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(4) Certification of structural soundness when required by the lender, FHA or VA.

(5) Credit report.

(6) Title policies or abstract of title. (7) Escrow agent's fee.

(8) State revenue stamps or sale or transfer taxes.

$4.320 Replacement housing payments for tenants and certain others.

(a) A displaced tenant or owneroccupant of a dwelling for less than 180 days is eligible for a replacement housing payment not to exceed $4,000 if he meets both of the following requirements:

(1) Actually occupied the dwelling for not less than 90 days prior to the initiation of negotiations for acquisition of the property.

(2) Is not eligible to receive a payment under § 4.310.

(b) An owner-occupant of a dwelling for not less than 180 days prior to the initiation of negotiations is eligible for a replacement housing payment as a tenant, when he rents, instead of purchases, a decent, safe, and sanitary replacement dwelling not later than the end of the one year period beginning (1) on the date that he receives final payment for the acquired dwelling, or (2) on the date when he moves from the acquired dwelling, whichever is later. $4.321 Computation of rental replacement housing payments.

Eligible displaced tenants or owner-occupants who elect to rent a replacement dwelling may receive a replacement housing payment, not to exceed $4,000, determined as follows:

(a) The amount payable for rent to a displaced tenant, other than a tenant of the displacing agency, is 48 times the reasonable monthly rent for a comparable replacement dwelling, less 48 times the average month's rent paid by the displaced tenant for the last 3 months before initiation of negotiations for the acquired dwelling if that rent was reasonable, and if not reasonable, 48 times the monthly economic rent for the dwelling unit as established by the displacing agency.

(b) The amount payable for rent to a displaced tenant of the displacing agency is 48 times the reasonable monthly rent for a comparable replacement dwelling less 48 times the monthly economic rent.

(c) The amount payable for rent to a displaced homeowner is 48 times the

reasonable monthly rent for a comparable replacement dwelling less 48 times the monthly economic rent, but not more than the homeowner would receive if he were eligible for a payment under § 4.311.

(d) In no event, however, shall the rental payment, when added to the average month's actual or, if appropriate, economic rent, exceed the actual rent that the displaced person or homeowner pays for the replacement dwelling.

(e) In determining the reasonable monthly rent for a comparable replacement dwelling the displacing agency shall use one of the following methods:

(1) It may establish a schedule of monthly rents for each type of dwelling required. The schedule shall be based on an analysis of the available private market. If more than one agency is administering a project causing displacement in the area, it shall cooperate with those agencies in establishing a uniform schedule for the area.

(2) It may determine a reasonable rent by examining the rent of at least three comparable replacement dwellings available on the private market.

(3) If it finds that the methods described in paragraphs (e) (1) and (2) of this section are not feasible the displacing agency may propose what it considers to be a feasible method to the Administrator for approval.

§ 4.322 Computation of replacement housing down payment-tenants and 90-day owners.

If the tenant elects to purchase replacement housing within one year from displacement instead of renting, the payment shall be computed by determining the amount necessary to enable him to make a down payment and to cover incidental expenses on the purchase of replacement housing, as follows:

(a) The down payment shall be the amount necessary to make a down payment on a comparable replacement dwelling. Determination of the amount necessary for such down payment shall be based on the amount of down payment that would be required for purchase of the dwelling using a conventional loan.

(b) Incidental expenses of closing the transaction are those described in

§ 4.311(c).

(c) The amount required to be paid by the purchaser as points or as an origination or loan service fee is includable if

such fees are normal to real estate transactions in the area.

(d) The maximum payment may not exceed $4,000 and if more than $2,000 As required, the tenant must match any amount in excess of $2,000 by an equal amount in making the down payment.

(e) The full amount of the replacement housing payment must be applied to the purchase price and incidental costs shown on the closing statement. § 4.330 Determination of cost of replacement dwelling.

In determining the reasonable cost of a comparable replacement dwelling available on the private market, the displacing agency shall use one of the following methods:

(a) It may establish a schedule of reasonable acquisition costs for the various types of comparable replacement dwellings which are available on the private market. If more than one agency is administering a project causing displacements in the area, it shall cooperate with those agencies in establishing a uniform schedule for the area. The schedule must 'be based on a current analysis of the market to determine a reasonable cost for each type of dwelling to be purchased. In large urban areas this analysis may be confined to one area of the city, or may cover several different areas if they are comparable and equally accessible to public services and places of employment. To assure the greatest comparability of dwellings, the analysis shall be divided into classifications by type of construction, number of rooms, and price ranges.

(b) It may determine the reasonable cost of a comparable replacement dwelling by examining the probable selling prices of at least three comparable replacement dwellings which are available. Selection of the dwellings must be made by a qualified employee or agent of the displacing agency who is familiar with real property values and current real estate transactions.

(c) If it finds that the methods described in paragraphs (a) and (b) of this section are not feasible for determining the reasonable cost of a comparable replacement dwelling, it may propose what it considers to be a feasible method to the Administrator for approval.

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In determining the amount of the replacement housing payment the following provisions shall be applied.

(a) If the dwelling is located on a tract typical for residential use in the area, the maximum replacement housing amount payable is the probable selling price of a comparable replacement dwelling on a tract typical for the area, less the acquisition price of the acquired property.

(b) If the dwelling is located on a tract larger than typical for residential use in the area, the maximum replacement housing amount payable is the probable selling price of a comparable replacement dwelling on a tract typical for the area, less the estimated value of the dwelling at the present location on a homesite typical in size for residential use in the area.

(c) If the dwelling is located on a tract where the fair market value is established on a higher and better than residential use, the maximum replacement housing amount payable is the probable selling price of a comparable replacement dwelling on a tract typical for residential use in the area, less the estimated value of the dwelling assuming it was located on a tract typical for residential use in the area.

§ 4.332 Partial use of home for business or farm operation.

(a) In the case of a displaced homeowner or tenant who has allocated part of his dwelling for use in connection with a displaced business or farm operation, a replacement housing payment may not be paid for that part of the property which is allocated to the business or farm operation.

(b) The eligibility of a person to receive moving expense under this part is not affected by this section.

§ 4.333 Multiple occupants of a single dwelling.

(a) If two or more families, or an individual and a family, occupy the same dwelling, each such individual or family. that elects to relocate separately is entitled to a separately computed replacement housing payment.

§ 4.334 Multifamily dwelling.

In the case of a displaced homeowner who is required to move from a one

family unit of a multifamily building which he owns, the replacement housing payment shall be based on the cost of a comparable one-family unit in a multifamily building or a single family structure without regard for the number of units in the building being acquired. § 4.335 Application and payment.

(a) Upon application by a displaced homeowner or tenant who meets the requirements of this subpart for a replacement housing payment, the displacing agency shall:

(1) If he has purchased or rented, and occupied a decent, safe, and sanitary dwelling, make the payment directly to him, or at his option to the seller or lessor of the decent, safe, and sanitary dwelling; or

(2) If he has purchased or rented, but not yet occupied a decent, safe, and sanitary dwelling, upon his request make the payment into an escrow account.

(b) The application shall be in writing and filled with the displacing agency within 18 months after the date the applicant was required to vacate an acquired dwelling or 6 months after final adjudication of a condemnation proceeding, whichever is later.

§4.336 Certificate of eligibility pending

purchase of replacement dwelling. Upon request by a displaced homeowner or tenant who has not yet purchased and occupied a comparable replacement dwelling, but who is otherwise eligible for a replacement housing payment under this subpart, the displacing agency shall certify to any interested party, financial institution, or lending agency, that the displaced homeowner or tenant will be eligible for the payment of a specific sum if he purchases and occupies a decent, safe, and sanitary dwelling within the prescribed time limit.

§4.337 Inspection of replacement dwelling required.

(a) Before making a replacement housing payment to a displaced homeowner or tenant, or releasing a payment from escrow, the displacing agency shall inspect the replacement dwelling to determine whether or not it meets the criteria for decent, safe, and sanitary dwellings. The displacing agency may use the services of any public agency or

dinarily engaged in housing inspection to conduct the inspection.

(b) A determination by the displacing agency that a dwelling meets the criteria for decent, safe, and sanitary housing is solely for the purpose of this subpart and is not a representation for any other purpose.

Subpart D-Relocation Assistance Advisory

Services

§ 4.400 Requirements for relocation assistance advisory programs.

The displacing agency must provide a relocation assistance advisory program for displaced persons. The program must provide for:

(a) Explaining to displaced persons the relocation assistance and payments that are available.

(b) Assisting displaced persons to complete applications required for payments;

(c) Determining the needs of displaced persons for relocation assistance.

(d) Informing displaced persons as to the availability and cost of comparable replacement dwellings and comparable locations for displaced business and farm operations;

(e) Assisting each displaced person to obtain and move to a comparable replacement dwelling;

(f) Informing displaced persons as to Federal and State housing programs; and

(g) Providing counsel and advice to displaced persons that will minimize the hardships associated with adjusting to a new location.

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If a displacing agency determines that any person occupying property immediately adjacent to the real property acquired is caused substantial economic injury because of the acquisition, relocation advisory services may be offered such person.

§ 4.402 Displaced person declining to accept relocation services.

A displaced person is not required to accept the relocation services provided for his benefit. He may choose to relocate on his own and still be eligible for payment if the replacement housing meets the occupancy requirements of decent, safe, and sanitary housing and application for payment is within the prescribed time limits.

§ 4.403 Information for displaced per

sons.

(a) The displacing agency must deliver to each displaced person either in person or by certified mail, return receipt requested:

(1) A brochure or letter explaining the relocation assistance advisory program; and

(2) If it is not included in the brochure, a notice stating the eligibility requirements for payments for replacement housing and moving expenses.

(3) In addition, if the displaced person is a homeowner or tenant, a written statement setting forth the optional types and the actual amount of replacement housing payments to which he is entitled.

(b) The information required by paragraph (a) of this section shall be furnished:

(1) To homeowners not later than the initiation of negotiations for the property or the issuance of a written notice of intent to acquire the property by a definite date, as the case may be; and

(2) To tenants within 15 days after the initiation of negotiations for the property or the issuance of a written notice of intent to acquire the property by a definite date as the case may be.

(c) The displacing agency shall notify each displaced person of his right to appeal. § 4.404

Public information.

(a) To insure public awareness of its relocation assistance advisory program, the displacing agency shall provide an opportunity for presentation of information and discussion of relocation services and payments at public hearings, prepare a relocation brochure, and give full and adequate public notice of the relocation program for each project to which this part applies.

(b) In areas where a language other than English is predominant, public information shall be published in the predominant language as well as in English. § 4.405 Coordination of relocation activities.

(a) When the displacing agency contemplates displacement in a given area, it shall furnish to the appropriate HUD area office information regarding projects which will cause displacement and shall consult with that office concerning the availability of housing. HUD Re

gional offices should be used in areas not served by an area office.

(1) A directory of HUD Regional and area offices is provided in Appendix B to this part. Subsequent updated directories can be obtained from the Department of Housing and Urban Development.

(b) Pursuant to the requirements and procedures promulgated by Office of Management and Budget Circular A-95 (Revised), the displacing agency shall consult appropriate local officials through the State clearinghouse.

(c) The displacing agency shall designate at least one representative who will meet periodically with the representatives of other displacing agencies to review the impact of their respective programs on the area.

(d) The displacing agency shall establish channels of communication and coordinate its displacement activities with other agencies planning or carrying out relocation in the affected area. The person assigned by the displacing agency to provide relocation assistance for a particular project shall maintain personal contact and exchange information with welfare agencies, urban renewal agencies, redevelopment authorities, public housing authorities, the Federal Housing Administration, the Veterans Administration, the Small Business Administration and other agencies providing services to displaced persons. He shall also collect and maintain information on private replacement properties in the area of the project through personal contact with real estate brokers, real estate boards, property managers, apartment owners and operators, and home building contractors.

§ 4.406 Contracting for relocation services.

(a) To prevent unnecessary expenses and duplication of activities, an agency that is required to provide relocation services or make relocation payments under this part may carry out any of those functions through the facilities, personnel, and services of a Federal, State, or local governmental or private agency having an established organization for conducting relocation assistance programs.

(b) When a central relocation agency is available in the project area or community, the displacing agency shall consider entering into an agreement with such agency. Regional and area offices of the Department of Housing and Urban

Development can provide information concerning relocation service agencies. (Appendix B to this part).

(c) If a central relocation agency is not available or is unable, in the judgment of the displacing agency, to provide the necessary services within the time required, the displacing agency may provide relocation services through contracts with another public agency or a private contractor.

4.406-1 Written agreement required.

If the displacing agency elects to provide relocation services or make relocation payments through another agency, it shall enter into a written agreement with that agency. The agreement must be approved by the Administrator and must contain the following:

(a) An obligation on the part of the other agency to perform the services and make the relocation payments in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and this part.

(b) If the contract is with a public agency administering another Federal or federally assisted program, a description of the financial responsibilities of each program to finance the relocation program required by this part.

(c) A provision acknowledging that only those costs directly chargeable to the EPA or EPA assisted project are eligible for EPA funds.

(d) A provision for negotiation of major changes that become necessary in the scope, character, or estimated total costs of the work to be performed.

(e) Clauses required by EPA regulations implementing Title VI of the Civil Rights Act of 1964 (Pub. L. 88-353).

(f) A provision that the records required by Appendix A be retained by the other agency or turned over to the displacing agency and that they be retained for a period of at least 3 years after payment of the final voucher on each project, regardless of which agency retains them.

(g) A provision that the records required by Appendix A to this part be available for inspection by representatives of the Environmental Protection Agency or the General Accounting Office at any reasonable business hour.

(h) Any other provisions required by the Administrator to meet the requirements of EPA regulations and policies applicable to EPA supported projects.

Subpart E-Federally Assisted Projects § 4.500 State agency assurances.

The Environmental Protection Agency will not approve a grant, contract, or agreement for an EPA assisted project until the State agency provides the Administrator with satisfactory written assurances that:

(a) For projects resulting in the displacement of any person:

(1) It will adequately inform the public of the relocation payments and services which will be available as set forth in Subparts A, B, C, and D of this part.

(2) It will provide fair and reasonablerelocation payments to displaced personsas required by Subparts B and C of this part.

(3) It will provide a relocation assistance program for displaced persons offering services described in Subpart D of this part; and

(4) Comparable replacement dwellings will be available pursuant to Subpart C of this part, or provided if necessary, a reasonable period in advance of the time any person is displaced.

(b) For projects resulting in the acquisition of real property:

(1) It will fully comply with the requirements of Subpart F of this part; and

(2) Adequately inform the public of the acquisition policies, requirements, and payments which will apply to the project.

§ 4.500-1 Inability to provide assur

ances.

If a State agency is unable to provide the assurances required by § 4.500, for any program or projects that will result in the displacement of any person or the acquisition of any real property, it must furnish the Administrator a statement. specifying any provisions of the assurances required by this section which it is unable to provide in whole or in part under the laws of that State. The statement must be supported by an opinion of the Chief Legal Officer of the State agency of the legal inability to provide any part of the required assurances. § 4.501

Monitoring.

The Environmental Protection Agency will monitor on a continuing basis, actions taken by State agencies in relation to assurances given for EPA assisted programs and projects to insure conformance with such assurances.

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