Slide 5 of 40

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Notes:

The changes to the definition of "comparable replacement dwelling" are minor. The "style of living" phrase was removed because it sometimes led to interpretations that comparable meant identical, even in unique features.

Style of living has caused difficulties with agencies over-interpreting the meaning. It was not meant to restrict the selection of a comparable dwelling to only those possessing every feature of the subject. Congress intended a reasonable standard for the criteria of comparability and not a duplication of every feature. Thus a home with a wooden dance floor might be comparable to a home without such flooring but with adequate space and room count. Or a dwelling on a "horse property" does not necessarily have to be similarly situated in the replacement. The comparable home should serve the same functional purposes as the subject, but does not need to be a twin. Short summary: Functionally equivalent and substantially the same.

To provide feedback, suggestions or comments for this page, contact Arnold Feldman arnold.feldman@fhwa.dot.gov