[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: 24CFR970.5]



[Page 533-536]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

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

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 970_PUBLIC HOUSING PROGRAM_DEMOLITION OR DISPOSITION OF PUBLIC 

HOUSING PROJECTS--Table of Contents

 

Sec.  970.5  Displacement and relocation.



    (a) Relocation of displaced tenants on a nondiscriminatory basis. 

Tenants who are to be displaced as a result of demolition or disposition 

must be offered opportunities to relocate to other comparable/suitable 

(see HUD Handbook 1378, Tenant Assistance, Relocation and Real Property 

Acquisition) decent, safe, sanitary, and affordable housing (at rents no 

higher than permitted under the Act,) which is, to the maximum extent 

practicable, housing of their choice, on a nondiscriminatory basis, 

without regard to race, color, religion (creed), national origin, 

handicap, age, familial status, or sex, in compliance with applicable 

Federal and State laws.

    (b) Relocation resources. Relocation may be to other publicly 

assisted housing. Housing assisted under Section 8 of the Act, including 

housing available for lease under the Section 8 Housing Voucher Program, 

may also be used for



[[Page 534]]



relocation, provided the PHA ensures that displaced tenants are provided 

referrals to comparable/suitable relocation dwelling units where the 

family's share of the rent to owner following relocation will not exceed 

the total tenant payment, as calculated in accordance with Sec.  813.107 

of this title. If the PHA provides referrals to suitable/comparable 

relocation housing (comparable housing if the displacement is subject to 

the URA) and a tenant with a rental voucher elects to lease a housing 

unit where the family's share of rent to owner exceeds the amount 

calculated in accordance with Sec.  813.107 of this title, the tenant 

will be responsible for the difference between the voucher payment 

standard and the rent to owner. If there are no units with rents at or 

below the voucher payment standard to which the PHA may refer families, 

then the PHA cannot use vouchers as a relocation housing source.

    (c) Applicability of URA rules. (1) The displacement of any person 

(household, business or nonprofit organization) as a direct result of 

acquisition, rehabilitation, or demolition for a Federal or federally 

assisted project (defined in paragraph (j) of this section) is subject 

to 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. Therefore, if the PHA 

demolishes the property, or disposes of it to a Federal agency or to a 

person or entity that is acquiring the property for a federally assisted 

project, the demolition or acquisition is subject to the URA, and any 

person displaced (as described in paragraph (i) of this section) as a 

result of such action is eligible for relocation assistance at the 

levels described in, and in accordance with the requirements of 49 CFR 

part 24.

    (2) As described in Sec.  970.11, public housing units that are 

demolished must be replaced. Any person displaced (see paragraph (i) of 

this section) as a direct result of acquisition, demolition or 

rehabilitation for a project receiving Federal financial assistance 

(e.g., ACC) that provides the required replacement housing, must be 

provided relocation assistance at the levels described in, and in 

accordance with the requirements of 49 CFR part 24.

    (d) Applicability of antidisplacement plan. If CDBG funds (part 570 

of this title), or HOME funds (part 91 of this title) are used to pay 

any part of the cost of the demolition or the cost of a project (defined 

in paragraph (j) of this section) for which the property is acquired, 

the transaction is subject to the Residential Antidisplacement and 

Relocation Assistance Plan, as described in the cited regulations.

    (e) Relocation assistance for other displaced persons. Whenever the 

displacement of a residential tenant (family, individual or other 

household) occurs in connection with the disposition of the real 

property, but the conveyance is not for a Federal or federally assisted 

project (and is, therefore, not covered by the URA), the displaced 

tenant shall be eligible for the following relocation assistance:

    (1) Advance written notice of the expected displacement. The notice 

shall be provided as soon as feasible, describe the assistance to be 

provided and the procedures for obtaining the assistance; and contain 

the name, address and phone number of an official responsible for 

providing the assistance;

    (2) Other advisory services, as appropriate, including counseling 

and referrals to suitable, decent, safe, and sanitary replacement 

housing. Minority persons also shall be given, if possible, referrals to 

suitable decent, safe and sanitary replacement dwellings that are not 

located in an area of minority concentration;

    (3) Payment for actual reasonable moving expenses, as determined by 

the PHA;

    (4) The opportunity to relocate to a suitable, decent, safe and 

sanitary dwelling unit at a rent that does not exceed that permitted 

under section 3(a) of the 1937 Act. All or a portion of the assistance 

may be provided under section 8 of the 1937 Act; and

    (5) Such other Federal, State or local assistance as may be 

available.

    (f) Temporary relocation. Residential tenants who will not be 

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

to permit property repairs), shall be provided:



[[Page 535]]



    (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, any increase in monthly rent/

utility costs, and the cost of reinstalling telephone and cable TV 

service.

    (2) Appropriate advisory services, including reasonable advance 

written notice of:

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

    (ii) The suitable, decent, safe and sanitary housing 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 repairs; and

    (iv) The provision for reimbursement of out-of-pocket expenses (see 

paragraph (f)(1) of this section).

    (g) 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 person 

who is dissatisfied with the PHA's determination on his or her appeal 

may submit a written request for review of the PHA's determination to 

the HUD Field Office.

    (h) Responsibility of PHA. (1) The PHA shall certify that it will 

comply with the URA, implementing 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 cost of required relocation assistance is an eligible 

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

costs. (See definition of ``project'' in paragraph (j) of this section.) 

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

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

demonstrate such compliance. The PHA shall maintain data on the race, 

ethnic, gender, and handicap status of displaced persons.

    (i) Definition of displaced person--(1) General definition. For 

purposes of this section, the term ``displaced person'' means any 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 Federal or federally assisted project.

    (2) Persons who qualify. The term ``displaced person'' includes, but 

may not be limited to:

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

PHA, or the person acquiring the property, issues a vacate notice to the 

person, or refuses to renew an expiring lease in order to evade the 

responsibility to provide relocation assistance, if the move occurs on 

or after the date of HUD approval of the demolition or disposition;

    (ii) Any person who moves permanently, including a person who moves 

before the date of HUD approval of the demolition or disposition, if HUD 

or the PHA determines that the displacement resulted from the demolition 

or disposition of the property and is subject to the provisions of this 

section; or

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

building/complex on or after the date HUD approves the demolition or 

disposition, if 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 shall include a monthly 

rent and estimated average monthly utility costs that do not exceed that 

permitted under section 3(a) of the 1937 Act.

    (iv) A tenant-occupant of a dwelling who is required to relocate 

temporarily and 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 such temporary relocation 

(including the cost of moving to and from the temporarily occupied unit, 

any increase in rent/utility costs, and the cost of reinstalling 

telephone and cable TV service).



[[Page 536]]



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

    (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 

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.

    (3) Persons not eligible. Notwithstanding the provisions of 

paragraphs (i)(1) and (i)(2) of this section, a person does not qualify 

as a ``displaced person'' (and is not eligible for relocation assistance 

under 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 

application for the demolition or disposition and, before 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 an action covered by this section.

    (j) Definition of project. For purposes of this section, the term 

``project'' means one or more activities (e.g., real property 

acquisition, demolition or construction) paid for in whole or in part 

with Federal financial assistance. Two or more activities that are 

integrally related, each essential to the other(s), are considered one 

project, whether or not all of the component activities are federally 

assisted.

    (k) Definition of initiation of negotiations. For purposes of 

providing the appropriate notices and determining the formula for 

computing a replacement housing payment under the URA to a tenant 

displaced from a dwelling as a direct result of demolition or private 

owner acquisition, the term ``initiation of negotiations'' means HUD 

approval of the demolition or disposition under this part.



[60 FR 3717, Jan. 18, 1995]