[Code of Federal Regulations]
[Title 24, Volume 3]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR570.606]

[Page 147-149]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
  CHAPTER V--OFFICE OF ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND 
        DEVELOPMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 570_COMMUNITY DEVELOPMENT BLOCK GRANTS--Table of Contents
 
                  Subpart K_Other Program Requirements
 
Sec. 570.606  Displacement, relocation, acquisition, and replacement of 
housing.

    (a) General policy for minimizing displacement. Consistent with the 
other goals and objectives of this part, grantees (or States or state 
recipients, as applicable) shall 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 activities assisted under this part.
    (b) Relocation assistance for displaced persons at URA levels. (1) A 
displaced person shall be provided with relocation assistance at the 
levels described in, and in accordance with the requirements of 49 CFR 
part 24, which contains the government-wide regulations implementing the 
Uniform Relocation Assistance and Real Property Acquisition Policies Act 
of 1970 (URA) (42 U.S.C. 4601-4655).
    (2) Displaced person. (i) For purposes of paragraph (b) of this 
section, the term ``displaced person'' means any person (family, 
individual, business, nonprofit organization, or farm) that moves from 
real property, or moves his or her personal property from real property, 
permanently and involuntarily, as a direct result of rehabilitation, 
demolition, or acquisition for an activity assisted under this part. A 
permanent, involuntary move for an assisted activity includes a 
permanent move from real property that is made:
    (A) After notice by the grantee (or the state recipient, if 
applicable) to move permanently from the property, if the move occurs 
after the initial official submission to HUD (or the State,

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as applicable) for grant, loan, or loan guarantee funds under this part 
that are later provided or granted.
    (B) After notice by the property owner to move permanently from the 
property, if the move occurs after the date of the submission of a 
request for financial assistance by the property owner (or person in 
control of the site) that is later approved for the requested activity.
    (C) Before the date described in paragraph (b)(2)(i)(A) or (B) of 
this section, if either HUD or the grantee (or State, as applicable) 
determines that the displacement directly resulted from acquisition, 
rehabilitation, or demolition for the requested activity.
    (D) After the ``initiation of negotiations'' if the person is the 
tenant-occupant of a dwelling unit and any one of the following three 
situations occurs:
    (1) The tenant has not been provided with a reasonable opportunity 
to lease and occupy a suitable decent, safe, and sanitary dwelling in 
the same building/complex upon the completion of the project, including 
a monthly rent that does not exceed the greater of the tenant's monthly 
rent and estimated average utility costs before the initiation of 
negotiations or 30 percent of the household's average monthly gross 
income; or
    (2) The tenant is required to relocate temporarily for the activity 
but the tenant is not offered payment for all reasonable out-of-pocket 
expenses incurred in connection with the temporary relocation, including 
the cost of moving to and from the temporary location and any increased 
housing costs, or other conditions of the temporary relocation are not 
reasonable; and the tenant does not return to the building/complex; or
    (3) The tenant is required to move to another unit in the building/
complex, but is not offered reimbursement for all reasonable out-of-
pocket expenses incurred in connection with the move.
    (ii) Notwithstanding the provisions of paragraph (b)(2)(i) of this 
section, the term ``displaced person-'' does not include:
    (A) A person who is evicted for cause based upon serious or repeated 
violations of material terms of the lease or occupancy agreement. To 
exclude a person on this basis, the grantee (or State or state 
recipient, as applicable) must determine that the eviction was not 
undertaken for the purpose of evading the obligation to provide 
relocation assistance under this section;
    (B) A person who moves into the property after the date of the 
notice described in paragraph (b)(2)(i)(A) or (B) of this section, but 
who received a written notice of the expected displacement before 
occupancy.
    (C) A person who is not displaced as described in 49 CFR 24.2(g)(2).
    (D) A person who the grantee (or State, as applicable) determines is 
not displaced as a direct result of the acquisition, rehabilitation, or 
demolition for an assisted activity. To exclude a person on this basis, 
HUD must concur in that determination.
    (iii) A grantee (or State or state recipient, as applicable) may, at 
any time, request HUD to determine whether a person is a displaced 
person under this section.
    (3) Initiation of negotiations. For purposes of determining the type 
of replacement housing assistance to be provided under paragraph (b) of 
this section, if the displacement is the direct result of privately 
undertaken rehabilitation, demolition, or acquisition of real property, 
the term ``initiation of negotiations'' means the execution of the grant 
or loan agreement between the grantee (or State or state recipient, as 
applicable) and the person owning or controlling the real property.
    (c) Residential antidisplacement and relocation assistance plan. The 
grantee shall comply with the requirements of 24 CFR part 42, subpart B.
    (d) Optional relocation assistance. Under section 105(a)(11) of the 
Act, the grantee may provide (or the State may permit the state 
recipient to provide, as applicable) relocation payments and other 
relocation assistance to persons displaced by activities that are not 
subject to paragraph (b) or (c) of this section. The grantee may also 
provide (or the State may also permit the state recipient to provide, as 
applicable) relocation assistance to persons receiving assistance under 
paragraphs (b) or (c) of this section at levels in excess of those 
required by these paragraphs. Unless such assistance is provided

[[Page 149]]

under State or local law, the grantee (or state recipient, as 
applicable) shall provide such assistance only upon the basis of a 
written determination that the assistance is appropriate (see, e.g., 24 
CFR 570.201(i), as applicable). The grantee (or state recipient, as 
applicable) must adopt a written policy available to the public that 
describes the relocation assistance that the grantee (or state 
recipient, as applicable) has elected to provide and that provides for 
equal relocation assistance within each class of displaced persons.
    (e) Acquisition of real property. The acquisition of real property 
for an assisted activity is subject to 49 CFR part 24, subpart B.
    (f) Appeals. If a person disagrees with the determination of the 
grantee (or the state recipient, as applicable) concerning the person's 
eligibility for, or the amount of, a relocation payment under this 
section, the person may file a written appeal of that determination with 
the grantee (or state recipient, as applicable). The appeal procedures 
to be followed are described in 49 CFR 24.10. In addition, a low- or 
moderate-income household that has been displaced from a dwelling may 
file a written request for review of the grantee's decision to the HUD 
Field Office. For purposes of the State CDBG program, a low- or 
moderate-income household may file a written request for review of the 
state recipient's decision with the State.
    (g) Responsibility of grantee or State. (1) The grantee (or State, 
if applicable) is responsible for ensuring compliance with the 
requirements of this section, notwithstanding any third party's 
contractual obligation to the grantee to comply with the provisions of 
this section. For purposes of the State CDBG program, the State shall 
require state recipients to certify that they will comply with the 
requirements of this section.
    (2) The cost of assistance required under this section may be paid 
from local public funds, funds provided under this part, or funds 
available from other sources.
    (3) The grantee (or State and state recipient, as applicable) must 
maintain records in sufficient detail to demonstrate compliance with the 
provisions of this section.

(Approved by the Office of Management and Budget under OMB control 
number 2506-0102)

[61 FR 11477, Mar. 20, 1996, as amended at 61 FR 51760, Oct. 3, 1996]