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j 8942 Federal <br /> mit / Vol. 54. No. 40 / Thursday. 2, 7989 / Rules and Re <br /> Marchgmlaliona <br /> the full amount of the estimate of just dotirei <br /> compensation is deposited with the 'n t assistance payment in dwelling for purposes of co <br /> court;or the amount the person would receive 8ihe <br /> under paragraph(b)of this section if the reTorrent housing feasible. <br /> (B)The date he or she moves from the penan tented a core (4) the extent feasible.comparable <br /> displacement dwe ' parable <br /> replacement dwellings shall be selected <br /> (b)etal assistance fpllacement dwelling.At the discretion from the neighborhood in which the <br /> Amount of payment An eligible assistaAgence a'a dawnpaymeat dIspincement dwelling was located or.if <br /> displaced person who rents a any amount nototto ex may <br /> a 25 ased to that is not possible,in nearby or similar <br /> replacement dwelling is entitled to a However,the neighborhoods where housing <br /> payment not to exceed$5.230 for rental homeowner shall exceed the amount generally the sante or higher.costa are <br /> nt <br /> assistance.(See also !i 24.40{,)Such the owner would receive under (b)l dwelling. <br /> Before <br /> of making a replacementp <br /> payment shall be 42 times the amount 124.401(h)if he or she met the 180-dayell .gef°te m <br /> obtained by subtracting the base housing <br /> g a <br /> monthly rental for the displacement occupancy requirement.An Agency's reg payment orrelsaai it a payment <br /> dwelling from the lesser of discretion to provide the maximum from escrow.the Agency or Its <br /> (a)The monthly rent and estimated payment shall be exercised a uniform designatedrepresentative dwellingtive shall inspect <br /> average monthly cost of utilities for a and consistent manner,so that eligible replacemente itusdecent and d walla e <br /> r+eplacof dw displaced bons in like circumstances dwellin L edefinedesafe.and sanitary <br /> comparable)The lire dwelling;or are treated equally.A displaced person dwelling as fte at 1 me(f). <br /> lily rent and estimated eligible to receive a (c1 i �hase of tePlacemzierrt dr++elli�sg <br /> average monthly cost of utilities far the Payment 24.401(a)a leo- Adis laced <br /> decent.safe.and sanitaryday owner ant under f P Peen is considered replacement not eligible have met clic to to <br /> dwelling actually occupied by the for this peym alas re4ufrementpurchase a <br /> displaced person. 11PPmtdlx A of this part.f c).) replacement dwelling if the person; <br /> (2)Base monthly rental for (21 !cation of payrrrerrt The full (t1 Purchases a dwelling or <br /> • displacement dwelling.The base f a replacement assisthousing eubataadard dwe rehabilitates a <br /> monthly rental for the displacement ant must payment for d Pa3► nt assistance or <br /> dwelling is the lesser of applied to the ptu�chaee price of (3)Relocates a dwelling which he or <br /> (i]The average monthly cost for rent the replacement dwelling and related she awns or purchases;or <br /> or <br /> and utilities at the displacement incidental expenses. <br /> (4)Constructs a dwelling an a site he <br /> period prior to 124.103 Additional rules aovw, pturhe purchase <br /> h <br /> i displacement,as determined by the t booming payments. (5)ftg Contracts for the purchase or <br /> Agency.(For owner-occupant.use (a)Determining cost o f construction of a dwelling on a site <br /> the fair market rentfer the displacement replacement dwelling. comparable person <br /> owns 6y a builder purchases.an a site the <br /> dwelling.For a tenant whopaid little or a The limit of or nsa pre <br /> no rent for the who dweittle based' t ng payment shall be (t3]Currently owns a previously <br /> use the fair market rent,unless its use replacement dwellingcomparable of purchased shall dwelling and site,valuation <br /> current <br /> would result in a hardship because of 124.2(d)). (defined at fa which market <br /> be on the basis of <br /> the person's income or other (1)If available,at least three felt market value.n <br /> circumstances);or comparable (d)�c�ai'rogttirromerrm� lir <br /> (ii)Thirty(30)es); percent of theexamined replacement dwellings shall displocarmeat arrep/ac ment dwelling <br /> average gross household incl (Iftheon the basif the dpayment computed Na person shall be denied eligibility for <br /> to provide appropriate dwelling most nearly a replacement homing payment solely <br /> personnce refuses income orisa smnt representativehof,and equal to.or better because the person is unable to meet the <br /> the base monthly rental shall be e displacement dwelling.An occupancy requirements ret forth in <br /> established solely on the criteriaallbe in adjustment shall be made to the asking these regulations for a <br /> reason paragraph price of any dwelling,to the extent his or her control,including <br /> beyond <br /> tirep (b)(2)(1)of this section.A full justified by local market data(See also <br /> time student or resident of an institution 124.205(a)(2)end Appendix A of this (1)A disaster,an emergency,u <br /> may be assumed to be s dependent. imminent threat to the lit ealth or <br /> aybe the personumed demonstrates a dependent. <br /> part).An obviously overpriced dwelling welfare,as determined by the President. <br /> otherwise.)~or may be ignored the Federal agency funding the project <br /> or <br /> (iii)The of the amounts (2)If the site of the comparable or the displacing agency; <br /> designated totalrshelter and utilities if replacement dwelling lacks a major (2)Another reason. <br /> exterior attribute of the son.apch ss a delay in <br /> receiving a welfare assistancepaymentdisplacement the construction military <br /> ofr the replacement <br /> eor <br /> from a that designates dwelling elle,(e.g.,the site to dwelling. <br /> from <br /> it program for aand gnat s sigma y'm�'or does not contain ho stay,asreaduty, h <br /> (3) its shelter <br /> disbursementa 8whmnjng pool),the value of eachAgency. determined by the <br /> assistance Manner ce f A rental attribute shall be subtracted from the <br /> be ment may.et the acquisition cost of the displacement (e)diCosplaced <br /> of ant A <br /> Agency's an <br /> However sum or an installments Ire nta pa purposes of computing the replacementdwelling on woo and recinitialeives arunts either slump s <br /> except as limited by (3)If the acquisition of arental yes)ii eligiblee payment under <br /> 1 24.403(f),the full amount veats typical residential portion of a 1 Z4.402(b)eand to receive 124.a <br /> immediately.whether or not there iscauses the he or sunder the 24.401 criteria <br /> if <br /> later change in the ' any displacement of the owner from the he or she meets eligibility <br /> rant.or an the dpzp on aunt local neo dulldanlend the re ain er is a/ ncy eria for <br /> theren.or in ths housing such payments.Including reg tribe purchase and <br /> [c]paw may offer to purchase the entire Occupancy within the pre cribec,i•year <br /> been <br /> pa(c)Do—pi a f tance art property.If the owner refuses to sell the <br /> period. <br /> sap�Yperneportion thatof h reale! <br /> a eig hn�l pe soawhc purchases valAn ue ooffremainder the maybe added to disbursed stall beetfrom the <br /> in rti the acquisition costa/the displacement IZt40 computed-under[�.4Qi try <br />