Displacement Plan for CDBG and HOME

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Federal RegisterJ Vol. 54. No. 40 / Thursday, March 2, 1989 / Rules and Retgtata/long mar t s andinformr et 'element tion - (c.) Boniness. The team "business" means any lawful activity. excepts farm eperansm that is conducted.() Primarily for the purchase; sada tease and/or rental of personal and/or real property. and/or for the manufacture, processing, and/or marketing of products, commodities. and/or any other personal property: or (2) Primarily for the ule of services to the public: or (3) Primarily for outdoor advertising display purposes, when the display crust be moved as a result of tine project; or (4113y a nonprofit organization that has established its nonprofit status under applicable Federal or State taw. (d) Ccerparobk replacement dwelling. The tetra 'comparable replacement dwelling" means a dwelling 'which he (1) Decent. safe and sanitary as described in paragraph (1) of this section: (2) Functionally equivalent te the displacement dwelling The term "functionally equivalent" means that it performs ilia same function. provides the same utfilty. and Is capable of contributing to a comparable style of living. While pa replassess every cement dwelling of the displacement dwelling, the principal features must be present. Generally. functional equivalency le an objective standard, refecting the range of proposes for which the various physical features de dwelling may be used. however, in determining whether a replacement dwelling Is ianctionelly equivalent to the displacement dwelling. the Agency racy consider reasonable trade -ells for specific features when the replacement unit is "equal to or better than" the displacement dwelling. (See Appendix A of this part): (3) Adequate in size to accommodate the occupants; (4) in an area not subject to unreasonable adverse environmental conditions; (5) Fa a location generally not less desirable than the location of the displaced person's dwelling with respect to public utilities and commercial and public facilities. and reasonably accessible to the person's place of employment: (a) On a Mte that is typical in size for residential development with normal site improvements, Including customary landscaping. The site need not include special improvements such as outbuiIM, ; swimming pools, or greenhouses. (See also ; 24.403(a)(2).): flu Currently available in the person on ch. private market. However. a comparable repiaterrait dwelling for a person receiving government housing assistance before displacement may reflect similar vernment housing (See Appendix A of this part): and (8) Within the financial means of the displaced pen. (i) A replacement dwelling purchased by a homeowner in occupancy at the displacement dwelling for at least 180 days prior to Wtiatlon of negotiations (180 -day homeowner) is considered to be within dee homeowner's financial means If the homeowner will receive the full price differential as described In 1 24.40Ifc), ell increased mortgage interest costs as described et 1 24.40i(d) and all incidental expenses as deeaibed at ; 24.401(e), plus arty additional amount required to he id tmder 1 24.401. Replaoeesent housing of last resort. rented by an eelligiiblele displaced pacement dwelling ero n 1. considered to be within his or her financial means if. after receiving rental assistance ender this pert. the person's monthly rent and estimated average monthly utility costs for the replacement dweHfng de not exceed the persona base monthly rental fir the displacement dwelling as described at 1i 24.482(b Fore displaced person who is not eligible te receive a replacement housing paw because of the peon's faille to meet length -of -occupancy requirements, comparable replacement rental housing le considered to be within the person's 1tei'ncial means if an Agency pays that portion oldie monthly housing rests of a replacement dwelling which exceeds 30 percent of such person's gross monthly household income or, if receiving e welfare assistance payment from a program that designates amounts for shelter and utilities, the total of the amounts designated for shelter and utf)Itles. Such rental assistance must be paid under 24.404. Replacement housing of het resort. (e) Contribute materially. The term "contribute materially' means that during the Z taxable years prior to the taxable year In which displacement occurs, or during such other period as the Agency determines to be more equitable, a business or farm operation: of a)edo��a gross receipts la55e0or (2) Had average anneal net earnings of at least $i00Q or (3) Contributed at least 33% percent of the owner's er operator's average annual gross Income from all soeurrcea. (4) lf the � of ?ora�tp,. in any given vase, dm Agcy uag--. i . approve the use of other cdterla as determined appropriate. (1) Decent, safe, and aanifary dwelling. The term "decent. safe, and sanitary dwelling' means a dwelling which meets applicable housing auf occupancy codes. However. any of the following standards which are not mat by an applicable code shall apply unless waived for : • d cause by the Federal agency fun , : the project. The dwelling shall: (1) Be structurally sound, ertighl, and good repair. w(2)thContain a safe electrical wiring syviem adequate for lighting and other (31 Contain a beating systema capable of =staining • healthful temperature (of approximately 20 degrees) for a displaced person. except le those areas where local climatic conditions do not require such a system. (4) Be adequate In size with r+eapect to the number of room and area of Ili apace needed to accommodate the emplaced person. Thom shall be separate. well lighted and ventilated bathroom that provides privacy to the user and cow a sink. bathtub or ohmage stall. swackier anise � toiletalt n d goo t4 appaoei its Mirr was; a sewage drainage system. In the cane ale hag dwelling. there althit be ■ kitchen area that contains a'fally aersrble skit. proper meted to potable hot roil cold water and to a sewage drainage system. and adequate space and utility service connections for ■ stove and refrigerator. (5) Contains unobstructed egress to safe, open space at ground level. 11 the replacement dwelling omit hon the second story or above. with acmes directly from or through a common corridor, the common corridor must hove at least two means of egress. (8) For a displaced person who is handicapped, be free of any barriers which would preclude reasonable ingress, mess, or use of the dwelling by such daplaced perm. fg) Displaced person— (1) General.. The term "displaced person" means any person who moves from the real property or moves his or her personal property from the real property; (This includes a person who commies the real property prior to its acgnisftfon, but who does not meet the length of occupancy requirements of the Uniform Act at described at 24.401(a) and 24.403(.) WA' a direct result of a written notice of intent to acquire. the initiation of negotiations for, or the acq di tion of. such seed property in whale or 10 part -ho -117214.8*-- _