[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: 24CFR968.108]



[Page 500-502]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

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

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 968_PUBLIC HOUSING MODERNIZATION--Table of Contents

 

                            Subpart A_General

 

Sec.  968.108  Displacement, relocation, and real property acquisition.



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

objectives of this part, PHAs 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) Temporary relocation. Residents who will not be required to move 

permanently, but who must relocate temporarily (e.g., to permit 

rehabilitation), shall 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:



[[Page 501]]



    (i) The date and approximate duration of the temporary relocation;

    (ii) The location of the suitable, decent, safe, and sanitary 

housing to be made available for the temporary period;

    (iii) The terms and conditions under which the resident may lease 

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

building/complex following completion of the project; and

    (iv) The provisions of 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 at 49 CFR part 24. A ``displaced person'' 

shall be advised of his/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 development is subject to the URA and the requirements 

described in 49 CFR part 24, subpart B.

    (e) Appeals. A person who disagrees with the PHA's determination 

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

the amount of the relocation assistance for which the person is 

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

A lower-income person who is dissatisfied with the PHA'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 PHA. (1) The PHA shall certify that it will 

comply (i.e., provide assurance of compliance, as required by 49 CFR 

part 24) with the URA, the regulations at 49 CFR part 24, and the 

requirements of this section and shall ensure such compliance, 

notwithstanding any third party's contractual obligation to the PHA to 

comply with these provisions.

    (2) The PHA shall maintain records in sufficient detail to 

demonstrate compliance with these provisions. The PHA 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 building/complex that is made:

    (i) On or after the date of the ``initiation of negotiations'' 

(defined in Sec.  968.108(h)), if the person is the resident of a 

dwelling and any one of the following three situations occurs:

    (A) The resident has not been provided, before the move, a written 

notice offering the resident the opportunity to lease and occupy a 

suitable, decent, safe, and sanitary dwelling in the same building/

complex upon completion of the project under reasonable terms and 

conditions. Such reasonable terms and conditions include a monthly rent 

and estimated average monthly utility costs that do not exceed the total 

tenant payment, as determined under 24 CFR 913.107; or

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

return to the building/complex, and either:

    (1) The resident 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 resident 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; or



[[Page 502]]



    (ii) Before the ``initiation of negotiations,'' if the PHA or HUD 

determines that the displacement resulted directly from acquisition, 

rehabilitation, or demolition for the assisted project;

    (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 

PHA 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 

Annual Statement (CGP) or application (CIAP) and, before signing a lease 

and commencing occupancy, was provided written notice of the project, 

its possible impact on the person (e.g., that the person may be 

displaced or temporarily relocated) 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 PHA 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 resident who is displaced by rehabilitation or 

demolition, the term initiation of negotiations means 45 calendar days 

before (1) the issuance of the invitation for bids for the project or 

(2) the start of force account work, whichever is applicable.



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

Number 2506-0121)



[58 FR 13931, Mar. 15, 1993, as amended at 61 FR 8738, Mar. 5, 1996]