of tenants to be assisted under the program also 

may be paid from preliminary administrative funds.

    (3) The HA must maintain records in sufficient detail to demonstrate 

compliance with the provisions of this section. The HA must maintain 

data on the racial, ethnic, gender, and disability status of displaced 

persons.

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

section, the term displaced person means a person (household, 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. The term displaced person includes, but may not be limited 

to:



[[Page 99]]



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

receiving notice requiring such move, if the move occurs on or after the 

date the owner submits to the HA the owner proposal that is later 

approved;

    (ii) A person, including a person who moves from the property before 

the date the owner submits the proposal to the HA, if the HA or HUD 

determines that the displacement resulted directly from acquisition, 

rehabilitation, or demolition for the assisted project; or

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

building/complex permanently after the execution of the Agreement 

between the owner and the HA (or, for projects assisted under subpart H 

of this part, after the ``initiation of negotiations'' (see paragraph 

(h) of this section)), if the move occurs before the tenant is provided 

a 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 its completion. 

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 execution of the agreement 

and estimated average monthly utility costs; or

    (B) Thirty percent of gross household income.

    (C) For projects assisted under subpart H of this part, the amount 

cannot exceed the greater of the tenant's monthly rent before the 

``initiation of negotiations'' and estimated average monthly utility 

costs; or (if the tenant is low-income) the total tenant payment, as 

determined under 24 CFR 5.613, or (if the tenant is not low-income) 30 

percent of gross household income; or

    (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 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; 

or

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

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

dwelling unit in the 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 (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 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 law, or other good cause, and the 

HA 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 

preliminary proposal (or application, if there is no preliminary 

proposal), and before signing a lease and commencing occupancy, received 

written notice of the project and 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;

    (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 HA may request, at any time, HUD's determination of whether 

a displacement is or would be covered by 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 residential tenant displaced as a direct



[[Page 100]]



result of private-owner rehabilitation or demolition of the real 

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

Agreement between the owner and the HA.



(Approved by Office of Management and Budget under OMB control number 

2506-0121)



[61 FR 48056, Sept. 11, 1996. Redesignated and amended at 63 FR 23857, 

Apr. 30, 1998]