[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: 24CFR906.23]



[Page 358-359]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 906_PUBLIC HOUSING HOMEOWNERSHIP PROGRAMS--Table of Contents

 

                    Subpart D_Program Administration

 

Sec.  906.23  Protections available to non-purchasing public housing 

residents.





    (a) If a public housing resident does not exercise the right of 

first refusal under Sec.  906.13, and the PHA determines to move the 

tenant for the purpose of transferring possession of the unit, the PHA 

must provide the notice stated in this section 90 days before the date 

the resident is displaced, and may not displace the resident, except as 

stated in paragraph (a)(1) of this section, for the full 90-day period. 

The PHA:

    (1) Must notify the resident residing in the unit 90 days prior to 

the displacement date, except in cases of imminent threat to health or 

safety, that:

    (i) The public housing unit will be sold;

    (ii) The transfer of possession of the unit will not occur until the 

resident is relocated; and



[[Page 359]]



    (iii) Each resident displaced by such action will be offered 

comparable housing (as defined in paragraph (b) of this section);

    (2) Must provide for the payment of the actual costs and reasonable 

relocation expenses of the resident to be displaced;

    (3) Must ensure that the resident is offered comparable housing 

under paragraph (a)(1)(iii) of this section;

    (4) Must provide counseling for displaced residents regarding their 

rights to comparable housing, including their rights under the Fair 

Housing Act to choice of a unit on a nondiscriminatory basis, without 

regard to race, color, religion, national origin, disability, age, sex, 

or familial status; and

    (5) Must not transfer possession of the unit until the resident is 

relocated.

    (b) For purposes of this section, the term ``comparable housing'' 

means housing:

    (1) That meets housing quality standards;

    (2) That is located in an area that is generally not less desirable 

than the displaced resident's original development; and

    (3) Which may include:

    (i) Tenant-based assistance (tenant-based assistance must only be 

provided upon the relocation of the resident to the comparable housing);

    (ii) Project-based assistance; or

    (iii) Occupancy in a unit owned, operated, or assisted by the PHA at 

a rental rate paid by the resident that is comparable to the rental rate 

applicable to the unit from which the resident is vacating.