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This training module was last updated in September, 2005.
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Section
104(d) of the Housing and Community Development Act (HCD) provides
minimum requirements for federally funded programs or projects when
units that are part of a community's low-income housing supply are
demolished or converted to a use other than low- or moderate-income
dwellings.
What
are the Section 104(d) requirements?
-
Replacement, on a one-for-one basis, of all occupied and vacant
occupiable low- or moderate-income dwelling units that are demolished
or converted to a use other than low- or moderate-income housing
in connection with an activity assisted under the HCD Act, and
- Provision
of certain relocation assistance to any lower income person displaced
as a direct result of the following activities in connection with
federal assistance:
-
Demolition of any dwelling unit, or
-
Conversion of a low- or moderate-income dwelling unit to a
use other than a low- or moderate-income residence.
What
triggers Section 104(d)?
Section
104(d) requirements are triggered by the use of HOME, CDBG, Section
108 Loan Guarantee, or UDAG funding in a project involving the demolition
or conversion of low- or moderate-income housing.
What
are the relocation requirements under Section 104(d)?
The
relocation assistance and payments for eligible persons under Section
104(d) are similar to those required for the URA but there are a
number of differences. One significant difference between the laws
is the period of time used to calculate a rental assistance payment;
Section 104(d) factors in 60 months vs. 42 months for the URA. Section
104(d)-eligible displaced persons may choose to receive relocation
assistance under Section 104(d) or relocation assistance under the
URA.
What
are the guiding regulations for Section 104(d) relocation requirements?
Section
104(d) Regulations: 24
CFR Part 42 is the regulation that implements Section 104(d)
of the Housing and Community Development Act.
Where
can you go to find more information about Section 104(d) requirements?
You
should consult 24
CFR Part 42 and Chapter 7 of HUD
Handbook 1378 for more guidance.
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