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• <br />CHAPTER 7. REPLACEMENT HOUSING PAYMENTS <br />90. GENERAL. This chapter describes the re- <br />quirements governing payment for replacement <br />housing for individuals and families displaced from <br />a dwelling, including condominium or cooperative <br />apartments, acquired for an ADAP/FAAP project. <br />The displaced individual or family is not required <br />to relocate to the same occupancy (owner or tenant) <br />status but has other options according to his owner- <br />ship status and tenure of occupancy as described in <br />paragraphs 92 through 98. Eligible costs under <br />ADAP/FAAP are limited to one replacement hous- <br />ing payment for each dwelling unit except in the <br />case of multifamily occupancy of a single family <br />dwelling as shown in paragraph 91. No person being <br />relocated in a residential move is to have a re- <br />placement housing payment withheld or amount <br />deducted therefrom to satisfy claims or obligations <br />to others, including the Sponsor. <br />91. REPLACEMENT HOUSING PAY- <br />MENTS —GENERAL. <br />a. Requirement To Receive Payments. <br />(1) In addition to the tenure of occupancy pro- <br />visions, the displaced person is eligible for a <br />replacement housing payment when he pur- <br />chases and occupies a decent, safe and sani- <br />tary dwelling within a 1-year period begin- <br />ning on the later of the following dates: <br />(a) The date on which the owner re- <br />ceived from the Sponsor final pay- <br />ment for all costs of the acquired <br />dwelling in negotiated settlements; or <br />in the case of condemnation, the date <br />on which the Sponsor deposits the re- <br />quired amount in court for the bene- <br />fit of the owner; or <br />(b) The date on which he is required to <br />move by the Sponsor's written notice <br />to vacate. <br />(2) If the displaced person moves earlier than <br />the date on which he is required to move, the <br />1-year period will begin on the date of the <br />move. <br />(3) A displaced person who has entered into a <br />contract for the construction or rehabilita- <br />tion of a replacement dwelling and, for rea- <br />sons beyond the displaced person's reason- <br />able control, cannot occupy the replacement <br />dwelling within the time period shown <br />above, shall be considered to have purchased <br />and occupied the dwelling as of the date <br />of such contract. The replacement housing <br />payments under these conditions would be <br />deferred until actual occupancy was accom- <br />plished. <br />b. Sponsor Inspection for Decent, Safe and Sani- <br />tary Housing. Before making payment to the dis- <br />placed person, the Sponsor will have inspected the <br />replacement dwelling and determined that it meets <br />the standards for decent, safe and sanitary housing <br />as described in paragraph 5c. The Sponsor may <br />utilize the services of any public agency ordinarily <br />engaged in housing inspection to make the inspec- <br />tion. Such determination by the Sponsor that a <br />dwelling meets the standards for decent, safe and <br />sanitary housing is made solely for the purpose of <br />determining the eligibility of relocated individuals <br />and families for replacement housing payments and <br />is not a representation for any other purpose. <br />c. Statement of Eligibility to Lending Agency. <br />Where a displaced person otherwise qualifies for the <br />replacement housing payments except that he has <br />not yet purchased or occupied a suitable replacement <br />dwelling, the Sponsor, after inspecting the proposed <br />dwelling and finding that it meets the standards for <br />decent, safe and sanitary housing will, upon the pur- <br />chaser's request, state to any interested party, fi- <br />nancial institution or lending agency, that the dis- <br />placed person will be eligible for the payment of a <br />specific sum provided he purchases and occupies the <br />inspected dwelling within the time limits described <br />in subparagraph a above. <br />d. Application for Replacement Housing Pay- <br />ments. <br />(1) The displaced person's application for re- <br />placement housing payments must be in writ- <br />ing on a form provided by the Sponsor. The <br />application should be filed no later than 6 <br />months after the expiration of the 1-year pe- <br />53 <br />
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