[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: 24CFR886.138]



[Page 143-145]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

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

 

PART 886_SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM_SPECIAL ALLOCATIONS

--Table of Contents

 

 Subpart A_Additional Assistance Program for Projects With HUD-Insured 

                         and HUD-Held Mortgages

 

Sec.  886.138  Displacement, relocation, and acquisition.



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

objectives of this part, owners shall assure that they have taken all 

reasonable steps to minimize the displacement of persons (families, 

individuals, businesses, nonprofit organization, and farms) as a result 

of a project assisted under this part.

    (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, including the cost of 

moving to and from the temporary housing and any increase in monthly 

rent/utility costs; and

    (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 building/

complex following completion of the rehabilitation; and

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



[[Page 144]]



    (c) Relocation assistance for displaced persons. A ``displaced 

person'' (as 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 (URA) (42 U.S.C. 4601-4655) and 

implementing regulations at 49 CFR part 24. A ``displaced person'' shall 

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

3601-19), and, if the representative comparable replacement dwelling 

used to establish the amount of the replacement housing payment to be 

provided to a minority person is located in an area of minority 

concentration, such person also shall 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 Owner's determination 

concerning whether the person qualifies as a ``displaced person,'' or 

the amount of relocation assistance for which the person is found to be 

eligible, may file a written appeal of that determination with the 

owner. A low-income person who is dissatisfied with the owner's 

determination on such appeal may submit a written request for review of 

that determination to the HUD Field Office.

    (f) Responsibility of owner. (1) The owner shall certify (i.e., 

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

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

the requirements of this section. The owner is responsible for such 

compliance notwithstanding and third party's contractual obligation to 

the owner to comply with these provisions.

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

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

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

other sources.

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

demonstrate compliance with the provisions of this section. The owner 

shall maintain data on the race, ethnic, gender, and handicap status of 

displaced persons.

    (g) 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 

from the real property that is made:

    (i) After notice by the owner to move permanently from the property, 

if the move occurs on or after the date of the submission of the 

application to HUD;

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

Payments Contract, and 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:

    (1) The tenant's monthly rent before execution of the Housing 

Assistance Payments Contract and estimated average monthly utility 

costs; or

    (2) The total tenant payment, as determined under part 5 of this 

title, if the tenant is low-income, or 30 percent of gross household 

income, if the tenant is not low-income;

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

to the building/complex, and either:



[[Page 145]]



    (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 dwelling 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 (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 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, 

received 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 he or she would not qualify as 

a ``displaced person'' (or for assistance 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 owner may ask HUD, at any time, to determine 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 result of 

private-owner rehabilitation, demolition or acquisition of the real 

property, the term ``initiation of negotiations'' means the owner's 

execution of the Housing Assistance Payments Contract.



(Approved by Office of Management and Budget under OMB Control Number 

2506-0121)



[58 FR 43721, Aug. 17, 1993. Redesignated at 59 FR 36643, July 18, 1994, 

as amended at 65 FR 16724, Mar. 29, 2000]



Subpart B [Reserved]