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8948 Federal Register / Vol. 54, No. 40 / Thursday. ", <br /> March x, 1989 / Rules and Regulatiarts <br /> dwelling[which by definition is • -�,.. <br /> "adequate to the co ams sad increased relocation housing Subpart B—Real property Acquisition gY <br /> uat person)accommodate")may be found to be Chs#a during the temporary relocation. <br /> Sectionpdisplaced pe sn)equivalent"to a larger but It h also noted that any person who Acquisition R ui emenb!lity of • <br /> very run-down substandard ar8 disagrees with the Agency's Requirements <br /> displacement dwelling, determination that he or she is not a Section 24.101(6) Leas-than fu!!, <br /> Section 24.2[4)(7)requires that a displaced person under this part may interest in real property.This provision <br /> comparable Sectio2,replacement dwellingatfile an appeal in accordance with provides a benchmark beyond <br /> fora the <br /> person who Is not receiving assistance <br /> �x•10• requirements of the subpart clearly <br /> Section 24.2(10 Initiation ofapply to leases.However,the Agency <br /> under any government housing program negotiations.This section of thmay apply the re <br /> before displacement must be currently provides a special definition for Part: repletion/to any lees- <br /> available on the private market without than-full-fee acquisition which is whorl <br /> any subsidy under a government acquisitions and displacements under of 50 years but which in its judgment <br /> housing program, Pub.4 9t1-610 or Superfirnd,These should be covered. <br /> activities differ under ,� <br /> A public housing unit may qualify ase relocation may � nd in that Section 24.102 Basic Acquisition <br /> comparable replacement dwelling only reverse precede a quenisttioa.the Policies <br /> for a person displaced from a public Superfund�of �normal sequence. <br /> Dousing unit:a privately-owned program designed to Section 24.102(d) Establishment of <br /> clean up hazardous waste sites.When offer of just conprnrction.The initial <br /> dwelling with a housing program <br /> subsidy tied to the unit may qualify as a such a site is discovered.it may be offer to the property owner may not be k' <br /> comparable replacement dwelling necessary,in certain limited less than the amount of the <br /> for a person displaced a sing only circumstances,to alert the public to the approved appraisal.but may Aexcceeds <br /> subsipizeo nail pr Pudlic housinm a danger and to the advisability of moving that amount if the Agency determines <br /> bi program subsidy to a immediately.If a decision is made later that a greater amount:�ects just <br /> housing[nottoga subsi 1.such s person to permanently relocate such persons. compensation for the property. <br /> f) Basicaegatiation <br /> 8 o theibg Housing Program those who had moved earlier would na Section 24.1 <br /> Sectiontifica�le or a Ffouslus Voucher,may longer be on site when a formal,written PnCedures.Rt isiinntended that an offer <br /> be refected is an offer of a comparable offer to acquire the property was made to an owner be adequately presented. <br /> pland thus would lose their eligibility fora and that the owner be properly <br /> replacement dwelling to a person <br /> receiving a similar subsidy or oocupytreg replacement bonging payneenL In order informed.Personal,face-to-face contact <br /> a privately-owned subsidized unit or to prevent this unfair outcome.we have should take place.if feasible,but this <br /> public housing unit before displacement. provided a def nitron which is based on section is not intended to require such <br /> However.nothing in this part the public health advisory or contact in all cases. <br /> announcement of permanent relocation. Section 24.102(1) Administrative <br /> prohibits as Agency from offering,or <br /> precludes a person from accepting, Section 24.3 No Duplication of settlement This section provides <br /> assistance under a government housing Payments guidance on administrative settlement <br /> Program.even if the person did not ee an alternative to judicial resolution of <br /> receive similar assistance before This section prohibits an Agency from a difference of opinion on the value of a ' <br /> displacement.However.We Agency is making a payment to a person under property,to order to avoid unnecessary <br /> obligated to inform the person of his or these regulations fleet would duplicate litigation and congestion in the courts. <br /> her options under this part.(If a person another payment the person receives <br /> accepts assistance under a government under Federal.State,or local law.The 'u relevant consideredfactand Age tayces <br /> housing program,the rental assistance Agency is not required to conduct an official <br /> be by an Agency <br /> payment under 124.402 would be exhaustive search for such other pprai ars.indelegacluding <br /> this authority. <br /> computed on the basis of the person's payments;it Is onlypppr isers. including be pressured <br /> actual out-of-pocket cost for di( creating a duplicaton requiredd on the avoid appraisers.must not value for the e <br /> replacement housing.) Agency's knowledgeadjustuotheir estimate such en <br /> Section 24.2(81(2) Persons not payment under at the time a purpose ofowouldjustifying invalidate <br /> ste thmenis. <br /> displaced Section 24.2(g)(2)(iv) computed regulations is Such action would invalidate the <br /> recognizes there are circumstances appraisal process. <br /> where the thatthere real mstancrty Section 24.9 Recordkeeping and Section 24.1022(j) Payment before <br /> takes place without the intent or Reportstaking possession. it is intended that a <br /> necessity that an occupant of the Section 24.9(c) Reports.This be obtained my in the exceptional case, <br /> property be permanently displaced. paragraph allows Federal agencies to such as an emergency project.when <br /> Because such occupants are not require the submission of a report an there is no time to make an appraisal <br /> considered"displaced persons"under activities under the Uniform Act no andPP <br /> this part,great care must be exercised to mare frequently than once everypurchase offer and the property <br /> ensure that they are treated fairly and years.The rethree owner is agreeable to the process. <br /> equitably.For example.if the tenant- activities during the Federal fiscal year will cover Section 301(8)fizzle) Faiormnt c <br /> occupant of a dwelling will not be immediately prior to the submission hat on of the Uniform Act limitsa <br /> displaced.but is required to relocate date.In order to minimize the what an Agency may chargewhena <br /> project <br /> in connection with the administrative burden on former owner Is permitted t r occupant of a <br /> project must beyoraea�safe,eed implementing this part.a basic port property for <br /> shrt term mortthe <br /> he <br /> form(see Appendix B of this part)has propertyfora short termination when <br /> sanitary and the tenant must be been developed which,with only minor theAgency 4 subject tonotice. <br /> Sch re by <br /> t <br /> reimbursed for all reasonable out-of- modifications,would be used in allon short as r entacv rent <br /> withpocket <br /> temporaryoenses in relocation.ce nnection Ped federally-assisted programs may not short term occupier."exceed"the value <br /> st Generally.the Agency's right to <br />