1、343 Office of the Secretary, HUD 42.1 24 CFR 40.6; the circumstances under which the building of facility was de-signed, constructed or altered; and other factors relevant to a determina-tion as to whether there has been non-compliance with this part. (e) Resolution of matters. (1) If any ex-aminati
2、on, inspection, periodic compli-ance review, complaint, or investiga-tion pursuant to this section indicates a failure to comply with the applicable standards or requirements, the Sec-retary shall attempt to gain voluntary compliance whenever possible. (2) If it has been determined that vol-untary c
3、ompliance cannot be achieved, the Secretary shall refer the matter to the appropriate Assistant Secretary for action pursuant to his or her program authority regarding the residential structure or other building or facility under investigation, to achieve compli-ance with the requirements subject to
4、 this part. The Assistant Secretary shall report to the Secretary within 30 days of the date of such referral regard-ing the action taken and the schedule and means of achieving compliance, ex-cept that the Secretary may specify a shorter or longer reporting period, as deeded appropriate. (f) Dispos
5、ition of unresolved complaints. Unresolved complaints shall be re-ferred to the Architectural and Trans-portation Barriers Compliance Board to be processed in accordance with 36 CFR part 1150. A complaint shall be deemed unresolved if it is not resolved within 90 days of the date of the filing of th
6、e complaint with the Department. (g) Compliance action by other individ-uals. Individuals other than the Sec-retary may receive complaints and un-dertake other appropriate actions to achieve compliance with requirements subject to this part, so long as initial notification of such complaints or pro-
7、posed actions is given both to the Sec-retary and the appropriate Assistant Secretary. 41.6 Matters involving the Architec-tural and Transportation Barriers Compliance Board. (a) Complaints. With respect to any complaint referred to the responsible Department Official by the Architec-tural and Trans
8、portation Barriers Compliance Board (A grants under 24 CFR part 570, subpart G (Urban Development Ac-tion Grants), and Loan Guarantees under 24 CFR part 570, subpart M; and assistance to State and local govern-ments under 24 CFR part 92 (HOME program). 42.305 Definitions. The terms Fair Market Rent
9、(FMR), HUD, Section 8, and Uniform Relocation Act (URA) are defined in part 5 of this title. Otherwise, as used in this sub-part: Comparable replacement dwelling unit means a dwelling unit that: (1) Meets the criteria of 49 CFR 24.2(d)(1) through (6); and (2) Is available at a monthly cost for rent
10、plus estimated average monthly utility costs that does not exceed the Total Tenant Payment determined under 813.107 of this title, after taking into account any rental assistance the household would receive. Conversion. (1) This term means alter-ing a housing unit so that it is: (i) Used for nonhous
11、ing purposes; (ii) Used for housing purposes, but no longer meets the definition of lower-in-come dwelling unit; or (iii) Used as an emergency shelter. (2) A housing unit that continues to be used for housing after completion of the project is not considered a con-version if, upon completion of the
12、project, the unit is owned and occupied by a person who owned and occupied the unit before the project. Displaced person means a lower-in-come person who, in connection with an activity assisted under any program subject to this subpart, permanently moves from real property or perma-nently moves per
13、sonal property from real property as a direct result of the demolition or conversion of a lower-in-come dwelling. For purposes of this definition, a permanent move includes a move made permanently and: (1) After notice by the grantee to move from the property following ini-tial submission to HUD of
14、the consoli-dated plan required of entitlement grantees pursuant to 570.302; of an ap-plication for assistance pursuant to 570.426, 570.430, or 570.465 that is thereafter approved; or an application for loan assistance under 570.701 that is thereafter approved; (2) After notice by the property owner
15、 to move from the property, fol-lowing the submission of a request for financial assistance by the property owner (or other person in control of the site) that is thereafter approved; or (3) Before the dates described in this definition, if HUD or the grantee deter-mine that the displacement was a d
16、i-rect result of conversion or demolition in connection with an activity subject to this subpart for which financial as-sistance has been requested and is thereafter approved. HCD Act of 1974 means the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.). Lower-income dwelling unit
17、 means a dwelling unit with a market rent (in-cluding utility costs) that does not ex-ceed the applicable Fair Market Rent (FMR) for existing housing established under 24 CFR part 888. Lower-income person means, as appro-priate, a low and moderate income person as that term is defined in VerDate Mar
18、2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00354 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-345 Office of the Secretary, HUD 42.350 570.3 of this title, or a low-in
19、come family as that term is defined in 92.2 of this title. Recipient means CDBG grantee, UDAG grantee, or the HOME partici-pating jurisdiction. Standard condition and substandard condition suitable for rehabilitation have the meaning the recipient has estab-lished for those terms in its HUD-ap-prove
20、d consolidated plan pursuant to 24 CFR part 91. In the case of a unit of general local government funded by a State, either the States definitions for those terms or the definitions adopted by the unit of general local govern-ment for this purpose shall apply. Vacant occupiable dwelling unit means a
21、 vacant dwelling unit that is in a standard condition; a vacant dwelling unit that is in a substandard condition, but is suitable for rehabilitation; or a dwelling unit in any condition that has been occupied (except by a squatter) at any time within the period beginning 3 months before the date of
22、execution of the agreement by the recipient cov-ering the rehabilitation or demolition. 42.325 Residential antidisplacement and relocation assistance plan. (a) Certification. (1) As part of its con-solidated plan under 24 CFR part 91, the recipient must certify that it has in effect and is following
23、 a residential antidisplacement and relocation assist-ance plan. (2) A unit of general local govern-ment receiving funds from the State must certify to the State that it has in effect and is following a residential antidisplacement and relocation assist-ance plan, and that it will minimize displacem
24、ent of persons as a result of assisted activities. The State may re-quire the unit of general local govern-ment to follow the States plan or per-mit it to develop its own plan. A unit of general local government that devel-ops its own plan must adopt the plan and make it public. (b) Plan contents. (
25、1) The plan shall indicate the steps that will be taken consistent with other goals and objec-tives of the program, as provided in parts 92 and 570 of this title, to mini-mize the displacement of families and individuals from their homes and neighborhoods as a result of any as-sisted activities. (2)
26、 The plan shall provide for reloca-tion assistance in accordance with 42.350. (3) The plan shall provide one-for-one replacement units to the extent re-quired by 42.375. 42.350 Relocation assistance for dis-placed persons. A displaced person may choose to re-ceive either assistance under the URA and
27、 implementing regulations at 49 CFR part 24 or assistance under section 104(d) of the HCD Act of 1974, including: (a) Advisory services. Advisory serv-ices at the levels described in 49 CFR part 24. A displaced person must be ad-vised of his or her rights under the Fair Housing Act (42 U.S.C. 360119
28、). If the comparable replacement dwelling to be provided to a minority person is lo-cated in an area of minority concentra-tion, as defined in the recipients con-solidated plan, if applicable, the minor-ity person must also be given, if pos-sible, referrals to comparable and suit-able decent, safe,
29、and sanitary replace-ment dwellings not located in such areas. (b) Moving expenses. Payment for moving expenses at the levels described in 49 CFR part 24. (c) Security deposits and credit checks. The reasonable and necessary cost of any security deposit required to rent the replacement dwelling unit
30、, and for credit checks required to rent or pur-chase the replacement dwelling unit. (d) Interim living costs. The recipient shall reimburse a person for actual rea-sonable out-of-pocket costs incurred in connection with a displacement, in-cluding moving expenses and increased housing costs, if: (1)
31、 The person must relocate tempo-rarily because continued occupancy of the dwelling unit constitutes a sub-stantial danger to the health or safety of the person or the public; or (2) The person is displaced from a lower-income dwelling unit, none of the comparable replacement dwelling units to which
32、the person has been re-ferred qualifies as a lower-income VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00355 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-346
33、 24 CFR Subtitle A (4111 Edition) 42.375 dwelling unit, and a suitable lower-in-come dwelling unit is scheduled to be-come available in accordance with 42.375. (e) Replacement housing assistance. Persons are eligible to receive one of the following two forms of replacement housing assistance: (1) Ea
34、ch person must be offered rent-al assistance equal to 60 times the amount necessary to reduce the monthly rent and estimated average monthly cost of utilities for a replace-ment dwelling (comparable replace-ment dwelling or decent, safe, and sani-tary replacement dwelling to which the person relocat
35、es, whichever costs less) to the Total Tenant Payment, as de-termined under part 813 of this title. All or a portion of this assistance may be offered through a certificate or voucher for rental assistance (if avail-able) provided under Section 8. If a Section 8 certificate or voucher is pro-vided t
36、o a person, the recipient must provide referrals to comparable re-placement dwelling units where the owner is willing to participate in the Section 8 Tenant-Based Assistance Ex-isting Housing Program (see part 982 of this title). When provided, cash assist-ance will generally be in installments, in
37、accordance with 42 U.S.C. 3537c; or (2) If the person purchases an interest in a housing cooperative or mutual housing association and occupies a de-cent, safe, and sanitary dwelling in the cooperative or association, the person may elect to receive a payment equal to the capitalized value of 60 tim
38、es the amount that is obtained by subtracting the Total Tenant Payment, as deter-mined under part 813 of this title, from the monthly rent and estimated aver-age monthly cost of utilities at a com-parable replacement dwelling unit. To compute the capitalized value, the in-stallments shall be discoun
39、ted at the rate of interest paid on passbook sav-ings deposits by a federally insured fi-nancial institution conducting business within the recipients jurisdiction. To the extent necessary to minimize hard-ship to the household, the recipient shall, subject to appropriate safe-guards, issue a paymen
40、t in advance of the purchase of the interest in the housing cooperative or mutual housing association. 42.375 One-for-one replacement of lower-income dwelling units. (a) Units that must be replaced. All oc-cupied and vacant occupiable lower-in-come dwelling units that are demol-ished or converted to
41、 a use other than as lower-income dwelling units in con-nection with an assisted activity must be replaced with comparable lower-in-come dwelling units. (b) Acceptable replacement units. Re-placement lower-income dwelling units may be provided by any government agency or private developer and must m
42、eet the following requirements: (1) The units must be located within the recipients jurisdiction. To the ex-tent feasible and consistent with other statutory priorities, the units shall be located within the same neighborhood as the units replaced. (2) The units must be sufficient in number and size
43、 to house no fewer than the number of occupants who could have been housed in the units that are demolished or converted. The number of occupants who could have been housed in units shall be determined in accordance with applicable local hous-ing occupancy codes. The recipient may not replace those
44、units with smaller units (e.g., a 2-bedroom unit with two 1-bedroom units), unless the recipient has provided the information required under paragraph (c)(7) of this section. (3) The units must be provided in standard condition. Replacement lower-income dwelling units may in-clude units that have be
45、en raised to standard from substandard condition if: (i) No person was displaced from the unit (see definition of displaced per-son in 42.305); and (ii) The unit was vacant for at least 3 months before execution of the agree-ment between the recipient and the property owner. (4) The units must initi
46、ally be made available for occupancy at any time during the period beginning 1 year be-fore the recipient makes public the in-formation required under paragraph (d) of this section and ending 3 years after the commencement of the demolition or rehabilitation related to the conver-sion. VerDate Mar20
47、10 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00356 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-347 Office of the Secretary, HUD 42.390 (5) The units must be designed to
48、re-main lower-income dwelling units for at least 10 years from the date of ini-tial occupancy. Replacement lower-in-come dwelling units may include, but are not limited to, public housing or existing housing receiving Section 8 project-based assistance. (c) Preliminary information to be made public.
49、 Before the recipient enters into a contract committing it to provide funds under programs covered by this subpart for any activity that will di-rectly result in the demolition of lower-income dwelling units or the conversion of lower-income dwelling units to another use, the recipient must make public, and submit in writ-ing to the HUD field office (or State, in the case of a unit of general local gov-ernment funded by the State), th
